Best Workers Compensation Lawyers in Rochester, NY

Rochester, NY Workers Compensation FAQs

• What is the non-emergency contact number for the local police station in Rochester, New York?

  The non-emergency contact number for the Rochester Police Department is 311 or 585-428-6720 for concerns outside of Rochester.

• Where can I get a copy of police report for incidents related to my case in Rochester, New York?

  You can get a copy of a police report for incidents related to your case at https://buycrash.lexisnexisrisk.com/search/. If you were not involved in the accident, you must file a Freedom of Information Law request online at www.cityofrochester.gov/FOIL or in person at Accident Records at the City Public Safety Building at 185 Exchange Blvd. You can also call 585-428-7493.

• Can domestic workers get workers' compensation in Rochester?

  Under New York law, employers who have domestic workers who serve them for at least 40 hours per week must carry workers’ compensation insurance. This means that if you are a nanny, housekeeper, chauffeur, butler, or any other type of domestic worker in Rochester working for 40 hours or more per week, you are covered by workers' compensation insurance. If you are injured while working for an employer without insurance, the employer is legally responsible for the expenses and could face penalties.

• What are the benefits you can receive through workers' compensation in Rochester?

  Workers' compensation is a form of insurance that provides cash benefits, medical care, or both to workers in Rochester who sustain injuries while at their workplace or develop an occupational illness or disease. Aside from cash benefits and medical care, workers' compensation benefits may include supplemental and Social Security benefits. Death benefits are included for the surviving dependents of employees who died due to a work-related injury.

• Can you be fired or terminated for filing for workers' compensation in Rochester?

  If you file for workers' compensation in Rochester, your employer is not allowed to fire or terminate you. If the simple act of filing leads to your termination, this would be considered discrimination, and you can file a Section 120 claim under New York's workers' compensation law. Also note that the Family Medical Leave Act of 1993 allows employees to take up to 12 weeks of unpaid, job-protected leave concurrently. This means that employees covered by FMLA have the right to return to their job within the 12-week period.

• Can you receive workers' compensation and social security benefits simultaneously in Rochester?

  Yes, it is possible to receive both workers' compensation and Social Security Disability benefits at the same time in Rochester. However, your SSD benefits may be reduced if you file for SSD benefits while receiving workers' compensation benefits. Under the Social Security law, you may only get up to 80% of your average current earnings between SSD and workers' compensation. If your SSD and workers' compensation benefits exceed 80% of your ACE, then your SSD benefits will be reduced.

• How can you be eligible for workers' compensation in Rochester?

  Under New York state law, all employees who are injured in the course of work have the right to claim workers' compensation benefits, regardless of what caused their injury. If you are an injured employee in Rochester, you just need to show proof that your injury, illness, or disability occurred during the course of your employment.