If you are an employee who has suffered an off-the-job injury or illness,
you may be wondering if there is any way that you can receive compensation
while you are recovering.
In New York, when a wage earner has been disabled due to an off-the-job
injury or illness, they may be entitled to disability benefits to replace
a portion of the wages lost due to their injuries or illness, even though
it was not job-related.
Qualifying unemployed workers can also receive disability benefits to replace
the unemployment insurance benefits lost due to the injury or illness.
Do employers pay the benefits?
Employers provide benefits under a disability benefits plan, or by a plan
negotiated and accepted by the Chair of the Workers' Compensation
Board under the disability benefits law.
Employers are allowed to collect contributions from their employees to
offset the cost of providing disability benefits, however, they are not required.
An employer may pay the entire cost of the plan, or in other plans the
employee may be required to contribute 60 cents per a week. If an employee
is required to contribute, then their employer must pay the rest of the
Disability Benefits Are Cash Benefits Only
Disability benefits only include cash benefits, they do not cover medical
expenses. In the case of an off-the-job injury or illness, the claimant
is responsible for their medical costs. Medical care is not paid for by
the employer or the insurance carrier.
Who is entitled to disability benefits?
- Employees who have worked for a minimum of four consecutive weeks.
- Employees whose employer has elected to provide benefits and has filed
an Application for Voluntary Coverage.
- Employees who have switched jobs from one covered employer to another.
- A domestic or personal employee who works at least 40 hours a week for
the same employer.
Who is NOT entitled to benefits?
- Minor children of an employer.
- Farm, railroad and government workers.
- Religious workers such as ministers, priests and rabbis.
Qualified employees who have an injury or illness that is not job-related
are entitled to cash benefits that are 50% of their average weekly wage,
but not more than the maximum benefit allowed. The maximum benefit allowed
for a disability is $170 a week.
You have just 30 days from the date that you became disabled to file the
claim. Additionally, you must be under the care of a doctor, chiropractor,
podiatrist, psychologist, or certified nurse midwife to qualify for disability benefits.
To learn more about disability and
workers' compensation benefits, contact a
New York City workers' compensation lawyer from Katz, Leidman, Freund & Hermantoday!