Overview of Benefits
Overview of New York Workers’ Compensation Benefits
New York State like most other states has established a system for compensating workers who have been injured or who have become ill due to their work activities. In New York that system is governed under the Workers’ Compensation law and is administered by the New York State Workers’ Compensation Board. Under the law, most employers are required to carry Workers’ compensation insurance for the benefit of their employees. By carrying workers’ compensation insurance, employers are generally protected from a direct lawsuit by an employee.
Workers’ compensation insurance is mandatory for most employers and provides two types of benefits. First, it provides wage replacement in the form of weekly cash payments. Second, it provides medical care and services for those injured by or in the workplace. Weekly cash payments are also provided to families of deceased workers who died as a result of their employment. Benefits are provided, for the most part, regardless of fault, and often prevent economic disaster as a result of the loss of income and ever increasing cost of medical care.
The current maximum wage replacement is 2/3 of workers average week wage to a maximum of $803.21 per week. There is no maximum amount on medical care and services, provided treatment is considered to be reasonable and necessary under the established medical guidelines. Payments for medical expenses are typically paid directly to the medical provider. In addition, workers can be reimbursed for travel expenses related to medical treatment. Cash benefits are not paid until after the first 7 days of inability to work due to the injury or illness.
Workers under the age of 18 are entitled not only to medical benefits but also to double weekly cash payments if is determined that the employer violated New York State child labor laws. Workers under age 25 are entitled to increased weekly payments based upon wage expectancy increases.
Death benefits are payable to surviving spouses, children and dependents of the deceased worker.
The above discussion is just an overview of the benefits that are provided under the workers’ compensation laws. There are numerous legal issues that must be addressed in a particular case. These issues include, but are not limited to, the determination of the workers’ average weekly wage, the establishment of the injuries and degree of impairment, the determination of whether the injury is permanent or temporary and the determination of the duration of benefits. An experienced attorney can help you understand these issues and assist in the development of your case to maximize your benefits.
If you have suffered an unfortunate accident at work, or have been the victim of a medical condition caused from the nature of your job, you may be entitled to significant compensation from your employer or other responsible party. Don’t go it alone. The Law Offices of David Smoren, PLLC has the expertise and resources to file and prosecute a successful workers’ compensation claim on your behalf. Employers have attorneys protecting their rights and so should you.
The Law Offices of David Smoren, PLLC has successfully handled hundreds of workers’ compensation claims resulting in millions of dollars in monetary compensation and medical benefits for our clients. There is never a fee unless we are successful in recovering benefits for you. Call 718 225-6700 today for a free phone consultation or to arrange for an office or in home consultation or simply post a comment or question on the contact form.