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FAQs
A work injury or disability can be difficult. We’re sure you have questions. Don’t worry — we have answers.
Free Case ConsultationWhat are the most common type of injuries Construction Workers Report?
Falling from high places is the number one most common construction accident, causing almost 35% of construction injuries. Falling Debris. Tools, building materials, pieces of scaffolding, or other supplies can do serious damage if they fall from significant heights and land on a worker.
Are Construction Workers' covered under workers' comp?
All construction employees should be covered by an employer's workers' compensation insurance. Even if an employer fails to secure insurance the state has a safety net program called the uninsured employer fund that will pay the injured worker.
Are there any differences between Workers' Compensation Claims and Personal Injury Claims?
New York workers' compensation is a no-fault insurance system that provides medical treatment and weekly indemnity payments to employees who were hurt during the course or scope of their employment. If your injuries weren't caused by your employer or a coworker but, rather, by someone from another company who was simply working alongside you, you may have grounds to file a personal injury lawsuit against the person in question. You can file both from the same injury there is a 3rd party responsible for your workplace injury.
If I get injured while I am traveling for work, can I file for workers' comp?
Yes, if you are injured on a business trip, you can likely receive workers' compensation. Generally, traveling on a business trip is a part of the duties of work and therefore covered by workers' comp.
I am suffering from PTSD because of my job. Can I receive workers' comp?
Under New York law, psychological injuries only qualify for workers' compensation benefits if they were caused by an above-average amount of stress. In other words, employees must show that they faced a greater level of stress than other employees typically face
When will my injury be considered permanent and a SLU or Loss of wage-earning capacity be found?
A case is ready for permanency when a doctor finds that you have reached maximum medical improvement. This is usually when no further treatment will make the condition better.
How long do I have to be employed in order to be covered by workers' compensation?
There is no time requirement for the length of employment to be covered by workers' compensation; it is only necessary that you be an employee. Some employees have filed a claim after decades of service, while some have been injured within minutes of starting a position and have received compensation benefits.
How does the compensation board calculate my weekly payment?
Payments to an injured worker are based upon the injured worker's average weekly wage and degree of disability.
What is the difference between New York state disability benefits and workers' compensation?
Disability benefits are for injured men and women who suffer a nonwork-related injury. Workers' compensation benefits are for work-related injuries.
The insurance company wants to send a nurse case manager to visit with me and to attend my doctor appointments. Is this a good idea?
No. Unless there is a particular reason to do so, we recommend that the injured worker not accept a carrier nurse case manager's involvement. Doing so rarely results in any benefits to the claimant and usually results in benefits to the carrier.
Do I need to look for work if I am receiving workers' compensation benefits?
Under the New York workers' compensation requirements, recipients of workers' comp benefits that are not receiving total disability are required to demonstrate they are looking for work within their restrictions. This requirement seems unfair to many injured New York workers, especially those who have suffered serious, debilitating injuries, but it is absolutely essential to comply with this requirement so as to not lose out on your benefits.
How long do I have to be employed in order to be covered by workers' compensation?
There is no time requirement for being covered by workers' compensation, it is only necessary that you be an employee. Some employees have filed a claim after decades of service, while some have been injured within minutes of being hired and have received compensation benefits.
How do I apply for Social Security Disability benefits?
You can apply online at ssa.gov or you can have an attorney apply on your behalf.
What is the Social Security Administration's Definition of Disabled?
A person must have one or more medically determinable impairments that are expected to last 12 months or result in death, and will prevent the person from working. The persons age, education, and work experience will be taken into account. A person must prove that they can't return to work they have done in the past, and that they cannot perform any other work on a full time basis. That means a person must show they cannot do a simple unskilled job in which you can sit throughout the day.
How much can I receive social security disability benefits?
The amount of your monthly disability benefit is based on your lifetime average earnings covered by Social Security. You can turn to the Social Security Administration Website (www.SSA.gov) to get your Social Security statement online.
If I receive benefits, can my family also receive benefit?
Your children, including any children that you may have previously adopted, may qualify for Social Security disability benefits if you are disabled and if the child is under 18 years of age and unmarried. Your child can qualify if he or she is under the age of 19 and unmarried and attend high school on a full-time basis. If your child is 18 years of age or older and unmarried, and became disabled before they were 22 years old, they may be eligible for disability benefits.
How are my wages figured out in workers compensation?
It is calculated by taking your total earnings for the 52 weeks prior to your injury and dividing that by the number of days worked, giving you the average daily wage. The average daily wage is then subjected to a multiplier depending on the number of days worked, as provided for by Section 14 of the New York Workers' Compensation Law.
Do I have to receive a check for my workers compensation benefits?
No, as of July 1, 2021 the Workers Compensation insurance companies must offer direct deposit for Worker's Compensation benefits.
Do I have to pay taxes on my Social Security Disability Insurance (SSDI) payments?
SSDI isn't a needs-based program, which means you may have to pay taxes on a portion of your benefit payments if your income exceeds a certain amount. Though most SSDI recipients don't end up paying taxes on these payments because they don't make enough outside income to exceed this threshold, according to the Social Security Administration (SSA), roughly one-third of beneficiaries do pay some taxes—often due to other household income or a spouse's income.
Can I apply for Social Security Disability Insurance while I'm receiving New York workers' compensation benefits?
Yes. If you're receiving workers' compensation benefits for a workplace injury or occupational illness, you may also be entitled to collect Social Security Disability Insurance (SSDI) benefits if you qualify for the program.
