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What Types of Compensation Can an Injured Worker Receive in New York?

If you’re hurt at work or become ill as a result of your job, workers’ compensation may pay for your medical bills and a portion of wage loss. It’s important to know exactly what type of benefits you’re entitled to receive. Our workers’ compensation lawyers at Nappa, Monterosso & Poznansky, LLP, help injured workers in the greater NYC area understand how the claims process works and ensure they receive the full and fair compensation to which they are entitled.

Medical Benefits

As an injured worker in New York, you are entitled to reasonable and necessary medical treatment for work-related injuries or illnesses covered by workers’ compensation. Unless you require emergency medical care, healthcare providers must be approved by the Workers’ Compensation Board.

If your employer participates in a Preferred Provider Organization (PPO) program, you must seek treatment from a participating PPO healthcare provider.

Covered health care expenses may include:

  • Medical treatment
  • Surgery
  • Medically necessary drugs
  • Dental care
  • Optometry
  • Diagnostic testing
  • Assistive devices
  • Other medical care specific to your situation

You also may receive compensation for transportation to and from doctor visits. Although getting medical care for an on-the-job injury may seem straightforward, insurers often try to cover as little as possible. Surgery, hospital stays, and long-term treatment for occupational diseases can be costly. Having an experienced workers’ compensation lawyer handle your case can help to ensure you get the health care services you need.

Wage Loss Benefits

If your injury or illness keeps you from working for more than seven days or your pay is reduced because of working fewer hours or a change of job duties, workers’ compensation benefits should cover a portion of lost wages. Typically, an injured worker can receive a weekly cash benefit equal to two-thirds of their average weekly wage. The weekly cash benefit cannot exceed the maximum benefit allowed by law. The maximum weekly benefit is adjusted on July 1 each year.

If the insurer denies your claim, speak to a workers’ compensation lawyer as soon as you can. The New York Workers’ Compensation Board process for resolving disputes can be challenging to navigate. An experienced workers’ compensation attorney in New York can ensure that required paperwork is filed in a timely fashion, collect supporting evidence, and assist you with hearings and further appeals, if necessary.

Permanent Disability Benefits

If you’re permanently disabled because of a work-related illness or injury, you may receive disability benefits. There is no limit on the number of weeks you can receive total disability benefits. If you’ve suffered partial disability due to an on-the-job injury, your cash benefits are based on the severity and type of disability. The severity of the disability is determined when the patient reaches Maximum Medical Improvement (MMI), usually within two years after the date of the injury.

Insurance companies often try to devalue disability claims. A skilled workers’ compensation lawyer will be familiar with their tactics and fight to help you recover the full amount of compensation you deserve.

Survivor Benefits

If a worker dies from an illness or injury sustained on the job, their surviving spouse or dependents may be entitled to receive survivor benefits. Cash benefits are two-thirds of the deceased worker’s average weekly wage for the 52 weeks prior to the injury and must not exceed the maximum weekly benefit allowed by law. If there are no dependents, the deceased worker’s parents or estate could be entitled to receive a payment of $50,000. Funeral or memorial expenses for work-related deaths also are covered.

Third-Party Workplace Injury Claims

If you receive workers’ compensation benefits in New York, you are prohibited from suing your employer. However, another negligent party who contributed to workplace injuries may be liable for damages.

For example, if you sustain a construction site injury that was caused by a subcontractor who is not your employer, you may file for workers’ compensation benefits through your employer and bring a personal injury claim against the subcontractor. Before you consider doing this, it’s crucial to talk to a workers’ compensation attorney and personal injury lawyer, as these claims can impact one another.

Regardless of whether you’re filing a workplace injury claim or need help with an appeal, hiring an experienced workers’ compensation lawyer can help you maximize the amount of compensation you receive.

Contact a Workers’ Compensation Attorney in NYC

At Nappa, Monterosso & Poznansky, LLP, we care about our clients and are proud to serve injured workers on Staten Island and throughout the greater NYC area. Attorney Rolando Cubela is happy to assist our Spanish-speaking clients. If you’ve suffered a workplace injury or occupational illness, call us at 718-273-9000 or contact us to schedule a consultation

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