New York Workers’ Compensation

In New York State, workers’ comp is handled by the New York State Workers’ Compensation Board.  Though the agency is headquartered in Albany, their are offices throughout the state, including Binghamton, Buffalo, Rochester, Syracuse, Peekskill, and two locations on Long Island, and multiple locations throughout the city.  There is a location in Brooklyn, Queens, and Manhattan.

Note that New York state requires employers to provide coverage for disability benefits for injuries and illnesses that happen outside of work.  The calculation for these disability benefits is, of course, lower than standard workers’ comp benefits.

Estimate the Value of a NY Workers’ Comp Claim

Cash benefits are paid in order to make up for the time lost working.  No benefits are paid for days 1-7 of the injury, unless the injury causes you to miss 14 days or more.  The formula for NY workers’ comp benefits is relatively simple: 2/3 of your average weekly wage times the % of your injury.  Percent of injury is determined by medical professionals.  The maximum benefit allowed in NY is 2/3 of the NYSAWW.  (New York State Average Weekly Wage)

Medical benefits directly related to the work injury are paid for by the employer/insurer unless disputed.  The Board must approve the physician or health care professional, except in the event of an emergency.

Permanent partial disability benefits are available under New York workers’ compensation when the injured workers’ ability to earn income permanently decreases as a result of work injury.  Without reduced earnings after the disability, only medical benefits are available with PPD.  There is a schedule of loss which means an injured worker gets a set amount of compensation for a specific injury.  This injury involves vision or hearing loss or injury to specific body parts.

Death benefits are available to a surviving spouse or surviving minor children.  The amount shall be 2/3 of the AWW of the deceased worker.  In a death situation, AWW is calculated by measuring the entire year prior to the date of death.  If no children or spouse exists, certain other relatives are entitled to compensation up to $50,000.  Certain funeral expense are also covered.

How Much Will I Get for My NY Workers’ Comp Claim?

A good workers’ compensation lawyer in New York should be able to give a rough estimate of the value of a workers’ compensation claim in New York.  The lawyer, with the knowledge that comes from experience, has an awareness of the value of a NY comp claim without having to try the case.

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