The workers’ compensation framework in New York covers the majority of medical expenses for employees injured in workplace incidents. In addition, the State’s workers’ comp program provides compensation for permanent and temporary disabilities, support for deceased workers, and limited funeral expenses. Each state has its own version of workers’ compensation statutes, which the majority of employers are mandated to provide for all of their employees. If you have suffered an injury in a job-related incident, then you are likely eligible to receive some form of payment as part of the workers’ compensation program.
Unfortunately, similar to other categories of insurance coverages, the specific policies and procedural requirements encompassed within New York workers’ compensation insurance program – in addition to the insurance provider’s motivation to obtain a low settlement – can mean that getting the compensation you deserve can be a nuanced and intimidating process.
Medical Benefits: Workers’ Compensation insurance covers “necessary and reasonable” medical expenses. This includes treatment programs, prescriptions, and related hospital services utilized to treat the work-related injury. The employer, in conjunction with its insurance provider, has the authority to select the medical providers for all workplace injuries.
Temporary Total Benefits: In the event a qualified employee sustains a disability that lasts over seven consecutive days, they will be deemed eligible for temporary total benefits, which are retroactively applied to the initial day of missed work. The employee will be compensated at an amount of 70% of their median weekly earnings, not to exceed the statutory maximum rate or dip under the statutory minimum rate that is set on an annual basis by the Commissioner of Labor and Workforce Development. These disbursements are made until the employee returns to full-time employment status, has reached a physician-determined “maximum medical improvement” (also known as MMI), or has been disabled for 400 consecutive weeks.
Permanent Partial Benefits: In circumstances when an employee incurs a permanent physical disability due to a workplace injury or illness, the associated workers’ compensation benefits are premised on the worker’s functional loss and are disbursed on a weekly basis pursuant to the workers’ compensation law.
Permanent Total Benefits: An employee is entitled to receive permanent total disability benefits in instances where the workplace injury or illness precludes them from performing any category of gainful employment in the future. These benefits are 70% of the employee’s weekly median earnings and are paid on a weekly schedule for an initial window of 450 weeks. After this initial period, the employee must demonstrate that they remain completely disabled in order to continue receiving the benefits.
Death Benefits: Dependents of an employee who is killed in a work-related accident may qualify for death benefits and funeral costs of up to $3,500. Death benefits are disbursed on a weekly basis and are equal to 70% of the earnings of the deceased employee.
Workers are often relieved to learn that, under New Yorks’s “No Fault” workers’ compensation statute, they are not required to prove their employer was at fault for their injury in order to receive the benefits listed above (although certain employee actions, including the use of alcohol or drugs at the time of the incident, may preclude you from receiving workers’ compensation benefits). The only fact that you as the worker must substantiate is that the injury or disease was in some way associated with your employment obligations.
Remember, each case is unique, so contact HURT-511 for more information on workers’ comp statute and our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.
HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.
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