Workers’ Comp Benefits in New York: What You Need to Know
In the state of New York, the vast majority of employers are required to purchase workers’ comp insurance. Unless you happen to fall under one of the exempted categories to which the workers’ compensation law does not apply, you may be entitled to benefits if you get hurt on the job. Depending on the circumstances, your loved ones may also be able to recover benefits from your employer’s insurer or from the federal government following a work accident.
Such benefits might include:
- Medical care;
- Supplemental benefits;
- Social Security benefits; and
- Death benefits.
Of course, just because these benefits are available does not mean they are easy to secure. It is not uncommon for employers to be uncooperative or for insurance providers to deny or at least undervalue claims. For this reason, it is wise to seek legal counsel if you intend to pursue workers’ comp benefits.
At LoTempio P.C. Law Group, we are proud to help the injured and their families fight for the compensation they deserve. A workers’ comp attorney on our team can assess your claim, answer your questions, and help you determine the best way to proceed. Call 716-855-3761 to speak with one of our personal injury lawyers in New York.
Let’s take a closer look at workers’ comp benefits in New York:
1. Medical Care
Workers’ comp covers necessary medical care for an injury or illness a person suffers on the job. For this coverage to apply, you must visit a provider who has been authorized by the Workers’ Compensation Board, unless you require emergency care.
Injured workers may be entitled to cash benefits if they are at least partially disabled for more than seven days. Factors that determine the amount of these payments include the claimant’s average weekly earnings and his or her percentage of disability; however, the weekly benefits cannot exceed the maximum limit. Those who are hurt between July 1, 2018 and June 30, 2019 cannot receive more than $904.74 in weekly benefits, regardless of their average wages prior to the accident.
3. Supplemental Benefits
Claimants who have been classified as totally disabled as the result of a work accident that occurred prior to January 1, 1979 are eligible for supplemental benefits. Widows or widowers who are receiving death benefits following a work accident that resulted in the loss of their spouse prior to January 1, 1979 are also entitled to supplemental benefits and can obtain them by submitting an application to the Board.
4. Social Security Benefits
Employees who are seriously disabled for at least 12 months as the result of a work accident may be entitled to monthly Social Security benefits. These are federal benefits separate from those provided by an employer’s insurer, but they can be awarded alongside workers’ compensation.
5. Death Benefits
If an employee dies as the direct result of a work injury or illness, his or her surviving spouse and/or children may be entitled to death benefits in the form of weekly cash payments. Such benefits are determined by the deceased’s average weekly wage over the 12 months prior to the accident but cannot exceed the maximum limit, regardless of the number of dependents.
Call 716-855-3761 to Speak with a Workers’ Comp Lawyer in New York
If you were hurt while performing your job duties, turn to LoTempio P.C. Law Group. Our seasoned lawyers have more than 200 years of combined experience protecting the rights of the injured. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a New York personal injury attorney.