If you've been hurt at work, it's natural to want to know how much your workers' compensation claim is worth. However, the answer to this question depends on several factors.
Factors That Affect the Value of a Workers' Compensation Claim
Some of the factors that will affect the value of your workers' compensation claim in New York include:
- Type of injury. Workers' compensation covers a wide range of workplace injuries. Claims that qualify for total disability receive higher compensation than those that are only considered partial disability.
- Medical care required. All reasonable medical care related to your injury must be covered as part of your claim. When appropriate, mileage reimbursement for travel to medical appointments is also included.
- Time missed from work. The more time you miss, the more your claim is worth. For this reason, it's common for insurers to dispute when you are ready to return to work.
- Average weekly wage. Your disability payments are calculated based on 2/3 of your average weekly wage at the time of your injury, up to a state-approved maximum. If you're able to work, but earning less because of your injury, your average weekly wage is used to compensate you for 2/3 of the loss of your income.
- Whether you have a permanent disability. Most workers who are injured on the job eventually recover and return to employment. However, some are left permanently disabled. When you have a permanent disability, you can receive additional compensation based on what part of the body is affected and how this affects your overall earning potential.
When to Contact an Attorney
If your injuries are minor and you've missed little or no work, you can most likely handle your claim without an attorney. However, if you require significant medical care, have missed several weeks of work, or have been left with a permanent disability, an experienced workers' compensation attorney can ensure that you receive the maximum possible benefits by documenting your condition and negotiating with the insurer on your behalf.
The team at O'Connor Law is dedicated to helping New York residents access the workers' compensation benefits they need to support themselves and their families after suffering serious on-the-job injuries. Call today to schedule a free, no-obligation initial consultation. Our offices are convenient to residents of Westchester, Nassau, Suffolk, Rockland, Putnam, and Orange counties, as well as those living in Brooklyn, Bronx, Queens, and Manhattan.