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What Can I Do If I Am Injured Outside the Course and Scope of Employment?

Accidents can happen anywhere and at any time. Thankfully, New York employment laws cover you for any injuries that occur during your working hours. These laws are clear and straightforward on how compensation and recovery are handled in a workplace injury, but your options get more complicated if you’re injured outside of work.

If you’ve found yourself in this situation, it’s important to know what steps to take and what options are available to cover your needs. Gash & Associates, P.C. in White Plains, NY, has helped thousands of New Yorkers cover their medical expenses and lost wages after an injury. Call our office today for a free consultation.

Understanding New York Laws on Employment Injuries

In New York, workers’ compensation laws provide benefits to employees who are injured on the job. This coverage includes medical expenses, rehabilitation costs, and partial wage replacement for missed time. However, these benefits are strictly for injuries within the “course and scope of employment.” This means the injury must happen while performing work-related duties or activities sanctioned by your employer.

What is the Course and Scope of Employment?

The term “course and scope of employment” refers to activities that are directly related to your job. For example, if you are injured while performing your job tasks, attending a mandatory company event, or even traveling for work, these incidents typically fall under workers’ compensation coverage. But what options are available if your injury occurs outside work-related activities?

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. If you are injured outside of work and need time to recover, you can apply for FMLA leave. This can provide you with up to 12 weeks of unpaid leave while ensuring your job remains secure.

To qualify for FMLA, you must have worked for your employer for at least 12 months and have at least 1,250 hours of service during the 12 months before your leave.

Disability Benefits

New York State provides short-term disability benefits to employees who are unable to work due to a non-work-related injury or illness. These benefits can cover up to 50% of your average weekly wage for up to 26 weeks. To claim these benefits, you must file a disability claim with the New York State Workers’ Compensation Board.

Using Sick Leave

If you have accrued a good amount of sick leave at your job, you can use it to cover your recovery period from an injury that occurred outside of work. Some employers also allow employees to use their paid time off (PTO) or vacation days to cover illness or injury. Check with your employer’s HR department about their specific sick leave and PTO usage policies.

If You’ve Been Injured in New York, Call Gash & Associates, P.C.

Paying for injuries outside the course and scope of employment can be challenging. But, understanding your rights under FMLA, disability benefits, and sick leave usage can significantly affect your recovery and financial stability.

If you’ve been injured inside or outside the course and scope of employment, Gash & Associates, P.C. in White Plains, NY, can help you through this difficult time. Call today at (914) 328-8800.