When someone is injured at work, there are two questions that immediately arise following their accident: Do I qualify for workers’ compensation? What benefits can I expect to receive?
As part of a typical workers’ compensation claim you are entitled to four different kinds of benefits:
- Weekly compensation
- Permanent impairment benefits
- Payment of medical bills
- Death benefits
Medical Treatment
You’re entitled to receive payment for medical bills, medications, and even transportation to and from doctors’ appointments. However, if the insurer believes that your treatment has gone on too long, or that the treatment is too unconventional, the insurer may refuse to pay for the treatment on the grounds that it is no longer necessary or reasonable.
Death Benefits
If you were to pass away as a result of your work-related injury, your spouse, children, or other dependents may receive death benefits in the form of weekly cash payments. Workers’ Compensation in New York will also pay for reasonable funeral expenses, up to a maximum that depends on the county.
How Are Benefits Determined?
The amount you receive in compensation benefits is limited to two-thirds of your average weekly wage up to the maximum amount set by law. This amount is payable if you are totally disabled from any and all work. If you can perform some type of work, even if it is not the type of work that you were doing when you became injured, you will be considered partially disabled and will be entitled to an amount less than two-thirds of your average weekly wage. If you return to work at a job that pays less than your regular job because your on-the-job injury prevents you from returning to your regular job, the amount that you receive is determined by comparing the amount that you earned before you got injured to the amount you earn after your return to work. In such a situation, you are entitled to receive two-thirds of the loss of earnings.
How Long Can Benefits Be Received?
In 2007, the state of New York became a capped state. Before 2007, many workers who were permanently disabled were eligible to receive benefits for the length of their injuries, which was ultimately forever. Now there are caps on the amount of time injured workers can receive benefits, based on the body part that is permanently disabled. This is called a Scheduled Loss of Use award. Get the Care You Deserve: Contact EMD Today!
Contact us today to schedule a free consultation. You deserve a trusted team of advisors on your side. Let us help you get the most out of your workers’ compensation benefits.
