Menu
Call
Contact
Blog
Paul Giannetti Attorney At Law

Injuries, Accidents, Worker's Compensation Free Consultations (866) 868-2960

  • About
  • Personal Injury
    • Car Accidents
      • Rear End Collisions
      • Statistics
    • Construction Accidents
      • Defective Equipment
      • Electrical Accidents
      • Forklift Accidents
      • Scaffolding & Ladder Accidents
      • Struck by Object
      • Third Party Accidents
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Premise Liability
    • Traumatic Brain Injury
    • Truck Accidents
    • Wrongful Death
  • Workers’ Comp
    • Benefits
    • Workers Comp Forms
    • Comp & Injury Statistics
    • Workers Comp FAQ
    • Requirements
    • Statute of Limitations
    • Union Members
    • What it Covers
    • Schenectady Workers’ Comp
    • Troy Workers Comp
  • Social Security Disability
    • Appeals Process
    • Apply for SSD
    • Claim Denied
    • Disability Benefits
    • Check Your Status
    • SSD Forms
    • SSD Eligibility
    • Statistics
  • Blog
  • Resources
    • Job Openings
  • Contact
You are here: Home / Workers’ Compensation Laws in New York / Workers Compensation Benefits in New York

Workers Compensation Benefits in New York

workers compensation benefitsYou’ve probably heard that if you are injured on the job, workers’ compensation pays for your medical care. But did you know there are several other types of workers compensation benefits for which you may qualify?

In most workers’ compensation cases, no individual party is held responsible. Even if you contributed to your injury or illness through carelessness — excluding intentionally injuring yourself or being under the influence of drugs or alcohol — the benefits you receive through workers’ compensation remain the same. On the other hand, the amount you receive through workers’ compensation insurance doesn’t increase if your employer is at fault.

If the insurer and your employer agree, or if the court sides with you in the event of a disputed claim, you may be eligible for the following workers compensation benefits.

Types of Workers Compensation Benefits

Medical Care

For workers who are hurt or become ill and are eligible for workers’ compensation, medical treatment “directly related” to the illness or injury — along with recovery from any resulting disability — is covered, the New York State Workers’ Compensation Board notes. If you receive care under workers’ compensation, your health care provider must be authorized by the board other than in emergency circumstances.

If your case is not in dispute, your employer or the employer’s workers’ compensation insurance carrier pay for your medical coverage. In this case, the health care provider will not collect payment from you. However, you may be asked to sign form A-9, indicating that you take responsibility for paying for your treatment if your workers’ compensation claim is rejected or if you decide not to pursue your claim.

In some cases, you also may be eligible for reimbursement for mileage to get to and from the medical office for treatment of your medical condition related to your job. In addition, if you or a pharmacy submit a claim to the workers’ compensation insurer for reimbursement of a medication for your illness or injury, the carrier must pay within 45 days. If the claim is in dispute or the medication is not for a condition related to your illness or injury, the carrier is required to pay any undisputed part of the bill and notify you or the pharmacy in writing within 45 days.

Cash Payments

If you suffer from a total or partial disability related to a medical condition you developed because of your job, you will not receive cash benefits for the first seven days. However, if your disability extends beyond 14 days, you may be awarded cash benefits extending back to the first day of work you missed. You receive medical care under workers’ compensation regardless of the length of your disability.

The amount you receive is based on your average weekly wage for the past year. The state uses the following formula to calculate your weekly cash benefits: 2/3 x average weekly wage x % of disability. However, your weekly benefit is limited to maximums set by the state.

Supplemental Benefits

These workers compensation benefits — which cannot exceed $215 per week in combination with weekly benefits and death benefits — are available to individuals determined to suffer the greatest impact from rising costs. You may be eligible for supplemental benefits if you fall into one of the following two categories:

  • You were classified as permanently and completely disabled due to an injury or disability you suffered at work before Jan. 1, 1979.
  • You are a widow or widower receiving death benefits following the death of your spouse before Jan. 1, 1979.

Social Security Disability Benefits

If you become seriously disabled — either permanently or for a continuous period of at least a year — due to a “medically determinable physical or mental impairment,” you may be entitled to Social Security benefits on a monthly basis.

Death Benefits

Surviving spouses, minor children and other legal dependents of workers who die from a “compensable injury” may be eligible for weekly cash benefits. The amount of the benefits is two-thirds of the worker’s average weekly pay for the year prior to the worker’s accident. The weekly benefit cannot exceed the weekly maximum regardless of the number of dependents.

If the deceased worker has no surviving dependents who are entitled to compensation, the worker’s surviving parents or the deceased worker’s estate may receive as much as $50,000. In addition, some funeral expenses may be covered.

Consult with an Experienced Workers’ Compensation Attorney

Workers’ compensation cases can be complex, and it can be difficult to understand the intricacies of your specific situation. If you’ve been injured on the job or you suffer from an illness related to your work, don’t leave your future to chance. Contact the offices of Paul Giannetti, Attorney at Law, at (866) 868-2960 for a free consultation to ensure you receive the compensation to which you’re entitled.

Paul D. Giannetti, Attorney BBB Business Review

Contact Us for a Free Consultation

  • This field is for validation purposes and should be left unchanged.

Free Book Download:

Click Here To Download Your Free BookWhen The Dust Settles

Click Here To Download Your Free GuideNY Workers Compensation Guide Booklet

Recent Articles

  • What You Need to Know about Construction Site Bystander Accidents
  • Injured on a New York Construction Site? Here’s What You Need to Do
  • Workers’ Compensation Private Insurance vs. Self-Insuring Employers
  • The Difference Between Workers’ Compensation and Personal Injury
  • Worker’s Comp Adjusters Tricks to Watch Out For
  • If Workers’ Comp Denies Surgery, What’s Next?
  • Workers’ Comp Settlement After Surgery
  • New York Workers’ Compensation Settlement Amounts
  • How Can Coronavirus Affect MY Workers’ Comp?
  • If I Contracted COVID-19 at Work – Can I Get Workers’ Compensation?

Categories

  • Accidents & Injuries
  • Construction Accidents
  • News
  • Social Security Disability
  • Workers' Compensation

Serving accident, injury, and workers' compensation victims throughout Upstate New York including Albany, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, and Washington counties. Attorney Advertising. This website is designed to provide general information to injury victims. It is not intended to be legal advice. It can not and should not be substituted for proper legal representation. You should consult an attorney for legal advise regarding your rights as every case is unique and requires in depth analysis and preparation.

Copyright © 2019 Paul Giannetti Attorney At Law. All rights reserved.


Albany Workers Compensation Attorney
Paul Giannetti Attorney at Law
3 Washington Square
Albany, NY 12205
Phone: 518-243-8011
Mon - Fri: 9am - 6pm
 

Paul Giannetti Office Location