In New York, workers’ compensation provides wage replacement benefits and medical care for those who have been hurt on the job. It’s important to understand how long these benefits may be available to you, as timelines vary depending on the nature of your injury and your ability to return to work. Our workers’ compensation lawyers at Nappa, Monterosso & Poznansky have been helping injured workers throughout the greater NYC area for more than 30 years and fight to get all the benefits you’re entitled to receive. Here, we explain how long New York workers’ compensation benefits last.
Types of Workers’ Compensation Benefits in New York
The New York’s workers’ compensation system offers several types of benefits, including:
Medical Benefits
Injured workers or those with occupational diseases are entitled to treatment for their work-related conditions without any time limit. Medical benefits last as long as treatment is required. Coverage includes doctor visits, diagnostic testing, surgery, hospital stays, prescription medications, physical therapy, and other necessary treatments.
Wage Replacement Benefits
Wage replacement benefits provide a percentage of lost income due to a work injury. The length of time lost wage benefits last varies widely, as it depends on the nature and extent of your disability or occupational illness.
Temporary Total Disability (TTD) is for those who are temporarily unable to work due to a workplace injury. Typically, injured workers receive two-thirds of their average weekly wage, up to the amount of New York State’s maximum weekly benefit. TTD benefits continue until you are medically cleared to return to work or reach maximum medical improvement (MMI).
Temporary Partial Disability (TPD) benefits workers who can perform some tasks but earn less due to their work injury. TPD benefits last until they return to full earning capacity or reach MMI.
Permanent Total Disability (PTD) is for people who are permanently and completely unable to work. PTD wage replacement benefits may last a lifetime.
Permanent Partial Disability (PPD) is for workers with permanent impairments who have some capacity to work. The length of time someone receives PPD wage replacement benefits depends on the severity and type of injury. Generally, benefits can last from 225 to 525 weeks, depending on the severity of the impairment.
Scheduled Loss of Use (SLU) awards compensate workers for the permanent loss of hearing, sight, or use of areas of the body such as the legs, arms, hands, fingers, and toes. The duration of benefits is based on the body part that is permanently injured, the percentage of loss of function, and your average weekly wage. SLU awards and wage replacement benefits may also be dispersed in a lump sum payment. Our workers’ compensation lawyers can help you understand your options and advise you on the most beneficial course of action for maximizing your award.
Death Benefits:
If a workplace injury or illness results in death, surviving dependents of a deceased worker may receive wage replacement benefits and compensation for funeral expenses. Death benefits for dependents usually last as long as they meet the eligibility criteria for receiving them. For example, a surviving spouse’s death benefits may be terminated if they remarry.
Can a Workers’ Compensation Attorney Help Extend My Benefits?
If you’re concerned about how long your workers’ compensation benefits will last in New York, your attorney can help. There are several ways in which a workers’ compensation attorney can help extend your benefits, including:
Challenging early termination – If you believe your benefits are stopping too soon, a workers’ compensation lawyer can challenge the decision and provide medical evidence to prove you’re still eligible for benefits.
Maximizing your disability rating – The duration of workers’ compensation benefits in New York also depends on your disability rating. Your workplace injury lawyer can ensure your medical evaluation is fair and challenge your rating if necessary.
Negotiating settlements – In some cases, you may be offered a settlement instead of long-term benefits. Our seasoned workers’ compensation lawyers negotiate voraciously on your behalf and pursue the full amount of compensation you deserve.
Filing Appeals – If your claim is denied or benefits are reduced, a lawyer can represent you in hearings before the New York Workers’ Compensation Board.
Medical care – Your workers’ compensation attorney can help if you’re facing issues with getting the insurance company to cover necessary medical care.
If your workers’ compensation benefits are ending and you’re still unable to work, our experienced Social Security Disability lawyers can evaluate your case and determine whether you may qualify for SSDI benefits.
Our Staten Island Workers’ Compensation Attorneys are Here for You
Understanding workers’ compensation benefits and how long they last in New York can be confusing, especially when dealing with a permanent disability or lengthy recovery. Our experienced, compassionate team is well-versed in New York workers’ compensation law. We’re dedicated to helping you get the benefits you need.
Our attorneys have a record of success helping workers in many different job sectors, from construction site injuries to cases involving industrial accidents and occupational diseases. You can rely on our workers’ compensation lawyers to provide compassionate, tenacious legal support, whether you’re filing a claim or need assistance with an appeal. Attorney and Partner Rolando Cubela provides quality legal representation to our Spanish-speaking clients.
Contact Our Workers’ Compensation Lawyers in the Greater New York City Area
At Nappa, Monterosso & Poznansky, LLP, we care about our clients and their families. To find out more about how we can help with your workers’ compensation claim in New York, call 718-273-9000 or contact us to schedule a consultation today.
