When you are injured on the job in New York, the state government says that you may be entitled to benefits from workers’ compensation. But just what is workers’ compensation benefits? The compensation is meant to make up for monetary losses related to your injuries. In some cases, you may not be able to return to work, in which case your benefits could last a lifetime.
An injury in New York may entitle you to one or more of the type of benefits:
- Social Security
An experienced workers’ compensation attorney from The Weinstein Law Group can assist you in securing the compensation you are entitled to under law. Call our office at 212-741-3800 to speak with a member of our team at no cost to you or your family. We will provide you with your options based on your unique circumstances.
In the meantime, let’s take a closer look at the different types of benefits offered by workers’ compensation.
Cash benefits are paid to injured workers whose disability extends beyond two weeks (14 days). Once the cash benefits begin, they are retroactive. In other words, you won’t get them for several days after you file, but when you do, you are paid from the first day you missed work onward.
If your injury forces you to take time off work due to a partial or total disability, you may also receive cash benefits. These are calculated based on your last year of employment. Do not expect to receive the entirety of your paycheck, but do expect to receive enough to make up for some of your loss.
In the state of New York, wage compensation is calculated using the following formula:
2/3 x average weekly wage x % of disability = weekly benefit
When you are able to return to work but not to the same job duties and experience a loss of income, you may receive cash benefits that make up two-thirds the difference between your new wage and your old one.
Employees who have been injured at work and qualify for workers’ compensation do not have to pay for their medical care. One caveat to this is that medical care must be accepted from an approved provider. These providers are chosen by insurance carriers and authorized providers can be found by calling 1-800-781-2362.
In the case of some injuries, employees may require more than a physical exam. They may need radiographic or other imaging, medication, or continued therapies. These things are usually covered under the umbrella of medical benefits. This, of course, is all true under the assumption that the claim is accepted by the Workers’ Compensation Board. If it is not, the injured employee may be forced to pay for their own medical care while they appeal the decision of the board.
There are only two categories of claimants who may be eligible for supplemental benefits.
The first eligible claimant is the one who was permanently or totally disabled as the result of an injury that occurred at work prior to January 1, 1979.
The second eligible claimant is a widow or widower who has been receiving death benefits. Their spouse must have died prior to January 1, 1979. Supplemental benefits are designed to make up for the rising costs we all incur in our daily lives.
Social Security Benefits
Social Security benefits are available to all Americans who fit certain criteria. If you have experienced an on-the-job injury, you may discover that you are seriously disabled for a period of not less than 12 months. You may have also been rendered permanently disabled as the result of your injury. In either of these situations, you may be entitled to Federal Disability Insurance Benefits.
What is worker’s compensation benefits if an employee dies on the job? If an employee passes away due to an injury that would have qualified for workers’ compensation had they survived, their spouse or minor children may be able to secure death benefits. The amount is calculated based on the deceased person’s wages from the year prior to their passing. The beneficiary will receive two-thirds of the decedent’s weekly wages.
When the person who died as the result of a workplace accident has no surviving spouse or minor children, other benefits may be paid. The Workers’ Compensation Board can explain these benefits in further detail to those who may qualify.
A New York Workers’ Compensation Attorney Is Essential
Many people believe that they are automatically entitled to benefits when they are injured at work or while performing their job duties. The truth of the matter is that while benefits should be fairly easy to secure, they often are not. It isn’t unusual for an injured worker to have their initial application for benefits denied.
Whether you have found yourself in this situation or need assistance in filing that initial claim, our law group is here for you. Call our office at 212-741-3800 to schedule an appointment for a free case evaluation or contact us online at your convenience. We will fight relentlessly on your behalf, working to ensure that you are treated with the fairness and dignity you deserve.