New York job providers carry workers’ compensation insurance to protect themselves and employees against the costs of workplace injuries. When workers return to their jobs, they do not always earn the same money or do the same jobs. That can lead to issues with abiding by state law and providing full protection for injured workers. In some cases, legal action might be the only solution for workers suddenly stuck in low-paying jobs.
Temporary disability payments might continue
Workers comp provides temporary lost wages while an employee is recovering from a workplace injury and unable to work. The amount usually is equal to two-thirds of the worker’s average gross weekly earnings. Many times, the worker can resume partial duties after a period of time but does not earn the same level of pay. It is legal for the employer to keep a worker in a job that reasonably accommodates a temporary disability while recovering from a workplace injury. That does not mean the worker cannot continue receiving a partial disability payment while working.
Vocational rehabilitation might apply
If a workplace injury renders a worker fully incapable of continuing in his or her former position, the job provider could offer a similar job. But if one is not available, then new job training might be in order. Worker’s comp vocational rehabilitation benefits essentially pay injured workers to learn new job skills and enter into new career paths. A maximum benefit amount applies to vocational rehabilitation to ensure that the worker either learns a new and marketable job skill or fulfills another position.
Workplace resistance might limit options
Some job providers might resist enabling an injured worker to resume work or obtain suitable income in another position. A claims adjuster might incorrectly decide that a particular benefit does not apply when it should. No matter the issue, a New York City attorney experienced in workers’ comp claims may help by reviewing the case and working to help an employee to obtain their maximum available benefits.