There were nearly 130,000 work-related injuries and illnesses reported in the state of New York in 2020. This means workplace injuries happen more often than you think. In fact, the Bureau of Labor Statistics reports that there is an incident rate of 2.2 cases per 100 full-time workers.
You may qualify for workers compensation benefits if you were hurt at work or suffer a chronic illness brought on by your working environment. However, there is no certainty that your claim will be accepted, and collecting benefits might be difficult to navigate. So, if you do not know or understand what goes into submitting a workers' compensation claim in New York, we will go over the steps.
How The New York Workers Compensation System Works
Workers' compensation is a no-fault system in the majority of states, including New York, thus recipients can receive payments regardless of who caused the accident. In addition to injuries, workers may be entitled to compensation for illnesses brought on by their jobs. Illnesses like carpal tunnel syndrome or gastrointestinal issues brought on by stress are among the ailments that may qualify.
The benefits that workers’ compensation offers to injured workers include coverage of medical costs, such as hospital and healthcare expenses incurred as a result of the illness or accident, as well as a percentage of lost wages for the time the employee was unable to work.
Lost Wages Benefits In New York
If the injury you suffered or illness keeps you out of work for more than seven days or makes you unable to work your full shift, you are entitled to a portion of your lost wages.
The amount you can get for lost wages in New York is based on a number of variables, including the severity of your temporary disability and your average weekly pay for the prior year. It works out as 2/3 x your average weekly wage x the percent of disability based on medical proof. So, if you are 100% disabled (even temporarily) and earned $500 per week before getting hurt, you would therefore receive $333.33 per week. If you are 50% disabled, your weekly benefit would be $166.67.
In general, there are different levels of disability, ranging from total (100%), marked (75%), moderate (50%), and mild (25%). Partial disabilities are defined as anything less than total.
There are limits to the weekly benefits though. The weekly minimum benefit is $150, which means it will not be less than this number. Furthermore, your weekly lost wages benefit cannot surpass the maximum of $1,125.46. However, this number changes every July 1. In July 2023, the amount is expected to increase.
Take These Steps to File a Workers Compensation Claim in New York
When submitting a workers' compensation claim in New York, make sure you follow these steps. Your claim may be rejected if you miss deadlines and don't follow the correct procedure.
Report your injury
It's important to inform your employer about your injuries as soon as you can following the accident or when you see any symptoms. This should be reported to your supervisor or HR department. The claims process will begin once you report your injuries. Remember, there are deadlines to report the injury in New York.
- You have 30 days from the day of the injury to report the injury to your employer and it must be in writing.
- There is a two-year deadline to fill a claim with New York’s Workers' Compensation Board.
Get Medical Care
Seek emergency medical attention right away if you have been seriously injured or fallen ill. Regardless of how severe the injury may be, you should see a medical professional.
Consult an Attorney
For a number of reasons, you may want to consult with a New York workers' compensation lawyer about your case. For example, if your claim is denied, even partially; or there is disagreement about what happened between the employer and employee, a lawyer can help assess your case and the circumstances surrounding it. There is also an appeals process, which must be filed within 30 days of a judge's decision to deny your claim.
In either case, an experienced attorney may greatly influence the outcome of your workers' compensation case.
If you have severe injuries, you might be given the choice between a lump sum payment and a settlement. To make sure the settlement offer is fair, an attorney can go over the choices with you. Remember that when you accept a settlement, you cannot come back to ask for more money if it turns out that you require more medical attention or time off work.
We Can Help You With Your Workers' Compensation Claim
We are committed to helping clients in New Jersey, New York, and the surrounding states with their workers' compensation disputes. Get the help you need to heal from your injury and move on with your life because the attorneys at Brandon J. Broderick, Attorney at Law have the expertise and resources to get you there.
Contact us today to learn about your rights in the event of a workplace injury or if your claim is denied.