How Long Can You Draw Workers’ Comp in New York?

injured at work in a New York warehouse

If you have suffered a workplace injury in New York, you could be entitled to workers’ compensation benefits. Workers’ compensation is essentially insurance paid for by your employer that provides cash benefits and medical care for employees who are hurt on the job.

Different types of benefits are available when you file a workers’ compensation claim in New York. If you are eligible for workers’ comp or you are already receiving benefits, you may be wondering how long you can draw them. This depends on a number of factors, including the type of injury you sustained and how permanent it is. If you were injured prior to March 13, 2007, the benefits would be paid out for the duration of the injury or disability and the lost wages. If not, any benefits for injuries after March 13, 2007, are capped at a maximum number of weeks, no matter the severity of the injury.

The experienced New York workers compensation lawyers at Finz & Finz, P.C. can help you obtain the maximum benefits you are entitled to for the appropriate amount of time. Call now at 855-TOP-FIRM for a free initial consultation.

Statute of Limitations for Workers’ Compensation

If you have been injured while on the job in New York, you should pursue the benefits you are entitled to as soon as you can. The statute of limitations for workers’ comp claims is two years. When the clock begins ticking depends on two factors: the date of your injury or the date of your last payment.

Two years can pass by quickly. This is why it’s critical that you act promptly following your workplace injury. Sometimes symptoms from an injury don’t become an apartment until days or even weeks following the workplace accident. As soon as you begin to experience symptoms, it’s critical that you speak with an attorney immediately and before the statute of limitations expires.

Workers’ Comp Benefits in New York

In New York, injured workers are entitled to cash payments to compensate for the loss of earnings if the injury or illness keeps them out of work for over seven days. If you are out of work for more than two weeks, you will receive cash payments starting the first day of your injury. If you are disabled and not able to work for longer than seven days, you will receive cash benefits as long as you are unable to work. The amount is based on your average weekly wage for the year prior to your accident and your level of disability.

If you cannot work, either permanently or temporarily, you might be eligible to recover disability benefits. While it ultimately depends on the nature of your workplace injury, you could be eligible for one of the following:

  • Permanent Total Disability – This is a disability that you are not expected to recover from. It completely impacts your ability to earn a living in your career or any other career.
  • Permanent Partial Disability – This is also a disability that you are not expected to recover from. However, it is not a total disability. You might be able to return to a form of employment, if not your previous career.
  • Temporary Total Disability – This is a complete disability that prevents you from doing your job. It is, however, a disability you are expected to recover from.
  • Temporary Partial Disability – This is neither a complete disability nor a disability that will affect you for the remainder of your life. You are expected to recover from a temporary partial disability, but until then, you might not be able to perform your job.

Schedule Determines Benefits

In New York, a predetermined schedule determines the amount of benefits based on the classification of your particular disability. The maximum time limit is set out in weeks that you may draw workers’ compensation benefits according to the percentage of wage-earning capacity loss and the date of injury.

According to the New York Workers’ Compensation Board, if the on-the-job accident occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by your loss of wage-earning capacity, set forth as follows:

  • 525 weeks for loss of wage-earning capacity of greater than 95%
  • 500 weeks for greater than 90% thru 95%
  • 475 weeks for greater than 85% thru 90%
  • 450 weeks for greater than 80% thru 85%
  • 425 weeks for greater than 75% thru 80%
  • 400 weeks for greater than 70% thru 75%
  • 375 weeks for greater than 60% thru 70%
  • 350 weeks for greater than 50% thru 60%
  • 300 weeks for greater than 40% thru 50%
  • 275 weeks for greater than 30% thru 40%
  • 250 weeks for greater than 15% thru 30%
  • 225 weeks for 15% or less

When you are injured on the job in New York, the best thing you can do is report the accident to your supervisor as soon as you can. In New York, workers have to report injuries within 30 days of the occurrence. Under New York law, workers have up to two years to file a workers’ compensation claim if the workplace injury has caused other damage. For example, if you slip and fall on a floor because of spilled merchandise, you might report the accident then return to work. If you later develop back pain as a result of the fall, filing a is still an option.

An attorney will ensure that you are not barred from receiving any workers’ comp benefits that you are rightfully entitled to. If your claim is denied, a skilled workers’ comp lawyer can help you appeal it. The lawyers at Finz & Finz, P.C., have extensive experience in forcing insurance companies to provide our injured clients with the benefits they deserve.

Contact a New York Workers’ Comp Lawyer

Finz & Finz, P.C. can help you with all aspects of your New York workers’ compensation claim and ensure you get the benefits you are entitled to for your workplace injuries. To learn more about your options following a workplace accident, contact the highly skilled and compassionate New York workers’ comp attorneys at Finz & Finz, P.C. today. Call now at (855) TOP-FIRM for a free consultation.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.