When someone is injured at work, they have two questions: Do I qualify for workers’ compensation? And, what benefits can I expect to receive?
At times, it seems the answers to each of those questions generate a half dozen more questions. That’s why, if you have suffered an injury on the job, it’s a smart decision to enlist the services of Erwin, McCane & Daly. The Albany, New York, firm’s three partners have many years of experience representing injured workers and disabled individuals in New York workers’ compensation and federal Social Security Disability Insurance (SSDI).
You Can Get Answers From An Albany Disability Benefits Attorney
Your employer or its workers’ compensation insurance policy is responsible for paying your medical bills and a portion of your lost wages. 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 are capable of performing 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.
Your average weekly wage is determined by looking back over the year prior to the date you became injured. The law provides a number of formulas to be used under particular circumstances. If you have not worked for the employer for at least one year at the time of your injury, the law specifies that the payroll of a similar worker should be used to determine average weekly wage.
Schedule A Free Initial Consultation To Discuss The Unique Aspects Of Your Case
You’ll find answers to many other questions about filing for and receiving workers’ compensation benefits on our frequently asked questions page. There is also a list of frequently asked SSDI questions.
The best idea, however, is to take advantage of our free initial consultation, which allows us to review the unique aspects of your case. Call 518-449-2245 or request a free consultation below.
Workers’ compensation and SSD/SSI cases are taken on a contingency fee basis. If we accept your case, there is no fee unless we recover benefits for you.