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How Long Does Workers’ Comp Last in NY?

by | Feb 29, 2024 | Workers' Compensation

Workers’ compensation is a crucial benefit for employees injured on the job in New York. But how long does this compensation last? Understanding the duration of workers’ comp benefits is essential for workers to plan their finances and recovery accordingly. At Katz, Leidman, Freund & Herman, we’re dedicated to navigating our clients through the workers’ compensation process and fighting for the maximum compensation that they deserve for their injuries.

Why You Should Seek Workers’ Compensation

If you’ve been injured on the job or are suffering from a work-related illness, it’s important to seek workers’ compensation benefits. These benefits can help cover medical expenses, lost wages, and rehabilitation costs while you recover from your injuries. Workers’ compensation is designed to provide financial support for injured employees and ensure that they can focus on their recovery without worrying about the financial burden of their injury.

Not only does workers’ compensation benefit you, but also the entire workplace. It ensures that workplaces are being held to a certain safety standard and that employees are protected if they are injured on the job. By seeking workers’ compensation, you’re not only taking care of yourself but also helping to maintain a safe working environment for all employees.

How Long Does Workers’ Comp Last in NY?

In New York, workers’ compensation benefits provide financial support to employees who suffer work-related injuries or illnesses. However, the duration of these benefits can vary depending on several factors. Here’s what you need to know about how long workers’ comp lasts in New York:

Duration of Temporary Disability Benefits:

  1. Temporary Total Disability (TTD):
    • Temporary total disability benefits are typically available to injured workers who are unable to work at all while recovering from their injuries.
    • In New York, TTD benefits can reach up to 2/3 of the worker’s average weekly wage, subject to statutory maximums and minimums.
    • These benefits continue until the worker reaches maximum medical improvement (MMI) or is deemed fit to return to work by a medical professional.
  2. Temporary Partial Disability (TPD):
    • Temporary partial disability benefits are provided to workers who can return to work but at a reduced capacity or with limitations.
    • TPD benefits are calculated based on the difference between the worker’s pre-injury earnings and their current earning capacity.
    • Similar to TTD benefits, TPD benefits cease once the worker reaches MMI or is able to return to full-duty work.

Duration of Permanent Disability Benefits:

  1. Permanent Partial Disability (PPD):
    • Permanent partial disability benefits are awarded to workers who sustain permanent impairments but can still perform some work tasks.
    • The duration of PPD benefits depends on the severity of the impairment and its impact on the worker’s earning capacity.
    • Payments may be made in a lump sum or in installments over a specified period.
  2. Permanent Total Disability (PTD):
    • Permanent total disability benefits are available to workers who are permanently and totally disabled, rendering them unable to engage in any gainful employment.
    • PTD benefits may continue for the duration of the worker’s lifetime, provided they remain disabled and meet the eligibility criteria outlined by New York workers’ compensation laws.

Other Considerations:

  • Statute of Limitations:
    • In New York, injured workers generally have two years from the date of the injury to file a workers’ compensation claim.
    • Failure to file within the statute of limitations may result in the forfeiture of benefits.
  • Medical Treatment:
    • Workers’ comp benefits may also cover reasonable and necessary medical treatment related to the workplace injury or illness, regardless of the duration of disability benefits.

Understanding the duration of workers’ comp benefits in New York is essential for injured workers to navigate the claims process effectively and ensure they receive the full extent of benefits to which they are entitled. Consulting with an experienced workers’ compensation attorney can provide invaluable guidance and advocacy throughout the claims process.

Non-Schedule Benefits

New York State’s Workers’ Compensation Board set forth guidelines for determining the duration of non-schedule benefits, which are benefits provided for permanent disabilities for injuries to the:

  • Spine
  • Pelvis
  • Lungs
  • Heart
  • Brain

These benefits are payable for a maximum number of weeks, which is as follows:

  • 525 weeks for loss of wage earning capacity of greater than 95%
  • 500 weeks for loss of wage earning capacity of greater than 90% through 95%
  • 475 weeks for loss of wage earning capacity of greater than 85% through 90%
  • 450 weeks for loss of wage earning capacity of greater than 80% through 85%
  • 425 weeks for loss of wage earning capacity of greater than 75% through 80%
  • 400 weeks for loss of wage earning capacity of greater than 70% through 75%
  • 375 weeks for loss of wage earning capacity of greater than 60% through 70%
  • 350 weeks for loss of wage earning capacity of greater than 50% through 60%
  • 300 weeks for loss of wage earning capacity of greater than 40% through 50%
  • 275 weeks for loss of wage earning capacity of greater than 30% through 40%
  • 250 weeks for loss of wage earning capacity of greater than 15% through 30%
  • 225 weeks for loss of wage earning capacity of 15% or less

If you have been injured on the job and are dealing with your workers’ compensation claim, contact our experienced attorneys at Katz, Leidman, Freund & Herman. We can help you navigate the process and ensure you receive the benefits you are entitled to under New York workers’ compensation laws. Don’t hesitate to reach out for a consultation today.

How a Workers’ Compensation Lawyer Can Help

How Long Does Workers' Comp Last in NY?

Navigating the workers’ compensation process in New York can be complex and daunting, especially when you’re dealing with the physical and emotional toll of a work-related injury or illness. Seeking the assistance of a knowledgeable workers’ compensation attorney can significantly alleviate the burden and ensure you receive the benefits you deserve. Here’s how an attorney can help you through each step of the workers’ compensation process:

1. Initial Consultation and Case Evaluation:

  • Comprehensive Assessment: A seasoned workers’ compensation attorney will conduct a thorough evaluation of your case during an initial consultation. They will review the circumstances of your injury or illness, assess the extent of your damages, and discuss your legal rights and options. At our firm, we offer free consultations for your convenience.
  • Legal Advice: Your attorney will provide personalized legal advice tailored to your specific situation. They will explain the workers’ compensation laws in New York, outline the benefits available to you, and address any concerns or questions you may have about the claims process.

2. Assistance with Filing the Claim:

  • Complete Documentation: Your attorney will assist you in completing and filing the necessary paperwork to initiate your workers’ compensation claim. They will ensure that all required forms are accurately filled out and submitted within the statutory deadlines.
  • Gathering Evidence: An experienced attorney will help gather supporting evidence to strengthen your claim, including medical records, witness statements, and documentation of your injury-related expenses.

3. Advocacy During the Claims Process:

  • Negotiation with Insurers: Your attorney will act as your advocate in negotiations with the workers’ compensation insurance company. They will work to ensure that you receive fair and timely compensation for your medical treatment, lost wages, vocational rehabilitation, and other benefits to which you are entitled.
  • Appeals Process: If your claim is denied or disputed by the insurance carrier, your attorney will guide you through the appeals process. They will represent your interests at hearings before the Workers’ Compensation Board and present compelling evidence to support your case.

4. Legal Representation in Disputes:

  • Litigation Support: In the event of disputes or contested claims, your attorney will provide skilled representation in workers’ compensation hearings and proceedings. They will present persuasive arguments on your behalf and advocate for the best possible outcome.
  • Protecting Your Rights: Your attorney will ensure that your rights are protected throughout the entire workers’ compensation process. They will safeguard you from unfair treatment by employers or insurance companies and fight to secure the benefits you deserve under the law.

5. Guidance Beyond Settlement:

  • Long-Term Support: Even after your workers’ compensation claim is resolved, your attorney will continue to provide guidance and support. They can help address any post-settlement issues or concerns that may arise and assist you in pursuing additional benefits if necessary.

Partnering with a skilled workers’ compensation attorney from Katz, Leidman, Freund & Herman can make a significant difference in the outcome of your case. With our expertise and dedicated advocacy, you can navigate the complexities of the workers’ compensation system with confidence and focus on your recovery without added stress or uncertainty.

Contact Us for a Free Consultation

If you have been injured on the job and are in need of legal representation for your workers’ compensation claim, don’t hesitate to reach out to Katz, Leidman, Freund & Herman for a free consultation. Our experienced attorneys are ready to listen to your story, evaluate your case, and provide guidance on the next steps to take.