Worker compensation


Three Things You Can Do If You Don’t Have Access to Workers’ Compensation Insurance

Employers in every state are required to carry some type of protection for their employees. This means they must have a Workers’ compensation policy in place or another form of insurance to ensure employees are sufficiently compensated for their medical expenses and any wages they may have lost due to their work-related injuries. When an employer does not have proper coverage, the employee has options they can pursue to be compensated. Before choosing a path to follow, ensure that all of your documentation is in order.

Hire a Personal Injury Attorney and File a Lawsuit

One of the first things an injured employee should do when they have experienced a work-related injury is to contact a personal injury attorney. If your employer does not have Workers’ Comp insurance or no other means to compensate you, then you can ask your personal injury attorney to file a lawsuit on your behalf. Time is of the essence, and filing deadlines must be met. It’s important that you have as much documentation as possible when hiring your personal injury attorney.

File a Claim with Your State’s Uninsured Employers’ Funds

States across the country have an uninsured employer’s fund. If you find out that your employer does not have Workers’ compensation insurance, you can file a claim with the Uninsured Employer’s Fund. The key is to file as soon as possible after the accident and make sure to provide as much documentation as possible. Photographs and witness statements will be needed to substantiate your claims. You should also have any medical reports related to the work-related injury. Present the entire file when you make your claim with the state.

File a Short-Term Disability Claim

An injured employee also has the option to file a short-term disability claim. Short-term disability will provide some compensation but not as much as an actual Workers’ comp claim. The short-term disability claim must be filed with your employers’ insurance and followed up by regular visits to your doctor. A short-term disability normally only remains in place for approximately three months. If the injury is more severe and more time is needed, a lawsuit may be the employee’s only other option.

What If Your Employer Tries to Settle with You?

Even though your employer does not have Workers’ Compensation insurance, they may attempt to settle with you. It’s important to ask for a mediator or someone who can negotiate a settlement amount for you. Hiring a personal injury attorney or having someone from your insurance company recommends a mediator will ensure that you receive sufficient compensation for your injuries.

Being injured at work can be frustrating, especially if your employer does not have any Workers’ comp insurance to fall back on. If you have questions and need answers from a knowledgeable agent, contact us today. At Abatelli Group INC., our agents have the answers you are looking for and will be able to guide you through the whole process of getting compensation from your employer.


Can I Pursue Another Career While Receiving Workers’ Comp Benefits?

Sometimes, employees sustain injuries while working at their workstations. Depending on the severity of these injuries, some end up being unable to work temporarily or permanently. In such cases, the employer is obligated to pay the victims what is known as workers’ compensation benefits. Sometimes, the injured employees might desire to work again, even if it is in a lower-risk capacity. At other times, they may consider changing their career, especially if their injuries impede them from working in the same capacity they used to.

In this guide, we will discuss what would happen to your compensation benefits if you decide to pursue another career.

Will My Benefits Continue After I Change Jobs?

You can change jobs when you want, even while you receive compensation benefits from a former employer. However, doing this will likely affect your benefits regardless of whether the new job is full-time or part-time. If you are considering working in a different industry or capacity, you need to understand the following:

  • First, your benefits can’t be canceled just because you switched employment
  • Secondly, your benefits can’t be canceled if the new job involves less risk and pays less
  • Finally, your benefits can’t be canceled if the new job is different from your current one and pays less

While changing jobs won’t necessarily stop your benefits, it will impact the amount you will receive. That is, your pay rate will reduce, and you will be paid less than you ordinarily would. Further, if the new job pays as much as your current job, the benefits will be stopped altogether.

What If the New Job Is a Part-time Job?

Understandably, you may need to take new jobs to account for the financial gap the compensation benefits are unable to fill. However, regardless of the reason behind your decision, your benefit payment will reduce.

To prevent this from happening, you can decide not to report any income you receive. However, this will make you guilty of insurance fraud, which is punishable by law.

Why Injured Workers May Change Their Jobs

Injured workers still receiving compensation benefits usually consider a job or career change for several reasons. These include:

  • They found a less risk taking job that pays the same and meets the doctor’s recommended physical restrictions
  • They found a job that meets the doctor’s recommended physical restrictions and enables them to progress even though it pays less

If your reason is any of the above, you might remain eligible to receive partial compensation benefits.

Factors to Consider Before Starting a New Job

Several injured workers often find new jobs appealing for different reasons, both financial and personal. However, starting a new job comes with many risks and disadvantages. These include:

  • Returning to work before you fully recover makes you prone to a reoccurrence of your injury
  • Returning to work early could impact your recovery progress or even prevent your full recovery

Keep in mind that your employer is not legally mandated to save your job for you in these instances. Consequently, your position may already be taken over by the time you make a full recovery. Additionally, your employer is not legally required to offer you an alternative position. So, ensure you heal entirely before starting a new job, or you will lose on both ends.

If you are currently facing such a scenario, we can help. At Abatelli Insurance, we are always available to talk more about your options. Contact us today to learn more!


How Workers’ Compensation Benefits Both Employees and Employers

The Goals of Workers’ Compensation

Workers’ compensation is beneficial in two ways, and this is in the process of protecting the employees and protecting the employers. It makes sure to provide adequate coverage for either the employees or employers in case of an unexpected occurrence.

Benefits of Workers’ Compensation for Employees
Some of the things a successful worker’s compensation claim can yield funds for include:

  • Back pay for the time the employee is out of work due to an injury sustained on the job.
  • Hundred percent of medical expenses for the covered injury with no deductibles.
  • Money benefits for any permanent or partial disability due to an injury.
  • For disability benefits a worker must miss at least seven days of work, it aims to compensate injured workers for a   portion of their lost wages in the number of days they’ve missed.
  • Funeral expenses and death benefits for the death of the employee as a result of the injury. This is based on the deceased’s number of dependents.

The knowledge that your employer has an adequate workers’ compensation policy will give you peace of mind and an assurance that your financial security won’t be threatened should you get hurt on the job. This is, if neither your employer nor their carrier challenges your compensation claim. It is therefore important to seek legal counsel where a seasoned attorney will advocate on your behalf before commencing your claim and finally help you achieve the compensation you deserve, as there are many common hurdles when making a worker’s compensation claim.

Benefits of Workers’ Compensation to Employers

It is inevitable that an organization or business experiences work accidents perhaps once in a while and when they do happen, it’s the employees who usually end up getting hurt.

However, by purchasing workers’ compensation insurance, business owners or employers no longer have to worry about covering their employee’s injuries from their own pockets. The insurance policy offers coverage for this.

This shouldn’t cause employers or organizations to implement negligent protocols, as there will be repercussions. Organizations are still required to maintain a safe working environment for the employees, as anything otherwise can expose them to litigation, regardless of their current coverage.

Perhaps you were seriously injured at your workplace and wish to take legal action; a personal injury attorney can be of great help. Talk to the team members at Abatelli Group, Inc. to find out how we can protect your business from unforeseen circumstances. With reliable commercial insurance, we can help your business if it is located in Whitestone, Flushing, Bayside, Little Neck, or surrounding cities of New York. Contact us today to get started.


How Do I Obtain Workers’ Compensation for My Business?

Workers’ compensation insurance is a necessary business expense. Not only is it mandatory in many states, once it is in place, it will also protect your business from financial loss if an accident does occur. In addition to providing employees with workers’ compensation insurance, it’s up to you to make sure they have a work environment that is safe and free from hazards. Taking the necessary precautions is the best way to ensure your workers remain safe on the job.

Is Workers’ Compensation Insurance Mandatory?

Most states require that businesses carry workers’ compensation insurance for their employees. There is an exemption that would exclude businesses from purchasing workers’ compensation insurance, but they would still need to self-insure their employees through a different type of policy. In most cases, it is better to purchase the workers’ compensation policy simply because it is specifically designed to cover work-related injuries that may impact your employees’ future.

Where Do I Get Workers’ Compensation Insurance?

Most insurance companies and brokers offer workers’ compensation insurance. These policies can be found online through larger companies, or you can choose to buy from a local agent who is familiar with your area and can be hands-on in determining the type and amount of insurance for your business. You may be able to get the workers’ compensation coverage you need from a state-funded program. Because the insurance is mandatory, many states offer assistance in helping companies make sure they remain in compliance.

How Much Workers’ Compensation Insurance Does My Business Need?

While some states don’t require workers’ compensation for companies that have fewer than five employees, it’s still a good idea to provide some type of insurance coverage. The amount of workers’ compensation you need will depend on how many employees you have and the type of work they do. The nature of your business will determine how much your premiums will cost you each month. In most cases, the more employees you have, the more cost-effective your policies will be. Understanding how the cost is determined will give you an idea of how much you will have to pay for each employee.

Finding the Right Insurance Agent

The key to buying the right workers’ compensation policy is to find the right insurance agent or broker. The appropriate agent will listen to your concerns and answer any questions you may have. They will be able to guide you through the process, so you can understand your premium costs and how the claims process works once an injury has occurred. Your insurance agent will be the person you go to when you need proper compliance with state guidelines involving workers’ compensation coverage.

As a business owner, it’s up to you to be compliant with state guidelines. Securing the right workers’ compensation doesn’t have to be difficult. The right agents are here to help you. For the right workers’ compensation insurance policy, contact our expert team at Abatelli Group, Inc. today. We serve Whitestone, Flushing, Bayside, Little Neck, and surrounding cities of New York with reliable coverage. We are ready to assist you with all of your insurance needs.


Do I Need Workers’ Compensation If I’m Self-Employed?

Workers’ compensation is often a daunting and downright confusing coverage for business owners. As a professional, you may already have enough to think about beyond this coverage and what it does. The question arises, what about those business owners who go it alone? Do the self-employed need workers’ compensation insurance? The answer is never a simple yes or no, so here is what you need to know.

Check local laws

Whether a self-employed person needs workers’ compensation will depend on your local and state laws. In New York, workers’ compensation insurance optional for most self-employed workers. If you are self-employed or a sole proprietor of a business in New York, you do not need workers’ compensation insurance if you do not have any employees. However, sole proprietors could still benefit from a workers’ comp policy through lost wages coverage after an on-the-job injury. Self-employed persons can choose to carry workers’ compensation coverage, providing additional insurance in case of a workplace injury or disability.

Coverage for sole proprietors

If you are a roofer or self-employed individual in other highly hazardous fields, you may need to obtain a workers’ compensation policy for your own injuries. What’s more, If you work as a general contractor or a subcontractor, you may have to buy workers’ comp insurance if the contract you signed requires it.

Securing coverage

If you qualify for workers’ compensation insurance as a self-employed individual, you will need to use a licensed insurer who has the proper authorization to develop workers’ compensation policies. It’s recommended that you research coverage and different insurance companies before making a decision. Many insurers will not sell workers’ compensation to a self-employed individual as they do not view it as a worthwhile investment. That is why it is so important to work with a trusted professional who has your best interest in mind.

Keep in mind that even if you do not qualify for workers’ compensation insurance, you may still require some forms of insurance as a self-employed person.

Benefits of workers’ compensation

Although it’s tempting to think of workers’ compensation as a hassle and a drain on your business budget, the insurance will act as a safety net if you do suffer an injury on the job. If you suffer a catastrophic injury in a fall or experience an illness as a result of the work you do, your insurance policy will provide the extended disability coverage you need to get back on your feet. The financial support gives you peace of mind that you’re covered if a serious injury happens on the job.

Securing the right workers’ compensation doesn’t have to be difficult. The right agents are here to help you. For the right workers’ compensation insurance policy, contact our expert team at Abatelli Group, Inc. today. We serve Whitestone, Flushing, Bayside, Little Neck, and surrounding cities of New York with reliable coverage. We are ready to assist you with all of your insurance needs.

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