What Benefits Can I Obtain From Workers’ Compensation in New York?

Understanding What You are Entitled to Under NY Law: Workers’ Compensation Lawyers in NYC Explain

 QUESTION: What benefits can I obtain from workers’ compensation in New York?

ANSWER: There are many benefits that you may be entitled to under New York law, especially with the help of an experienced workers’ compensation lawyer in NYC such as one of ours.  Most of the benefits are based on pure economic losses.  That means the actual cost, such as a doctor’s bill or your lost wages.

For instance, the most common benefits that you can obtain from workers’ compensation in New York include the following:

Health Care

This includes reimbursement for medical bills that have already been paid as well as coverage for future medical bills that are deemed to be medically necessary.  Medical care includes:

• Dental
• Surgery costs
• Optometry
• Medications and medically necessary drugs as a result of your work-related accident or illness
• Assistive devices
• Medically necessary medical treatment, and
• Other treatment that is related to your work injury or illness.

Lost Wages

 Workers’ compensation benefits also pay for lost wages.  This type of benefit is to be paid promptly and is intended to help a worker and his or her family immediately to ensure there is a minimal disruption to the family finances.  In order to be entitled to lost wages, your injury or illness must keep you from work for a period longer than seven days and your pay must have been reduced because you are working fewer hours or re-assigned.

You are entitled to up to two-thirds (2/3s) of your lost wages.  The period of which your lost wages are paid are the following per the New York State Workers’ Compensation Board:

• No benefits for the first seven (7) days of a disability unless the disability extends for more than 14 days
• After 14 days of disability, you are entitled to recover lost wages from the very first day of work that you were unable to work due to your injury or illness
• Once accepted, payments should begin whichever event is later: 1) 18 days of the day that you were disabled by injury or illness, OR 2) within 10 days after your employer became aware that you were disabled by injury or illness.

Awards for Loss of Due or Permanent Disability

 If your injury or illness has reached maximum medical improvement (MMI) but still leaves you with pain, restriction, or loss of function, you may be entitled to an award compensating you for this permanent disability.  This is called a loss of use award.  There are two types of loss of use awards.

The first is a schedule loss of use award, which includes main areas of the body that could be injured such as an arm or leg.  The second is a nonschedule loss of use award, which encompasses other parts of the body that are injured but not listed in the schedule loss of use such as to the spine.

An award for a loss of use is more complicated than other claims.  It involves a calculation around your average weekly lost wages, what part of the body is injured, and a disability percentage for the injury.  Sometimes if there is a lump sum settlement, there may be more negotiation that can be complicated to assess.

Death Benefits

 If a loved one was killed due to a work-related accident or illness, a family may be entitled to death benefits.  These benefits are paid at two-thirds (2/3s) of a workers’ lost wages and continue to the spouse and children, except in limited circumstances such as remarriage.

Need Help With Your Workers’ Comp Benefits?  Ask Us for Help

 We hope this FAQ was helpful.  We have more FAQ questions and answers available here [[ADD LINK WHEN FINAL]].

But if you still have questions about what is workers’ compensation in New York, call to schedule a FREE consultation with our experienced workers’ compensation lawyers in NYC to learn more about how we can help you.  You can reach us by dialing (844) 692-6671 or by sending us a private message through our “Contact Us” box available here.