If you’ve been injured on the job in New York, workers’ compensation provides medical care and wage replacement benefits while you’re recovering. Depending on the nature of your workplace injury, you may be eligible for temporary or permanent disability. At Nappa, Monterosso & Poznansky, our workers’ compensation lawyers help injured workers in the greater NYC area understand short-term vs. long-term disability benefits and what to expect when navigating the claims process.
What Is the Definition of a Disability in New York?
Under New York State Workers’ Compensation Law, a disability is the loss or impairment of physical or mental function due to a work-related injury or occupational disease. Total disability means you cannot work at all, while partial disability means that you can work in a limited capacity. These disabilities are further classified as temporary or permanent, depending on how long your medical condition is expected to last.
What Is Short-Term Disability in a Workers’ Compensation Claim?
A temporary or short-term disability means your injury is serious enough to require time off and medical treatment, but your doctor expects that you’ll eventually recover and return to work. Temporary disabilities are common and are usually the first classification applied after a workplace injury. A few examples of injuries that may be considered a short-term disability include:
- Minor back injuries from repetitive tasks
- A sprained ankle from a fall
- A mild concussion from a construction site accident
Types of Short-Term Disability
Temporary Total Disability (TTD) – You are unable to work in any capacity for a limited amount of time.
Temporary Partial Disability (TPD) – You can perform some job-related tasks in a limited capacity or work part-time.
How Are Short-Term Disability Benefits Calculated?
If you are temporarily disabled, workers’ compensation in New York provides wage replacement benefits calculated at 2/3 of your average weekly wage, up to the state maximum. This amount is adjusted based on your level of disability as determined by a medical provider. For example, if you are found to be 25% disabled, you would receive two-thirds of your average weekly wage multiplied by 25%.
How Long Do Temporary Disability Benefits Last?
Short-term disability benefits continue until your doctor clears you to return to work or you reach Maximum Medical Improvement (MMI). If your treating physician or an independent medical examiner (IME) determines that your condition has stabilized and is unlikely to improve significantly with additional treatment, you have reached MMI. At this point, your condition will usually be reevaluated to determine whether it qualifies as a permanent disability.
What Is Long-Term Disability?
A permanent disability means that your workplace injury or occupational disease has caused a long-term physical or mental impairment. Your ability to earn a living has been permanently affected, and you may never fully recover from your condition. Some examples of long-term disabilities include:
- Traumatic brain injury (TBI)
- Serious spinal injuries or paralysis
- Amputation or loss of limb function
- Occupational diseases such as asbestos-related conditions
Long-term disability involves serious, life-changing conditions that prevent you from resuming your normal employment or limit the type of work you can do.
Types of Permanent Disability
There are four types of long-term disability in New York:
Permanent Total Disability (PTD) – You’re unable to work in any kind of job for the rest of your life.
Permanent Partial Disability (PPD) – You’ve lost some of your ability to work, but can still earn a living in a reduced capacity.
Schedule Loss of Use (SLU) – Permanent loss of or use of a body part such as an arm, hand, leg, or eye. New York Workers’ Compensation law provides a fixed number of weeks of compensation in SLU cases.
Non-Schedule Permanent Partial Disability – If your disability doesn’t fall under the SLU schedule, benefits are calculated differently. These kinds of injuries include back injuries, lung damage, and other conditions that are expected to last long-term.
How Are Long-Term Disability Benefits Determined?
After reaching MMI, your doctor or an IME will assign a permanency rating. This rating reflects the degree of your lasting impairment. The Workers’ Compensation Board (WCB) uses this rating to calculate how much compensation you’re entitled to receive.
For scheduled losses, benefits are received for a specific number of weeks, depending on the body part and percentage of loss. For example, the total loss of an arm may qualify for 312 weeks of benefits. If you lost 50% of the use of your arm, you would receive benefits for 156 weeks.
For non-scheduled permanent partial disabilities like spine or brain injuries, your benefits are based on your loss of wage-earning capacity. For example, if your loss of wage-earning capacity of greater than 95%, you can receive benefits for up to 525 weeks, or about 10 years.
Can I Receive a Workers’ Compensation Settlement for Permanent Disability?
Yes. If your injury results in a permanent disability, your employer’s insurer may offer you a settlement. This is typically a lump-sum payment that closes your workers’ compensation case. Although a settlement may sound appealing, it’s important to consult a workers’ compensation lawyer who can evaluate your case and help you weigh the pros and cons.
If your condition worsens or your injury is catastrophic, a workers’ compensation settlement may not be enough to cover your ongoing medical care or future wage loss. Our workers’ compensation attorneys can review any settlement offer you receive, negotiate with insurers on your behalf.
Why You Need a Workers’ Compensation Lawyer
Unfortunately, workers’ compensation claims aren’t always easily resolved and filing an appeal may be necessary. Disagreements about benefit calculations, permanency ratings, or your ability to return to work are common. Having an experienced workers’ compensation lawyer in your corner ensures your rights and interests are protected.
The classification of your disability as long or short-term can have a significant impact on your health and financial stability. Insurance companies are not on your side and often try to minimize impairment ratings or assert that you’re well enough to return to work. Our Staten Island workers’ compensation lawyers can:
- Ensure medical evaluations are fair and accurate
- Help you file an appeal and represent you at hearings before the WCB
- Fight for maximum compensation for your workplace injury or occupational illness
- Help you negotiate a fair settlement if applicable
If you’re encountering roadblocks to obtaining workers’ compensation benefits, don’t let the insurance company or your employer pressure you into accepting less that you deserve. Our attorneys can help you understand your rights and the differences between short term vs. long term disability. We guide you through the process from start to finish and fight to protect your health and financial future.
As native Staten Islanders, we’re familiar with local courts and the NYWCB. Our team is dedicated to helping our neighbors in the greater New York City area get the full amount of workers’ compensation benefits they’re entitled to receive. Attorney and Partner Rolando Cubela is proud to offer quality legal representation to our Spanish-speaking clients.
Contact a Workers’ Compensation Attorney in the Greater New York City Area
At Nappa, Monterosso & Poznansky, LLP, we believe in empowering our clients with the knowledge they need to get the benefits they deserve. To learn more, call 718-273-9000 or contact us schedule a free consultation with a workers’ compensation lawyer in Staten Island.
