How Long Do NY Workers Compensation Benefits Last in New York?
Workers’ compensation is a system that provides benefits to employees who suffer job-related injuries or illnesses. In New York State, workers’ comp is mandatory for most employers, and it covers medical expenses and wage replacement for employees who are unable to work due to their injuries. The system is designed to provide a safety net for workers who are injured on the job, but it can be complex and confusing to navigate.
How Long Does Workers’ Comp Last in New York?
Workers’ compensation benefits in New York are designed to help injured workers pay for medical expenses and cover lost wages while they are unable to work. The benefits are paid by the employer’s insurance company and are based on the severity of the injury and the length of time the worker is unable to work. In addition to medical expenses and wage replacement, workers’ comp benefits can also include vocational rehabilitation, which helps injured workers find new jobs or retrain for new careers.
The length of time that workers’ comp benefits last in New York depends on several factors, including the severity of the injury and whether the injury is temporary or permanent. For temporary injuries, workers’ comp benefits can last for up to two-and-a-half years or until the worker is able to return to work. For permanent injuries, workers’ comp benefits can last for the rest of the worker’s life.
Temporary vs. Permanent New York Workers Compensation Disability Benefits
Temporary disability benefits are designed to provide wage replacement for injured workers who are unable to work for a limited period of time. These benefits are paid at a rate of two-thirds of the worker’s average weekly wage, up to a maximum amount set by the state. Permanent disability benefits, on the other hand, are designed to provide ongoing wage replacement for workers who are unable to return to work due to a permanent injury. These benefits are also paid at a rate of two-thirds of the worker’s average weekly wage, up to a maximum amount set by the state.
What Are the Maximum Benefits for Workers’ Comp in New York?
In New York, the maximum weekly benefit for workers’ comp is set by the state and is adjusted annually. As of 2021, the maximum benefit is $966.78 per week. However, the actual amount of benefits that a worker receives will depend on their average weekly wage and the severity of their injury.
Can Workers’ Compensation Benefits Be Extended in New York State?
In some cases, injured workers may be able to extend their workers’ comp benefits in New York. For example, if a worker’s injury is not fully healed when their benefits run out, they may be able to apply for an extension. Workers can also apply for a hearing if they disagree with their employer’s insurance company about the length of their benefits. It’s important to note that workers must file for an extension before their benefits run out, or they may lose their right to further benefits.
Common Mistakes to Avoid When Filing for Workers’ Comp
Filing for workers’ compensation benefits in New York State can be a complex process, and there are several common mistakes that injured workers should avoid. One of the most important things an injured worker should do is to report the injury to the employer as soon as possible. Workers should also seek medical treatment immediately and keep detailed records of their medical expenses and time missed from work. It’s also important to avoid giving a recorded statement to the insurance company without first consulting with an attorney.
What Happens When Workers’ Comp Benefits End?
When workers’ comp benefits end, injured workers may be eligible for other types of benefits, such as Social Security disability or long-term disability benefits. Workers may also be able to apply for unemployment benefits if they are unable to find work due to their injury. If a worker’s injury is permanent, they may be eligible for a lump-sum settlement from their employer’s insurance company.
Experienced New York Workers’ Compensation Attorneys in Syracuse NY
Navigating the workers’ compensation system in New York can be a complex and confusing process for an injured worker. However, understanding how long benefits last and the different types of benefits available can help injured workers make informed decisions about their future. By avoiding common mistakes and working with an experienced Syracuse workers’ compensation attorney, injured workers can ensure that they receive the benefits they are entitled to under the law.
If you or a loved one has been injured on the job, contact the experienced New York Workers’ Compensation Attorneys at the McMahon Kublick Law Firm in Syracuse today to learn more about your rights and options.