Workers' Comp Benefits

Employers are required to carry insurance coverage for workers injured in the course of their job. Benefits under workers’ compensation are established by New York state law, and the Workers’ Compensation Board governs eligibility rules and appeals of denied claims.

NYC Workers’ Compensation Attorneys

If you have been injured in a workplace accident, or developed an occupational disease, The Klein Law Group, P.C., can help ensure that you are approved for all benefits you are entitled to receive – including any additional benefits you were not aware of. Our firm represents clients throughout the New York City metro area, including Manhattan, Long Island and Westchester County.

Primary Benefits Under Workers’ Compensation

The workers’ compensation system is designed to pay your medical bills and partly replace lost income when your injury prevents you from returning to your job. After 7 days off the job, the New York system provides:

  • A maximum of two-thirds of your weekly wage, with a maximum cap that varies depending on your date of accident or your date of disablement. That applies to total disability (unable to work any job), as well as maximum partial disability; if you are partially disabled (retain some work capacity), the weekly benefits are reduced.
  • Reimbursement for medical care directly related to the work injury or illness, including ongoing care. You must file for benefits within 30 days of the original injury.

Additional Workers’ Comp Benefits

  • Supplemental income applies to those who were permanently and totally disabled due to a work injury occurring before Jan. 1, 1979, and widows and widowers of those who died from a work-related injury prior to that date.
  • Death benefits are paid to spouses, minor children and sometimes other family members when a worker dies as a result of a workplace injury or occupational illness. Weekly benefits are equal to two-thirds of the employee’s wages, and workers’ compensation also pays funeral expenses up to $6,000.

Are You Eligible For Other Benefits?

The Klein Law Group, P.C., can determine if you are eligible for additional benefits that supplement your workers’ compensation pay:

  • Social Security Disability – If you are permanently disabled or expected to be off the job for 12 months or more, you may be entitled to Social Security benefits (SSDI) in addition to your workers’ comp pay.
  • Unemployment insurance – In some cases, you can collect unemployment benefits in addition to workers’ comp (never totaling more than your previous wages)
  • Union benefits – If you belong to an employee union, you may be entitled to disability benefits
  • Private disability – If you have private (ERISA) short-term or long-term disability insurance, we will work to ensure that any wages or medical care not covered under state benefits are paid to you.
  • Wage replacement benefits

How Long Can You Be On Workers’ Compensation In New York?

Every workers’ compensation case is unique, and so is the length of time they can collect benefits. The range of time someone can collect compensation often ranges from two to ten years. We can review your case to help gain a better expectation of how long you could collect benefits for your injuries.

What Pays More, Disability Or Workers’ Compensation?

There is no universal answer for all injured workers. Workers’ compensation covers the cost of all medical expenses related to the injury and lost income up to 2/3 of their weekly income, with an upper limit on the benefit. Short-term disability benefits cover 1/2 of a worker’s wages for a length of no longer than 26 weeks. We can help you determine what kind of compensation you can expect from each benefit, based on the unique factors of your case.

Get The Representation You Need After A Workplace Injury

The Klein Law Group, P.C., located in Manhattan, will fight like a bear for your rights to ensure that you get the maximum benefits you deserve. Don’t let an employer or insurance company push you around. Contact our New York workers’ compensation benefits attorneys today. Call 917-639-5350.