New York Workers Compensation Benefits

New York Workers’ compensation benefits are a system designed to help workers who are injured on the job or have become ill because of their work environment. Employers must carry Workers’ Compensation insurance to cover the cost of benefits that will need to be paid to injured workers. Insurance companies pay these Workers’ Compensation benefits to the workers. Still, they will often either deny your claim or make you an offer lower than what you are entitled to settle quickly and avoid a trial. Having legal representation can help you get the maximum benefits you are entitled to. Contacting the professionals at Polsky, Shouldice & Rosen, P.C. can provide the experience and guidance needed to help manage your case. 

NY Workers Compensation Lawyer

New York Workers Compensation Benefits Include

Workers’ Compensation is a critical aspect of employment in New York State, providing essential support to workers injured on the job. As experts in this field, Polsky, Shouldice & Rosen, P.C., we’re committed to ensuring that employees understand their rights and the benefits available to them under NY Workers Compensation.

Medical Care and Treatment

First and foremost, NY Workers Compensation Benefits cover all necessary medical care related to the work injury or illness. This includes doctor visits, hospital stays, medications, and medical equipment. The goal is to ensure that the injured worker receives the necessary treatment without the burden of medical costs.

Wage Replacement Benefits

When a worker is unable to work due to a job-related injury or illness, they are entitled to wage replacement benefits. These benefits are a percentage of the worker’s average weekly wage and are crucial in helping the injured worker maintain financial stability during their recovery period.

Disability Benefits

In cases where an injury or illness results in a temporary or permanent disability, workers are eligible for disability benefits. These benefits vary depending on the severity and duration of the disability and are designed to compensate for the worker’s reduced earning capacity.

Death Benefits

In the unfortunate event of a worker’s death due to a work-related injury or illness, NY Workers Compensation provides death benefits to the worker’s dependents. These benefits include a portion of the worker’s wages and may cover funeral expenses, providing crucial support to the family during a difficult time.

Vocational Rehabilitation

If a worker cannot return to their previous job due to their injury, they may be eligible for vocational rehabilitation services. These services include job training, education, and job placement assistance, helping the worker to find new employment that accommodates their abilities.

NY Workers Compensation Infographic

New York Workers Compensation Benefits InfographicNavigating the Claims Process

Filing a claim for workers’ compensation benefits can be complex and overwhelming. As experienced attorneys at Polsky, Shouldice & Rosen, P.C., we guide our clients through every step of the process. From gathering necessary documentation to representing them in hearings, our goal is to ensure that they receive the full benefits they are entitled to.

Our firm specializes in NY Workers Compensation cases, and we have a deep understanding of the intricacies of the system. We are committed to advocating for our clients’ rights and ensuring they receive the maximum benefits possible. With our expertise, injured workers can focus on their recovery, knowing their case is in capable hands.

If you or someone you know has been injured on the job, don’t navigate the complex world of NY Workers Compensation alone. We at Polsky, Shouldice & Rosen, P.C., are here to help. Our team of dedicated attorneys will work tirelessly to secure the benefits you deserve. Contact us today for a consultation and take the first step towards securing your rights and benefits.

Types of Workers Compensation Benefits Can Be Claimed

Workers’ compensation is a vital aspect of employment, offering protection and support to employees who suffer work-related injuries or illnesses. In the context of New York, the Workers Compensation Benefits provide a range of aids to ensure the well-being of workers. At Polsky, Shouldice & Rosen, P.C., we specialize in navigating the complexities of these benefits to safeguard the rights of our clients.

Medical Benefits

One of the primary types of New York Workers Compensation Benefits is medical benefits. These cover all necessary medical care related to the work injury or illness. This includes hospital visits, medication, surgeries, and any required rehabilitation. We at Polsky, Shouldice & Rosen, P.C., ensure our clients receive the full range of medical benefits they are entitled to, without facing undue financial burden.

Disability Benefits

Disability benefits are another critical component. These are categorized into four types: temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability. These benefits are calculated based on the worker’s average weekly wage and the severity of the disability. Our team diligently works to ensure that our clients are appropriately compensated for their loss of income due to work-related disability.

Death Benefits

In unfortunate cases where a worker succumbs to a work-related injury or illness, their dependents are entitled to death benefits under New York Workers Compensation Benefits. This includes a portion of the worker’s wages and funeral expenses up to a certain limit. At Polsky, Shouldice & Rosen, P.C., we provide compassionate and comprehensive support to families navigating this challenging time.

Rehabilitation Benefits

Rehabilitation benefits are essential for workers who need help to return to their previous job or to train for a new position. This includes both physical therapy for recovery and vocational training if necessary. We advocate for our clients to receive these benefits to ensure a smooth transition back into the workforce or into new employment opportunities.

Supplemental Benefits

Supplemental benefits are available in certain cases, especially for workers who were injured before January 1, 1979, or for widows/widowers receiving death benefits for deaths occurring before January 1, 1979. Our expertise at Polsky, Shouldice & Rosen, P.C. includes advising clients on eligibility and assisting in obtaining these additional benefits.

Workers Compensation Infographic

Types Of Workers Compensation Benefits Can Be Claimed InfographicHow Your Benefits Are Determined

The State of New York, like most other states, supports workers’ compensation insurance. This type of insurance is purchased by an employer and protects employees who are injured on the job. It pays for medical expenses and lost wages. These kinds of expenses can be a tremendous burden on injured workers. New York requires businesses to carry workers’ comp, and it’s important to understand how it works.

NY workers compensation benefits are complex, and determining what you will get can be difficult. There are several factors that go into the decision of whether or not you qualify and how much you get. These include:

  • The medical report from your doctor’s examination
  • The length of your recovery time
  • The kind of injury you suffered
  • When and if you can return to work
  • Whether you need to see a specialist for additional treatment
  • If your injury is permanent
  • How the injury impacts your lifestyle.
  • Whether you will require vocational training
  • Whether you correctly completed and filed the necessary paperwork
  • The quality of your legal representation

At Polsky, Shouldice & Rosen, P.C., we understand the complexities of New York Workers Compensation Benefits. We use our expertise to guide our clients through every step of the claims process. From filing the initial claim to representing them in any disputes or hearings, our dedicated team is committed to ensuring that our clients receive the full benefits they deserve.

New York Workers Compensation Benefits encompass a range of supports designed to aid workers injured or made ill due to their job. These benefits are crucial for the financial stability and health recovery of affected workers. If you or a loved one are navigating the workers’ compensation system, remember that you are not alone. We, at Polsky, Shouldice & Rosen, P.C., are here to provide professional and compassionate assistance. Contact us today to ensure that your rights are fully protected and you receive the benefits you rightfully deserve.

An Employee’s Guide to Workers Compensation

When facing an accident that happened at work, there may be several hardships to contend with and, having an understanding of New York workers’ compensation benefits will be imperative. Having a lawyer from Polsky, Shouldice & Rosen, P.C. is essential as they can help you understand the benefits available to you while also protecting your best interests. Our firm has been protecting workers since 1991, making us the top option when searching for an area lawyer. We can listen to your needs and help develop a strategy for managing your workers’ compensation case. 

What You Need to Know About Workers Compensation

When an employee has been injured while at work, they may have the ability to access workers’ compensation benefits. Workers’ compensation is a form of insurance required in most states across the country. However, it’s essential to know how the services are accessed varies based on where you live. While in some cases workers’ compensation benefits are required through an employer, in other areas, these benefits are available through the state. Workers’ compensation provides several benefits, including:

  • Recovery for a portion of lost wages
  • A no-fault system (in most situations)
  • Coverage for medical expenses
  • Job protection
  • Job Retraining
  • +More

Workers’ compensation benefits are mutually beneficial in New York because they allow employees to access services. In exchange, employers are protected from the possibility of costly lawsuits as a result of the accident. Know that when an employee accepts workers’ compensation, they waive their right to legal action. While in many situations the benefits will provide access to medical treatment and more, it may be a good idea to consult with a lawyer before moving forward. Know that when substantial injuries have resulted, the impact may be significant, and a person’s ability to retain employment or live the life they once had may be challenging. Don’t move forward without speaking with our firm first. 

New York Workers Compensation Benefits Statistics

In New York, workers’ compensation benefits play a pivotal role in supporting employees injured on the job. According to recent statistics, the New York Workers’ Compensation Board reported that in 2022, over 140,000 claims were filed, reflecting the extensive reliance of the state’s workforce on these benefits. This figure underscores the critical need for comprehensive workers’ compensation coverage and highlights the frequency of workplace injuries in diverse industries across the state. The statistics also emphasize the importance of legal expertise in navigating workers’ compensation claims, as a significant percentage of these claims encounter complexities during processing, including disputes over the extent of injuries and eligibility for benefits.

FAQs About Workers Compensation Benefits

What are the eligibility criteria for Workers’ Compensation Benefits in New York?

To be eligible for Workers’ Compensation Benefits in New York, an individual must be an employee who suffered an illness or injury directly related to their job. This includes both physical and psychological injuries. Independent contractors, in most cases, are not covered under these benefits. It’s crucial for the injury or illness to be reported to the employer within 30 days of occurrence. Additionally, the claim must be filed with the New York Workers’ Compensation Board within two years of the injury or the realization of a work-related illness.

How is the compensation amount determined for injured workers in New York?

The compensation amount for injured workers in New York is calculated based on the severity of the injury and the worker’s average weekly wage prior to the injury. Generally, the benefit is two-thirds of the worker’s average weekly wage multiplied by their disability percentage. For instance, if a worker with a $600 weekly wage suffers an injury resulting in a 50% disability, they would typically receive $200 per week (two-thirds of $600, then halved). The maximum compensation rate is subject to annual adjustments based on the State Average Weekly Wage.

Can I see my own doctor for a work-related injury in New York?

Yes, in New York, you are generally allowed to see your own doctor for a work-related injury, provided the doctor is authorized by the New York Workers’ Compensation Board to treat injured workers. It’s essential to verify the doctor’s authorization status, as treatments and diagnoses from unauthorized physicians may not be recognized for workers’ compensation claims. In emergency situations, immediate medical attention should be sought without concern for the doctor’s authorization status.

What happens if I am unable to return to my previous job due to my injury?

If you’re unable to return to your previous job due to a work-related injury, you may be eligible for vocational rehabilitation services under New York Workers’ Compensation. These services include job training, re-education, and assistance in finding new employment that accommodates your injury-related limitations. Additionally, if you return to work in a lower-paying role due to your injury, you might be eligible for reduced earnings benefits, compensating for a portion of your wage loss.

Are mental health conditions covered under New York Workers’ Compensation?

Mental health conditions can be covered under New York Workers’ Compensation if they are a direct result of a work-related incident or the nature of the employment. This includes conditions like post-traumatic stress disorder (PTSD) or depression stemming from a traumatic work experience or a cumulative stress-related workplace environment. As with physical injuries, it’s essential to provide medical evidence linking the mental health condition to the workplace for a successful claim.

Contact Us Today

Workers’ compensation benefits in New York provide vital support for employees who have suffered injuries or illnesses due to their job. These benefits cover a range of needs, from medical expenses and wage replacement to disability benefits and vocational rehabilitation, ensuring that workers are not left financially vulnerable due to work-related health issues. The eligibility criteria are clear: employees must report their injury or illness within specific timeframes, and independent contractors are usually not covered. The compensation amount is calculated based on the worker’s average weekly wage and the degree of disability, emphasizing fairness and proportionality in the benefits provided.

Navigating the complexities of workers’ compensation claims can be challenging, especially when facing issues like claim denials or the need for specialized medical treatment. In such situations, the expertise and guidance of experienced law firms like Polsky, Shouldice & Rosen, P.C. become invaluable. They play a crucial role in guiding clients through the intricate processes, from filing claims to appealing denials, ensuring that the rights and entitlements of injured workers are upheld. With their specialized knowledge and commitment to their clients, Polsky, Shouldice & Rosen, P.C. stand as a beacon of support, helping New York’s workforce navigate the often turbulent waters of workers’ compensation claims.

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“The Polsky,Shouldice and Rosen firm is professional, and knowledgeable.The attorneys all are very thorough. The detail oriented staff,can answer any situation that might evolve. The office staff answers emails, and helps in every possible way. They have patience,and listened to my frustrating issues. I have the greatest confidence in their expertise! I never review,but this is a well deserved review! A Bravo to Annie, the Star of their offices,empathy and kindness,for the client”
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Have an experienced attorney on your side. You will work with an attorney all the way through your claims process, and our clients say this made a huge difference to them. Take a look at our Workers’ Compensation claim process to see how we work for you.

Call us today and find out what you are really entitled to. We are The WORKERS Attorneys.

 

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Disclaimer: For informational purposes only. This is not a substitute for legal advice. If you need legal advice please contact us.

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Brooklyn Office:

Contact Our Brooklyn
Workers Compensation Lawyers

300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201
(718) 875-0909