When you have sustained a work-related injury or illness, one of the most concerning things for most people is the uncertainty of your employment and income. Most people cannot afford to be out of work after an injury, particularly if they are not receiving any benefits while they are gone. Fortunately, this is one of the purposes of workers compensation benefits. But what you collect in workers compensation will be dependent on several things. Because of these, you may need the advice of a workers compensation lawyer in New York.
What Will Workers Compensation Pay For After a Work-Related Injury?
Workers compensation has three categories of benefits: medical, cash, and supplemental. How much they will pay for a work-related injury will depend on multiple variables, including the amount of your pre-injury salary, the level of your disability, how long you will be out of work, and the extent of your medical costs.
Workers compensation supplemental benefits are only available for those individuals who are classified as permanently and 100% disabled and began collecting benefits prior to 1979.
After a workplace injury, workers compensation will pay for the costs of medical treatments, surgeries, doctor visits, medications, physical therapy, and other medical expenses. These are paid immediately and will continue throughout the term of your injury or disability. There is no maximum when it comes to medical benefit payouts from workers compensation.
Workers compensation cash benefits are meant to offset your inability to earn wages during this time. If your condition lasts for more than seven days, your cash benefits will be calculated based on a percentage of your pre-injury wages.
Your doctor will determine a percentage by which you are disabled. If your physician says that you are 100% temporarily disabled, meaning that you are unable to work at all temporarily, your benefits will be equal to two-thirds your average weekly wages. If the doctor determines that you aren’t able to return to your former job but can perform some level of work, partial temporary benefits are available by taking two-thirds of the difference between your regular wages and the new light-duty wages.
If your employer has not assigned you another position to accommodate your disability, workers compensation may decide to assign an earning capacity that would be reasonable given the circumstances to calculate benefits.
There is a cap for these benefits depending on the date of the injuries. For those injuries that happened between July 1, 2020 and June 30, 2021, these weekly benefits are capped at $966.78 per week.
Permanent Disability Benefits
Permanent disability benefits are also available under workers compensation laws in New York. These will vary depending on which part of the body has been affected, the level of disability, and how the awards are set up. Workers compensation also offers benefits for things such as disfigurement, vocational rehabilitation, and death benefits.
Limitations to Workers’ Comp Benefits
Usually, workers’ compensation will not pay all of your losses. It may seem unfair but this is part and parcel of workers’ comp. This means that you can receive benefits fairly quickly without having to prove the employer was negligent. While you aren’t permitted to sue an employer for the full value or injuries, you can still receive benefits.
Suing outside the workers’ comp system in respect of a workplace injury is possible, but only in limited cases. Talk to a worker’s comp lawyer if your case is likely to be eligible for one of the above exceptions. An experienced attorney in this area will explain the law to your case and help you get the compensation that you deserve.
Appealing a New York Workers’ Comp Denial
You may be able to appeal a decision made by your employer or the workers’ compensation carrier of your employer to the Workers’ Comp Board if you disagree with it.
A workers’ comp law judge will then review the evidence and take testimony. The judge will make an appeal decision. If your workers’ compensation insurance company denies you a claim, you can appeal to have the decision reversed. For more information on the appeals process, see our article entitled Appealing a New York Workers Compensation Denied
You should consult an attorney if you’re considering appealing of any kind. You want to protect your workers’ comp rights. This is a complicated legal process.
Getting Legal Assistance
Workers compensation criteria can be complicated and some individuals find that they are not getting the benefits they feel they deserve from their workers compensation claim. If you have been injured in a work-related injury, we can help ensure that you get the benefits you lawfully deserve. Contact the workers compensation lawyers at KL Sanchez Law Office to discuss your claim.