Permanent disability benefits play a crucial role in New York’s workers’ compensation system. For injured workers who are unable to fully recover and return to their previous jobs, these benefits can provide essential financial support. Navigating the process of claiming permanent disability benefits can feel overwhelming. Knowing the basics about how the system works, who is eligible, and what steps to take can help make the experience more manageable.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
When a worker sustains a serious injury on the job, the path to recovery can vary. Some individuals may heal completely, while others may face lasting impairments. In cases where the injury or illness permanently limits a person’s ability to work, the concept of permanent disability benefits comes into play. These benefits ensure that workers who suffer long-term harm due to a workplace accident receive financial compensation for the impact the injury has on their ability to earn a living. At, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is Permanent Disability in New York Workers Comp?
In the context of workers’ compensation in New York, a permanent disability refers to a medical condition caused by a work-related injury or illness that results in long-term or lifelong limitations. This type of disability can affect various aspects of a person’s life, from their physical abilities to their capacity to perform their job. The degree of disability varies, and it can range from partial impairment, where the worker is still able to do some form of work, to total impairment, where they are unable to work at all.
Permanent disability benefits are designed to offer financial support to individuals who have reached what is known as “maximum medical improvement.” This term refers to the point at which a worker’s condition is not expected to improve further, even with additional medical treatment. At this stage, the worker’s doctor will evaluate the extent of the injury and determine whether it has caused a permanent impairment.
Types of Permanent Disability in New York Workers Comp
There are two main types of permanent disability benefits that workers in New York may be eligible to receive. The first is known as Permanent Partial Disability, which applies to workers who have sustained an injury that partially affects their ability to work but does not prevent them from working altogether. In these cases, the worker may still be able to perform certain job tasks but might need to work in a different capacity or a reduced role.
The second type is Permanent Total Disability, which applies to workers who are no longer able to engage in any form of employment due to their injury. This could occur if the injury is severe enough to prevent the person from performing any work-related activities. In such cases, permanent total disability benefits provide long-term financial support, as the worker is no longer capable of earning an income through employment.
How Are Permanent Disability Benefits Determined?
The amount of permanent disability benefits a worker may receive depends on several factors. One of the most important considerations is the worker’s degree of disability, which is usually determined by a medical professional. The medical assessment will evaluate the severity of the injury and how it affects the worker’s ability to perform their job. Based on this evaluation, the worker will be assigned a percentage that represents the level of their disability. This percentage is crucial in determining the amount of compensation they are entitled to receive.
In the case of permanent partial disability, the benefits a worker receives will generally be calculated based on the percentage of their disability. For example, if a worker is found to have a 50 percent disability, their benefits will be proportionate to that figure. On the other hand, workers who are deemed to have a permanent total disability will typically receive benefits at a higher rate, as they are unable to work in any capacity.
It’s important to understand that workers’ compensation benefits are generally based on the worker’s average weekly wage before the injury occurred. The higher the pre-injury wages, the higher the potential benefits. However, there are limits on the amount of compensation a worker can receive, which are set by New York state law. These limits are subject to change, and it’s important to stay informed about any updates to the workers’ compensation system that may affect benefit amounts.
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The Process of Claiming Permanent Disability Benefits
Applying for permanent disability benefits involves several steps. First and foremost, it is essential to report the injury to the employer as soon as possible. Failing to report the injury within the required time frame can result in the loss of benefits. Once the injury has been reported, the worker should seek medical attention to assess the severity of the condition and begin treatment.
After receiving medical care, the worker will need to file a workers’ compensation claim. This claim provides the necessary documentation to the workers’ compensation board, outlining the injury, the medical treatment received, and the anticipated long-term effects of the condition. The medical evaluation is crucial in this process, as it will determine whether the worker is eligible for permanent disability benefits and, if so, what type of benefits they may receive.
Once the claim is submitted, the workers’ compensation board will review the case and determine whether to approve or deny the claim. If the claim is approved, the worker will begin receiving benefits. However, if the claim is denied, the worker has the right to appeal the decision. This process can be complex, and it may involve gathering additional evidence, attending hearings, and seeking legal assistance to navigate the appeals process.
Common Challenges in Receiving Permanent Disability Benefits
Although permanent disability benefits are intended to support injured workers, the process of obtaining these benefits can be challenging. One common issue that workers face is disputes over the degree of disability. In some cases, the workers’ compensation board may disagree with the medical assessment provided by the worker’s doctor, leading to a reduction in the benefits offered or a denial of the claim altogether.
Another challenge is the potential for delays in receiving benefits. The workers’ compensation process can be lengthy, and injured workers may experience financial strain while waiting for their benefits to be approved. It’s important to follow up regularly with the workers’ compensation board and ensure that all necessary documentation is submitted on time to avoid unnecessary delays.
Additionally, some employers or insurance companies may contest the claim, arguing that the injury was not work-related or that the worker is capable of returning to work. These disputes can complicate the claims process, and workers may need to seek legal representation to protect their rights and secure the benefits they are entitled to.
How an Attorney Can Help With Permanent Disability Claims
While the workers’ compensation system is designed to provide benefits to injured workers, the process of claiming permanent disability benefits can be complicated. In some cases, having legal representation can make a significant difference in the outcome of a claim. An attorney can help injured workers gather the necessary medical evidence, negotiate with the workers’ compensation board, and represent their interests in disputes with employers or insurance companies.
An attorney can also provide guidance throughout the appeals process if a claim is denied. This may involve preparing for hearings, submitting additional documentation, and ensuring that the worker’s rights are upheld. By having legal support, workers can improve their chances of receiving the benefits they need to cover medical expenses and lost wages.
If you or a loved one has suffered a workplace injury and are facing challenges in claiming permanent disability benefits, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to help. Our experienced attorneys understand the complexities of New York’s workers’ compensation system and are dedicated to helping injured workers secure the benefits they deserve. Contact us today to schedule a consultation and take the first step toward protecting your rights and your future.