How Long Can I Collect Workers Compensation in New York?

Last updated on: February 18, 2021

In New York, our workers’ compensation system is designed to help an injured worker recover from a work-related injury or illness. The benefits include providing medical care, offsetting lost wages, and helping the worker get back to work. Although the system is meant to be simple, navigating it often requires the assistance of a workers compensation attorney to ensure that you are getting the benefit you deserve. 

An Overview of Benefits 

Workers’ compensation is meant to be a comprehensive set of benefits to allow a worker to get back on his or her feet and back to work. Benefits can be enacted quickly without the need to prove fault. At the same time, it also serves to protect the employer from litigation that may result from the injury or illness. 

These benefits include:

  • Medical benefits
  • Temporary disability benefits, both total and partial
  • Permanent total disability benefits
  • Permanent partial disability benefits
  • Vocational rehabilitation
  • Death benefits

Maximum weekly benefits for an injured worker is two-thirds of the New York State average weekly wage for the previous calendar year. From the period of July 1, 2020 through June 30, 2021, that amount is $966/78 based on the average weekly pay of $1,450.17 determined by the New York State Department of Labor for 2019. 

How Long Can You Collect Benefits?

The length of time that you are eligible to collect workers’ compensation benefits will vary depending on the degree of the injury, illness, or disability that is determined by a healthcare provider. 

When a worker has been determined to have suffered from a permanent total disability, there will be no limit in how long they will be able to collect benefits. For anything less than a permanent total disability, there will be a maximum number of weeks that a worker can receive benefits as set out by the 2018 impairment guidelines by the Workers’ Compensation Board. 

Before any determination is made regarding an injury or disability, there will be a medical  evaluation to determine if the worker has reached maximum medical improvement and has recovered as much as possible from the injury. An injured worker is required to see a doctor every six weeks to establish that there is still a disability. However, you or your doctor may disagree with the insurance doctor’s findings. This is when having an experienced workers’ compensation lawyer is essential. 

What Happens if You Don’t Agree with the Insurance Company’s Doctor?

Unfortunately, there are those times when your own doctor’s assessment of your disability is not in line with the insurance company’s doctor. In the past, you would be entitled to a hearing. Today, hearings are rarely held, but when there is a substantial difference in the opinion between your doctor and the insurance company’s doctor, it can be reviewed and decided by the Workers’ Compensation Board. 

Because negotiations often take place during workers’ compensation claim settlements, you should get the guidance of a skilled workers’ compensation lawyer. If you need help navigating workers’ compensation insurance benefits, get the advice of an experienced workers compensation lawyer in New York. Contact K L Sanchez Law Office, P.C. (646) 701-7990

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