Do I Get Full Pay If Injured at Work?

Last updated on: May 14, 2024

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 Queens workers compensation attorney in New York.

K L Sanchez Law Office, P.C. understands the complexities of workers’ compensation laws and is committed to helping you secure the benefits you rightfully deserve, including compensation for lost wages. Whether negotiating with insurance companies or representing you in court, we are here to help you receive full compensation for your injuries. Contact us today at (646) 701-7990 to discuss your case and how we can assist you.

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.

Supplemental Benefits

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.

Medical Benefits

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.

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Cash Benefits

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.

What is the Employer’s Responsibility When a Worker is Injured?

When a worker sustains an injury at work, it becomes the employer’s responsibility to take specific actions to comply with workers’ compensation laws and provide support to the injured worker. These responsibilities are crucial for safeguarding both the rights of the worker and the interests of the employer.

It is required for employers to provide workers’ compensation insurance to protect workers who might experience work-related injuries or illnesses. Employers must also ensure transparency by posting a notice in the workplace that provides essential details about the workers’ compensation insurance, including the insurer’s contact details and the employer’s policy number.

Record-keeping is another important responsibility of employers, who are required to document any work-related injuries and maintain these records for a duration of 18 years. This is essential for creating a historical record of the incident, which can be referenced in the future in case of any issues or claims.

Employers are also required to promptly report work-related injuries to the Workers’ Compensation Board and inform their insurance provider within 10 days, especially if the injury necessitates medical treatment beyond first aid or causes a worker to miss at least one day of work, not counting the day of the injury. Reporting an injury does not automatically make it eligible for workers’ compensation. The injured worker must file a claim to seek benefits.

Furthermore, employers must report any changes in the injured employee’s wage or job status. They are required to provide information about the worker’s salary to calculate the Average Weekly Wage for compensation purposes. This step is crucial to ensure that injured workers receive appropriate benefits and support during their recovery period.

Understanding these responsibilities is also crucial on the side of the employee to help ensure that their rights are protected in case of a workplace accident. A skilled attorney can provide the necessary guidance and assistance to help protect and represent workers and their best interests.

Employer’s Responsibility When a Worker is Injured Description
Provide workers’ compensation insurance Employers must provide workers’ compensation insurance to protect workers who might experience work-related injuries or illnesses.
Ensure transparency Employers must post a notice in the workplace that provides essential details about the workers’ compensation insurance, including insurer’s contact details and policy number.
Record-keeping Document any work-related injuries and maintain these records for 18 years.
Promptly report injuries Report work-related injuries to the Workers’ Compensation Board and inform the insurance provider within 10 days.
Report changes in wage or job status Report any changes in the injured employee’s wage or job status to ensure appropriate benefits.

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.

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.

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