Understanding the factors that affect the duration of benefits.
If you've been injured on the job in New York, you may wonder how long you can collect workers' compensation benefits. The answer depends on several factors, including the severity of your injury, your age, and your occupation.
New York workers' compensation pays for all necessary medical treatment, regardless of the severity of a work-related injury or illness. This includes doctor's visits, hospital stays, and physical therapy. Medical care is typically paid for as long as it is necessary.
Employees on workers' comp can receive disability payments for lost wages. The amount of these benefits depends on the worker's average weekly wage (AWW) and the extent that their injury or illness has disabled them. Payments are two-thirds AWW, up to the maximum weekly benefit amount. These benefits can be received for up to 525 weeks for a permanent partial disability. However, if you are permanently totally disabled you can receive benefits for the rest of your life.
How long can you receive workers' comp benefits?
Workers' compensation disability or "cash" benefits are payments designed to replace lost wages while workers recover or are unable to return to work. How long an employee receives cash benefits depends on their percentage of disability. Typically, the more injured an employee is, the longer they can receive benefits. Here's a closer look at how long you can receive workers' compensation benefits in New York, based on the "degree of disability":
Temporary disability benefits
- 1-15% disabled - Workers can receive benefits for up to 225 weeks.
Permanent partial disability benefits
- 16-30% disabled - up to 250 weeks of benefits.
- 31-40% - up to 275 weeks.
- 41-50% - up to 300 weeks.
- 51-60% - up to 350 weeks.
- 61-70% - up to 375 weeks.
- 71-75% - up to 400 weeks.
- 76-80% - up to 425 weeks.
- 81-85% - up to 450 weeks.
- 86-90% - up to 475 weeks.
- 91-95% - up to 500 weeks.
- 96-99% - up to 525 weeks.
Permanent total disability benefits
- 100% - Lifetime benefits.
Filing a workers' comp claim
To ensure the timely and successful processing of workers' compensation claims, it's crucial for injured workers to act promptly. The first step should be to notify the employer of the accident and injury, followed by filing a claim with the employer's workers' compensation insurance carrier. The following information is typically required when filing a claim:
- Employee's name, address, and phone number
- Employer's name and address
- Date and time of the injury
- A detailed description of the injury sustained
- Name and contact information of the treating physician
It's also important for injured workers to keep any documentation related to their injuries, such as medical records. Once a claim is filed, the workers' compensation insurance carrier will conduct an investigation, which may involve requesting additional information or documentation. If the claim is approved, the injured worker will start receiving benefits. However, if the claim is denied, the worker may appeal the decision. Overall, taking immediate action and providing accurate information is key to ensuring a smooth and successful workers' compensation claim process.
We will fight for the compensation you deserve
Many injured and sick workers have difficulty getting workers' compensation benefits. This is why you should always consult an experienced attorney as soon as possible after a workplace accident or occupational illness. For more than 80 years, the attorneys at the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP have been fighting for the rights of injured New York workers.
If you have been hurt at work in New York, you should know your legal rights and understand your potential options for compensation. Don't let the complexities of the system prevent you from obtaining the outcome your case deserves. Contact the experienced New York workers' compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, for a free consultation. Our dedicated team can guide you through the process and aggressively advocate for your best interests.