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Workers Compensation Benefits

Fair Workers Compensation Benefits Are Not Guaranteed-But Our Workers Comp Lawyers in New York Fight For Justice

Person with work injury sitting in a wheelchairThough 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.  Get the legal counsel you deserve. Talk to a lawyer at our firm. Our NY workers’ compensation 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 long does it take to get paid from workers comp in NY?

In most cases, after you apply for workers’ compensation and your application has been approved, you should start receiving workers’ compensation payments after 18 days, according to the New York State Workers’ Compensation Board. Your employer’s workers’ compensation insurance company will pay you. And you should receive those payments every two weeks as long as you are unable to work due to your on-the-job injury or work-related illness. However, if your claim is disputed or “controverted,” the dispute may take much more time – and the right legal counsel – to resolve.

Workers’ compensation vs. personal injury

If you got hurt in an accident, you’ve probably already heard a lot about two types of financial compensation – personal injury and workers’ comp.

As explained on this page and others, workers’ compensation pays for medical expenses, partial replacement of lost wages, and certain other specific benefits for on-the-job injuries. Workers’ compensation is a no-fault system. That means you can receive workers’ comp regardless of who caused your accident, as long as you were at work when it happened.

Personal injury compensation is based on fault. In order to receive a personal injury settlement, the injury victim must prove that someone else was negligent and caused their injury.

Because workers’ compensation is the “exclusive remedy” against your employer, you can’t file a personal injury claim against your employer, even if the injury was their fault. However, you can file a personal injury claim against a third party, such as a subcontractor, vendor, property owner, or careless driver, if their negligence caused your accident. The advantage of doing so is that personal injury claims can pay for pain and suffering and other costs not covered by workers’ compensation.

Who is eligible for workers compensation?

Nearly all employees, including full-time, part-time, seasonal, and temporary workers, are eligible for workers’ compensation. You can get workers’ comp regardless of how long you have been at your job – if you are injured on your first day of work, that is covered by workers’ compensation. You are also eligible regardless of your immigration status.

There are only a few types of employees who are not eligible for workers’ compensation. Certain employees of the City of New York do not get workers’ comp because they are covered by other programs. Certain members of the clergy and employees of religious institutions cannot get workers’ compensation either. And independent contractors are not covered by workers’ compensation – although whether you count as an “employee” or a “contractor” for workers’ compensation purposes can be contentious.

When in doubt, talk to a New York workers’ compensation lawyer. They can review the details of your case and explain whether you qualify for workers’ compensation benefits. Odds are, in most cases, you do. That’s why it often pays to talk to an attorney.

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 NY 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 legal team you want on your side.