If you’ve been injured on the job, you may be feeling overwhelmed by the situation. The uncertainty about your recovery, your ability to return to work, and the financial impact of your injury can cause a lot of stress. You might also have questions about how long you can receive workers compensation benefits in New York. It’s perfectly normal to feel confused during this challenging time, and if you’re looking for guidance, you are in the right place. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. we understand the anxiety and uncertainty that can come with a workers comp claim, and we are here to provide the clarity you need.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Understanding Workers Compensation Benefits in New York
Workers compensation is designed to provide financial support if you are hurt at work and unable to earn your regular income. This system helps cover medical expenses and lost wages while you recover. However, the duration of your benefits is not the same for everyone. How long you can receive benefits depends on several factors, including the nature of your injury, your recovery, and the type of benefits you are receiving.
There are different types of workers comp benefits available in New York. These include wage replacement benefits, which help replace part of your income while you are unable to work, and medical benefits, which cover the cost of necessary treatment. The duration of your benefits is tied to how long your condition keeps you from returning to work.
Temporary Disability Benefits in New York
If your injury leaves you unable to work for a temporary period, you may be eligible to receive temporary disability benefits. In New York, these benefits can last up to 14 weeks if your injury is relatively minor or if your recovery is expected to be short. However, in cases of more serious injuries, these benefits may last longer.
For most injuries, temporary disability benefits cover approximately two-thirds of your average weekly wage, up to a maximum set by the state. The maximum benefit amount changes annually, so it is important to understand the current rates when calculating how much you can receive.
Permanent Partial Disability Benefits in New York
If your injury leads to a permanent condition that prevents you from returning to your previous job or limits your ability to work in the same capacity, you may be entitled to permanent partial disability benefits. These benefits are designed to compensate for long-term or permanent impairments.
Permanent partial disability benefits are typically paid on a schedule, depending on the severity of the impairment. The number of weeks you can receive these benefits will depend on how much your injury affects your ability to work. In New York, permanent partial disability benefits can be received for up to 525 weeks. However, the exact duration and the amount you are entitled to receive will depend on your individual case.
Permanent Total Disability Benefits in New York
If your injury is so severe that you are permanently unable to work, you may be eligible for permanent total disability benefits. This is the most long-term form of workers comp benefits available in New York.
The duration of permanent total disability benefits can last for the rest of your life, as long as your condition prevents you from working. These benefits are typically paid at a higher rate than other types of workers comp benefits, often two-thirds of your average weekly wage. However, it is important to note that if your condition improves, you may no longer qualify for permanent total disability benefits, and your payments could stop.
Workers Comp Claim Timeline
What if My Claim is Denied?
Related Videos
Death Benefits in New York
In cases where an employee dies as a result of a work-related injury or illness, the family of the deceased may be eligible to receive death benefits. These benefits are intended to help support the surviving family members who relied on the deceased worker’s income. Death benefits can be paid for a period of up to 10 years or until the family members no longer meet the eligibility criteria.
What Happens After Your Benefits End?
Once your workers comp benefits have been exhausted, it may be possible to seek other forms of compensation if your injury or condition still limits your ability to work. For example, if you are unable to return to your previous job or any other form of gainful employment, you may be eligible for Social Security Disability Insurance (SSDI) or other forms of state assistance.
It is important to be aware that workers comp benefits are not meant to last forever. The goal of the system is to support you during your recovery, but it is up to you to work with your medical providers and legal team to explore other options if you continue to face challenges in your ability to earn a living.
The Role of a Workers Comp Lawyer in Your Case
Navigating the workers comp system can be difficult, especially when you are focused on recovering from your injury. A workers comp lawyer can help you understand your rights and the benefits you are entitled to. Whether you are facing a short-term injury or dealing with a long-term condition, an experienced attorney can guide you through the process and ensure that you receive the maximum benefits possible.
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we have a deep understanding of the workers comp system in New York and have successfully represented clients who have faced both temporary and permanent disabilities. We can help ensure that your case is handled properly, from filing the initial claim to appealing a denied benefit. You don’t have to navigate this process alone.
The Impact of Your Worker’s Compensation Claim
Your workers comp claim is more than just about getting the benefits you deserve. It’s about protecting your future and securing the financial support you need during a challenging time. We understand how important it is for you to have the peace of mind that your medical bills and lost wages are being taken care of while you recover. When your benefits are running out or you need help getting the most out of your claim, we can provide the support you need to make informed decisions.
Whether you are just starting the workers comp process or you are facing the end of your benefits, it’s essential to have a skilled attorney by your side. If you’re unsure of what your next steps should be, or if your claim has been denied or delayed, we can help you understand your options and pursue the best possible outcome.
If you are in need of legal assistance for your workers compensation claim, don’t hesitate to reach out to us. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are committed to helping injured workers in New York get the benefits they deserve. Let us guide you through the workers comp process, ensuring that you receive the full extent of your benefits and the support you need to recover. Contact us today to learn how we can help with your case.