If you were injured on the job in New York, you can receive workers’ compensation benefits. How long you can collect workers’ compensation depends on several factors, including the nature of your injuries. In some situations, workers may collect benefits for the rest of their lives.
Overview of Workers’ Compensation Benefits in New York
Injured workers must report their work injury to their employers within 30 days to maintain eligibility for workers’ compensation benefits. Workers’ comp covers reasonable and necessary medical treatment. Medical treatment may include, but is not limited to:
- Doctor’s visits
- Emergency medical treatment
- Hospitalizations
- Surgeries
- Medical specialists
- Diagnostic tests
- Physical therapy
- Medications and medical equipment
Workers must see providers authorized by the Workers’ Compensation Board (Workers Compensation Board) to receive paid medical treatment for a work-related injury. Workers can receive lost wage benefits if their work injury prevents them from working during recovery or reduces their earning capacity. Workers’ comp provides temporary total disability (TTD) benefits and partial temporary disability (PTD) benefits. If a worker sustains a life-long disability or impairment, they may also receive long-term disability benefits. If they cannot perform any work at all, they may receive permanent total disability (PTD) benefits. If their injuries decrease their earning capacity, they can receive permanent partial disability (PPD) benefits.
How Long Can I Receive Temporary Disability Payments for Workers’ Compensation in New York?
You should receive temporary lost wage benefits until you reach maximum medical improvement (MMI). Temporary disability payments cease when you reach maximum medical improvement. Your doctor determines when you reach this level in your treatment. MMI is when you fully recover or when your doctor determines that your condition will unlikely improve with further medical treatment. If you sustain a partial or total disability or impairment, you can apply for permanent disability benefits. How long you receive permanent disability payments for workers’ compensation depends on several factors.
How Long Will I Receive Permanent Disability Benefits for Workers’ Compensation in New York?
The duration of your permanent disability payments depends upon:
- The type of disability you sustain
- Your average weekly wages
- The degree of your disability
- Whether you have a scheduled or non-scheduled loss
- State maximum and minimum amounts for lost wage claims
If you are totally disabled, there is no limit on the number of weeks you can receive permanent disability payments. The amount you receive for PTD equals two-thirds of your average weekly wages for the year prior to your work injury. However, if you sustain a partial disability, the number of weeks you receive benefits depends on the degree of your disability and whether it is a scheduled or non-scheduled loss of use. Scheduled loss of use includes the permanent loss of your eyesight, hearing, or a lower/upper extremity. The duration of your disability payments depends on the body party and the impairment rating. For example, the maximum number of weeks you receive disability payments for the loss of an arm is 312 weeks. However, if your impairment rating is 50 percent, the number of weeks you receive benefits is 156 weeks (312 x 50%). A non-scheduled loss of use includes injuries to your heart, spine, brain, lungs, or pelvis. If your work injury occurred before March 13, 2007, you can receive workers’ comp benefits as long as the impairment exists. However, the number of weeks you receive partial permanent disability benefits is limited if your work injury occurred on or after March 13, 2007. For example, you can receive disability benefits for 525 weeks if the loss exceeds 95%. If your impairment rating is 15% or less, the maximum duration of benefits is 225 weeks.
Who Determines My Impairment Rating for a Workers’ Compensation Claim in New York?
Your doctor generally prepares a final report stating your impairment rating for disability benefits. However, your employer or the workers’ compensation insurance company may request an independent medical examination (IME). If so, a medical examiner evaluates your condition to determine your disability rating. If the doctor’s opinions differ, your attorney can negotiate a settlement, or you can take your case to court.
Schedule a Free Consultation With an Experienced New York Workers’ Comp Attorney
If you have questions about a claim, call our office to schedule a free consultation with one of our experienced workers’ compensation lawyers. We can help you understand and explore your legal rights and options.
Contact the Bronx Workers’ Compensation Lawyers at O’Connor Law PLLC Today
If you were injured in a workplace accident in Bronx, NY, and need legal help, contact our Bronx workers’ compensation attorneys at O’Connor Law PLLC to schedule a free case consultation today.
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