None of us set off for work in the morning expecting to be injured in a way that will affect our ability to earn an income either temporarily or permanently. But accidents happen. Fortunately there is Workers Compensation (WC) to provide a safety net in these cases. While some claims are straightforward, many are complicated and if you’ve been injured, it is wise to consult with an attorney who handles Workers Comp on a regular basis and knows the ins and outs of the system.
If you’ve been injured but will be able to return to work, WC will help make up the wages you missed while you were incapacitated. Getting full benefits depends on making a claim stating the exact date of the incident, and giving evidence that shows the details of your injury. According to the Workers Compensation Board, as of June 30, 2024, in New York State you can receive up to $1171.46/week while you are recovering, depending on your regular wages.
Permanent injuries to an extremity such as a hand, arm, leg or foot, typically entitle the injured party to a settlement. The amount awarded will be calculated according to the injury. Injuries are assigned compensation based on a specified number of work weeks and called a “Schedule Loss of Use” award. The loss of an arm, for example, is rated to receive compensation equal to 312 weeks, while loss of the index finger will receive 46 weeks of compensation.
Extensive injuries such as traumatic brain injuries or back injuries are considered on an individual basis and could result in larger settlements, according to the WC web site. You may also be entitled to lifetime medical care for your injury, which will be guided by the WC Board’s Medical Treatment Guidelines. These Guidelines determine the type and frequency of care you will receive and can be very complex. Typically, it is best to hire a knowledgeable attorney to help you get the optimum benefits. The laws change often, and our team of WC attorneys work hard to keep up with changes and to get the best possible outcomes for our clients.
Employees who have qualified for Workers Compensation can also be eligible for Social Security Disability benefits or they may be in a position to file a lawsuit against a negligent third party. Your future is at stake — don’t try to go it alone.