What You Need to Know About Workers' Comp Benefits in NY

Posted By Katz, Leidman, Freund & Herman || 18-Oct-2018

If you’re planning on filing a workers’ compensation claim, surely, you’ll have questions about the cash benefits. When are they paid? How much are they? How long do they last? These are all common questions asked by injured or ill workers. In this blog, we address cash benefits and address workers’ questions. Read on to learn more and if you have further questions, we encourage you to contact our firm directly.

When are cash benefits paid?
The injured or ill worker cannot receive cash benefits for the first seven days of their disability unless it lasts more than fourteen days. If that is the case, the worker will receive cash benefits from the first day they missed work.

How long is medical care paid for?
The good news is there is no time limit on medical care. A worker shall receive all necessary medical care no matter how long they are disabled for. Even if the worker is only injured for a short while, their medical care will still be taken care of.

Who receives cash benefits?
Those workers who are partially or totally disabled and incapable of working for more than seven days are entitled to cash benefits.

How much benefits can a worker expect?
The amount of cash benefits a worker receives depends on his or her average weekly wage in the previous year, but it cannot exceed the weekly maximum benefit for the year. For example, if the accident occurred between July 1, 2018 and June 30, 2019, the weekly maximum for total or partial disability is $907.74.

What percentage is cash benefits?
Cash benefits are 2/3 of the worker’s average weekly wage times the percentage of disability. For example, if a worker was earning $400 a week and they are 100% disabled, he or she would receive $266.67 each week. If the same worker was 50% disabled, he or she would receive $133.34 each week.

What if I return to work but my injury prevents me from earning my previous wages?
In this situation, you may qualify for a benefit that makes up two-thirds of the difference.

Related: Returning to Work After an Injury

To file a workers’ compensation claim on Long Island, contact our firm today.