A form of benefits similar to New York workers compensation benefits is short term disability benefits are designed to help compensate you when you are not able to work due to an illness or injury. In New York state, you can receive up to 26 weeks of benefits in a 52-week period. These benefits pay 50% of your average wages up to a maximum of $170 per week.
Eligibility for a Short-Term Disability Claim in New York
Short-term disability benefits will typically last between three and six months, and any employer in New York who has employed one or more employees for at least 30 days in any calendar year is considered to be a “covered employer.” This includes domestic or personal employees that serve in a private home for 40 or more hours per week.
So, in order to be eligible for short-term disability benefits, you must have become injured or ill while not at work and be currently employed, or recently employed, at the time of the injury or illness. Work related injuries are covered by workers compensation benefits in most cases. but must be employed, or recently employed, at the time of illness or injury. Pregnancy is also covered under short-term disability.
There are some categories of employees who are exempt from short-term benefits and these are similar–but not identical to–those exemptions from workers compensation benefits.
Filing a Claim for Short Term Disability
You must file a short-term disability benefits claim within 30 days of the injury or illness. Depending on the specific situation, you will need to fill out either a DB-300 (if you are unemployed and collecting unemployment for more than 4 weeks) or DB-450 form (if you are currently employed or have been collecting unemployment less than 4 weeks). You will also need to have your doctor complete a section of the form about your illness or injury.
Next Steps for Short Term Disability Claims
If the illness or injury is more severe than first understood, you need to assess whether you are eligible for long-term disability benefits and what sort of coverage you have for this through your employer or other insurance. If you have questions, you should not hesitate to contact a New York City disability attorney to get advice.
Need Help with a Short-Term Disability Benefits Claim?
Contact Robert Golan, PC of Golan & Masiakos, LLP. He will review the short-term disability claim 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