When do temporary disability benefits start under New York workers’ compensation?

Generally, workers’ compensation does not pay lost-wage benefits for the first seven days you are unable to work. If your disability lasts more than 14 days, you may be entitled to benefits going back to the first day you missed work. If you are out for eight to 14 days, benefits generally begin with the eighth day.

An injured worker researches on his laptop what compensation he can receive after a work injury in New York.

What Compensation Can I Receive After a Work Injury in New York?

Q: What medical benefits does New York workers’ compensation cover?

New York workers’ compensation covers all necessary medical treatment for a work-related injury or illness. This can include care to diagnose your injury, treat your symptoms, and help you recover, including treatment from an authorized doctor such as appointments, tests, procedures, and other services related to your workplace injury. If your condition requires ongoing treatment, workers’ comp may continue to cover appropriate medical care. You could also be entitled to reimbursement for certain travel expenses when you need to travel to and from medical appointments for your workplace injury.

Q: What are permanent total disability benefits under New York workers’ compensation?

When your condition has reached maximum medical improvement (MMI), your medical condition can be evaluated to determine whether you have a permanent disability. If you are found to have a permanent total disability, you may receive ongoing workers’ compensation payments. These benefits are generally calculated at two-thirds of your average weekly wage and may continue for as long as the qualifying disability remains.

The compensation you can receive after a work injury in New York generally includes medical care and partial wage replacement for your work-related injury. Additional workers’ compensation benefits can also be available when an injury leaves you with a permanent disability.

Depending on your circumstances, you may receive payments for time you cannot work, reduced earnings if you return at a lower wage, and benefits for a permanent loss of function or earning capacity.

An experienced Long Island workers’ compensation lawyer from Edelman, Krasin & Jaye can help you seek the compensation you need after being injured at work. We can also help you determine if you qualify to pursue damages outside of workers’ compensation.

Medical Benefits

If you are injured while doing your job, you should not have to choose between getting medical care and worrying about how you will pay for it. New York workers’ compensation covers all necessary medical treatment for a work-related injury or illness. This can include the care you need to diagnose your injury, treat your symptoms, and help you recover.

Workers’ compensation may cover treatment from an authorized doctor, including appointments, tests, procedures, and other services related to your workplace injury. The type of care you need will depend on the nature and severity of your injury. If your condition requires ongoing treatment, workers’ comp may continue to cover appropriate medical care.

You could also be entitled to reimbursement for certain travel expenses when you need to travel to and from medical appointments for your workplace injury. Keeping records of your mileage and other eligible expenses can help support your request for reimbursement. Our attorneys at Edelman, Krasin & Jaye can help with this process.

For a free legal consultation, call (800) 469-7429

Temporary Disability Benefits

A serious work injury can leave you unable to work for days, weeks, or longer. At the same time, your regular bills do not stop. New York workers’ compensation may provide temporary benefits to help replace part of the income you lose while you recover.

Generally, workers’ compensation does not pay lost-wage benefits for the first seven days you are unable to work. If your disability lasts more than 14 days, however, you may be entitled to benefits going back to the first day you missed work. If you are out for eight to 14 days, benefits generally begin with the eighth day.

The amount you receive depends on your average weekly wage and how much your injury limits your ability to work. New York generally calculates temporary disability benefits using two-thirds of your average weekly wage, adjusted according to your degree of disability.

Your average weekly wage is generally based on your gross earnings during the 52 weeks before your injury, including qualifying overtime and other compensation. Edelman, Krasin & Jaye will help calculate your benefits.

Partial Temporary Disability

You may still qualify for workers’ compensation benefits even if you can return to work in some capacity. For example, your doctor may clear you for light-duty work, but you may be unable to perform your regular job or earn what you did before the injury.

When your injury causes you to earn less, workers’ compensation may provide benefits equal to up to two-thirds of the difference between your pre-injury average weekly wage and your current earnings, subject to applicable limits. Edelman, Krasin & Jaye can explain your rights.

Total Temporary Disability

If your injury prevents you from working at all while you recover, your benefit is generally two-thirds of your average weekly wage, subject to a legal maximum.

Permanent Total Disability Benefits

Some work injuries leave a person with permanent limitations that prevent them from returning to any type of employment.

When your condition has reached maximum medical improvement (MMI), meaning your health is not expected to improve substantially with additional treatment, your medical condition can be evaluated to determine whether you have a permanent disability.

If you are found to have a permanent total disability, you may receive ongoing workers’ compensation payments. These benefits are generally calculated at two-thirds of your average weekly wage and may continue for as long as the qualifying disability remains.

Permanent total disability usually involves an injury or condition that makes it impossible for you to work. In some circumstances, however, New York law allows a worker with certain severe disabilities to earn a limited amount of income while continuing to receive disability benefits. Examples can include the loss of both eyes, both arms, or both legs.

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An Experienced New York Work Injury Lawyer Can Help You Pursue Compensation

A work injury can leave you dealing with pain, missed work, medical treatment, and uncertainty about what comes next. You should not have to figure out the workers’ compensation process alone. An experienced New York work injury lawyer can ensure you understand what compensation you can receive after a work injury in New York and help you pursue benefits.

At Edelman, Krasin & Jaye, we believe injured workers deserve clear answers and responsive legal support. Our attorneys are accessible and available to answer your questions throughout your case. We have been empowering our clients with information since 2000. Call today to learn more about how we can help.

Call or text (800) 469-7429 or complete a Free Case Evaluation form