Workers Compensation Benefits
Fair Workers Compensation Benefits Are Not Guaranteed-But Our Workers Comp Lawyers in New York Fight For Justice
Though your boss or the company's workers comp insurance carrier might tell you differently, the New York State workers compensation law provides lifetime medical care for any workplace injuries and occupational diseases you suffer. In addition, if you were injured at work, you are entitled to receive reimbursement for incidental medical expenses such as prescriptions, medical devices, and transportation expenses to and from medical providers. Workers’ comp also provides partial replacement of lost wages and certain additional benefits for some permanent injuries.
The bottom line is that if you’re hurt on the job, you should be covered by workers’ comp. Our attorneys know how to advocate for the full benefits you deserve.
What are the types of workers’ comp benefits in New York?
In New York, there are four main types of workers’ compensation benefits:
- Medical benefits: Workers’ compensation pays for the full cost of all reasonable and necessary medical treatment for your work injury. There are no co-pays, deductibles, or other out-of-pocket expenses; the workers’ compensation insurance company pays for everything. There is also no end date to these benefits. If you need medical care for the rest of your life due to a work injury, workers’ compensation pays for it.
- Wage loss (total disability): If you are unable to work for some time due to your work injury, workers’ compensation pays two-thirds of your pre-injury average weekly wage (AWW), subject to a statutory minimum and maximum. Wage loss benefits generally kick in after seven days; if you are out of work for over 14 days, then you are eligible to receive lost wage benefits from the first day of missed work. If you are still able to work but for reduced earnings (for instance, if you have to work fewer hours), workers’ comp pays two-thirds of the difference between your pre-injury earnings and current earnings.
- Schedule loss of use (SLU) benefits: Permanent injuries to certain parts of the body, such as the arms and legs, are eligible for lump-sum benefits according to a statutory formula. For example, loss of an arm is worth 312 weeks of compensation; if you sustain a permanent injury that causes 50% loss of use of one arm, you would be eligible for a lump sum payment equal to 156 weeks’ worth of compensation, even if you didn’t miss a single day of work.
- Death benefits: If your loved one died in a fatal work accident, the surviving spouse, minor children, or other dependents are entitled to weekly cash benefits equal to two-thirds of their average weekly wage. Workers’ compensation also covers funeral or memorial expenses for a work-related death.
How much time do I have to get workers’ comp benefits in New York?
There are two key deadlines to remember in workers’ compensation claims. First, you have to report the work injury to your employer within 30 days. We recommend doing so as soon as possible. We also recommend reporting the injury in writing so that you have a record.
Then, you have up to two years to file a workers’ compensation claim. Again, even though that may seem like a long time, we recommend talking to an attorney about your options as soon as possible. It takes time to build a strong workers’ compensation case, and we need to investigate before important evidence is lost.
How much is a workers’ compensation claim worth?
Workers’ compensation settlement payments are based on many factors:
- The type of work injury you suffered
- The doctors’ evaluation
- Your expected recovery period
- Treatment therapies required
- Vocational rehabilitation needed
- If you are unable to return to work
- If you are temporarily disabled
- If you are permanently disabled
One of the most important factors is your attorney’s experience dealing with the workers’ compensation system. We know how to deal with the insurance company and advocate for all the benefits you deserve.
How an experienced workers’ compensation lawyer can help
Despite the law, injured New York employees get the run-around all the time. The workers’ comp insurance company may dispute how your average weekly wage is calculated or whether your medical treatment is reasonable and necessary. These factors can significantly affect the value of your benefits. Ultimately, it all comes down to how carefully your case is managed, from documenting your work injuries, to choosing a doctor, to filing a workers' compensation claim and, if necessary, appealing a denied claim. That’s why experienced legal representation makes all the difference.
With relentless workers' compensation attorneys like us by your side, you won't be left hanging in the wind – you could end up with a settlement in the millions, whether you live in Westchester, Williamsburg, Staten Island, or Southampton.
Call the New York Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today toll-free at (800) 692-3717 or contact us online for a free evaluation. Every discussion is confidential and there is no obligation.
Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP – the hard-working New York personal injury legal team you want on your side.