This is the second of a two-part blog series that defines the worker’s compensation benefits for New York so you understand what is available for you. If you missed out on Part 1 of What Are Worker’s Compensation Benefits for New York check it out here.
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.
These are benefits that were established to take effect on January 1, 1979 to help “supplement” clients that were most effected by rising costs at that time. However, the combination of weekly benefits, death benefits and supplemental benefits cannot exceed $215 per week. Most individuals filing disability claims now are not eligible to receive these benefits.
There are two types of claimants eligible for supplemental benefits:
- Individuals who have been classified as permanently and totally disabled as the result of an on the job injury or disability before January 1, 1979
- Widows or widowers receiving death benefits as the result of the death of their spouse that occurred before January 1, 1979.
If you do qualify for these benefits, you must contact the insurer or administrator for your claim to let them know. If you believe that you have been denied these benefits in error, please contact the Workers’ Compensation Board’s Advocate for Injured Workers: Phone: (877) 632-4996; E-mail: firstname.lastname@example.org. The best approach in these rare instances is to let your workers comp lawyer handle this process.
Social Security Benefits
These monthly benefits may be available for any worker who becomes seriously disabled, either permanently or for a continuous period of not less than 12 months, if they are the result of a medically determinable physical or mental impairment. If this is the case for you, reach out to a social security law practice to help you navigate through this complex application process.
If the worker dies from an injury that would have been compensated for if he/she survived, the surviving spouse and/or minor children, and lacking such, other dependents as defined by law, are entitled to weekly cash benefits.
The amount of these benefits can be up to two-thirds of the deceased worker’s average weekly wage for the year prior to the accident. The weekly compensation may not exceed the weekly maximum, despite the number of dependents.
If there are no surviving children, a spouse, parents or other eligible family members grandparents for compensation, the surviving parents or the estate of the deceased worker may be entitled to a $50,000 payment. Funeral expenses for these situations may also be paid. The maximum amount provided for funeral expenses is $12,500 in Metropolitan New York counties, and $10,500 in all other counties.
This concludes our two-part series What Are Workers’ Compensation Benefits in New York.
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