This is the first of a two-part blog series that defines the worker’s compensation benefits for New York so you understand what is available for you. The first step you should take before navigating this complex system is to hire a workers compensation attorney to represent you to make sure you get the right advice during this process.
Cash benefits are meant for individuals who have been injured on the job. The amount of those benefits is based on that individual’s average weekly wage for the previous year. The individual receives 2/3 of that average weekly wage × his/her %age of disability to calculate the weekly cash benefit.
The individual does not receive cash benefits for the first seven days of the disability, unless the injury or disability causes that individual to miss more than fourteen days of work. In that case, the individual may receive cash benefits starting from his/her first work day off the job.
For example, an individual who earned $600 each week who becomes completely disabled (100%) because of a workplace accident is eligible to receive $400 per week. If the individual is only partially disabled, say 50% disabled, he/she would be eligible to receive $200 per week. There are caps on the amount you can receive because of a disability though. If you were injured between July 1, 2017 – June 30, 2018 the maximum amount you could receive each week is $870.61. If you were injured between July 1, 2018 – June 30, 2019, the maximum weekly benefit increases to $904.74.
If an individual is able to return to work, but the injury doesn’t allow you to do the same job earning the wages you did before the injury, he/she might be eligible to receive a benefit that makes up 2/3 of the difference.
New York’s workers compensation benefits provide any necessary medical care for any individual eligible for workers compensation who gets injured or ill on the job, no matter how long it takes the individual to recover from it.
The medical practitioner providing the care must be authorized by the Workers’ Compensation Board, except in emergency situations. To find authorized workers comp providers, call 1-800-781-2362 or by using the New York State Workers’ Compensation Board website’s Health Care Provider and IME search. Please note that there are some exceptions to this where insurance carriers or self-insured employers may direct where to receive tests and treatment and there are a lot of guidelines for these carriers and services all covered in depth on the Workers’ Compensation Benefits page on the New York State Workers’ Compensation Board site. Either way, you should consider hiring a workers’ compensation attorney to represent your interests and get the best medical care possible.
Next month, in Part 2 of What Are Workers’ Compensation Benefits in New York, we will cover Supplemental Benefits, Social Security Benefits and Death Benefits.
Need Help with Workers Compensation Benefits in Long Island, NY?
Contact Robert Golan, PC. He will review your case and provide information about your options. Give us a call at 516-586-3910 to discuss your case, or complete our simple, online contact form to receive a free case evaluation.Share This