New York workers' compensation provides vital benefits for employees who suffer from workplace injuries or occupational diseases. Injured workers are entitled to wage replacement benefits, medical care, and other benefits that help support them while they’re recovering. Our workers’ compensation attorneys at Nappa, Monterosso & Poznansky, LLP, have been helping injured workers throughout the greater New York City area for more than 30 years. We help you understand wage replacement benefits and guide you through the claims process every step of the way.
What Are Wage Replacement Benefits?
Workers' compensation wage replacement benefits provide a portion of lost wages to employees who are unable to work due to work injuries or occupational diseases. These benefits help workers cover basic living expenses and can ease their financial burden so they can focus on their recovery. Generally, wage replacement benefits are nontaxable at both the state and federal levels.
Eligibility for Wage Replacement Benefits
To qualify for wage replacement benefits in New York, workers must:
- Have been an employee of the business at the time of the workplace injury or occupational disease (not an independent contractor)
- Have sustained the work injury or illness while performing job-related duties
- Report their injury or condition to their employer within 30 days of the accident or knowledge of an occupational disease
- Seek medical care and provide documentation that an injury or illness is work-related
Timelines for reporting and filing claims for conditions such as occupational hearing loss or asbestos-related diseases can vary. Our workers’ compensation lawyers can evaluate your case and advise you on the most effective way to pursue your workers’ compensation claim.
How Much Compensation Can I Receive?
In New York, injured workers are entitled to two-thirds of their average weekly wage (AWW) for the 52-week period immediately prior to the injury. This amount is also adjusted according to the degree of disability and state maximums. The cap on weekly wage replacement benefits in New York is adjusted annually.
Calculating your wage replacement benefits can be confusing. Our workers’ compensation lawyers are well-versed in handling these claims and ensure that you get the maximum benefit you’re entitled to receive.
Types of Wage Replacement Benefits in New York
New York categorizes wage replacement benefits based on the severity and duration of the disability.
- Temporary total disability (TDD) is provided when someone is temporarily unable to work due to a disability caused by a workplace injury. TDD wage replacement benefits continue until they can resume their duties or reach maximum medical improvement (MMI).
- Temporary partial disability (TPD) applies in cases where an employee can return to work in a limited capacity, such as light duty or fewer hours. TPD benefits are designed to compensate for the reduced wages.
- Permanent total disability (PTD) offers long-term benefits to those who suffer permanent injuries that keep them from working. Severe injuries such as loss of limbs or spinal cord damage are usually involved in these cases.
- Permanent partial disability (PPD) is for workers who suffer from permanent impairments that do not entirely prevent them from working.
- Death Benefits are provided to dependents of employees who have died because of a work-related injury or illness. Death benefits are designed to ease the financial burden families often face after losing a loved one.
How Long Do Wage Replacement Benefits Last in New York?
The duration of wage replacement benefits depends on the type and severity of the disability. They can last up to 525 weeks or may continue for life if you’ve suffered permanent total disability.
If you have a disability that’s expected to last at least one year or result in death, you may be entitled to Social Security Disability benefits (SSDI) as well. However, applying for workers’ compensation and SSDI at the same time can be tricky. A Social Security Disability attorney can determine how your wage replacement benefits may impact SSDI and advise you of your options.
Filing a Workers’ Compensation Claim in New York
Certain steps must be followed when filing a workers’ compensation claim in New York, including:
- Report your injury to your employer within 30 days of the incident. Notifying them in writing ensures that your injury is documented.
- Seek medical attention and obtain an evaluation from a provider authorized by the New York State Workers’ Compensation Board.
- To file a claim, submit Form C-3 (Employee Claim) to the Workers' Compensation Board within two years of your injury
Your employer is responsible for notifying their insurance carrier and submitting Form C-2F (Employer’s Report of Work-Related Injury/Illness) to the New York Workers’ Compensation Board. Our workers’ compensation attorneys can assist you with any delays you encounter throughout the process.
How Our NYC Workers’ Compensation Lawyers Can Help
Although the workers’ compensation system is supposed to protect injured workers, navigating the claims process can be daunting. Challenges like delayed payments, underpayment, disputes over the severity of your injury, and claim denials can leave you in a precarious financial situation.
Our workers' compensation attorneys can help you pursue the full amount of benefits you’re entitled to receive and give you the best chance of a successful claim. We help you file your claim, gather and present medical evidence, assist with workers’ compensation appeals if your claim is denied, and represent you in any hearings. If an insurer offers a settlement, your lawyer can review it and negotiate on your behalf to ensure that it’s fair.
As native Staten Islanders, we care about the people in our communities. Our workers’ compensation lawyers put their knowledge and experience to work for you and handle all aspects of your case so you can focus on your recovery. Attorney and Partner Rolando Cubela proudly serves our Spanish-speaking clients throughout the greater NYC area.
Contact Our Workers’ Compensation Lawyers in the Greater New York City Area
At Nappa, Monterosso & Poznansky, LLP, we understand that being injured on the job can turn your life upside down. We’re here to help you understand your rights and provide the compassionate legal support you deserve. To learn more about wage replacement benefits in New York, call 718-273-9000 or contact us to schedule a consultation with a workers’ compensation attorney today.
