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Understanding Workers’ Compensation Benefits In New York


As a worker, you may know that you may be entitled to compensation if you become sick or injured while on the job. But do you know the processes and what to expect?

The process of getting workers’ compensation benefits can be confusing. The laws vary by state. Your compensation is based on your income and type of injury.

Workers’ compensation benefits are for employees only. Independent contractors do not qualify. New York has strict rules about this, so make sure you understand your status.

Workers’ compensation benefits are for those who suffer an injury or illness while performing work for their employer. However, payments do not start until you are out of work for at least seven days, so minor injuries likely won’t qualify.

You can receive workers’ compensation benefits for injuries such as the following:

  • Injuries from a one-time event, like a fall
  • Diseases or illnesses caused by work conditions, such as lung disease
  • Conditions developed from repetitive work-related activities, including carpal tunnel or back injuries

You can also receive benefits for pre-existing conditions that are aggravated by a workplace injury as well as mental health conditions, like PTSD. However, claiming benefits for these events can be extremely difficult. You will need to have a lot of evidence proving these events and how they correlate to your current medical condition.

Types of Workers’ Compensation

New York provides two main types of workers’ compensation: temporary disability and permanent disability. Under these two categories are four total categories:

  • Temporary partial disability. This means you are not fully disabled but are unable to work for a certain period of time due to your condition. The lost wage payments are based on the degree of disability, which is determined by your doctor.
  • Temporary total disability. This means you cannot work at all due to your condition, but you are expected to return to work in the future. You will get maximum lost wage payments until you can get back to work.
  • Permanent partial disability. This means you have recovered as much as possible from your injury and you can return to work in a limited capacity. Your payments will depend on what part of your body was injured and how disabled you are.
  • Permanent total disability. This means you have recovered as much as possible but will never be able to return to work. Those who are fully disabled for the rest of their lives will receive the maximum amount of lost wage benefits for the rest of their lives.

Contact Us for More Information About Workers’ Compensation Benefits

The process for workers’ compensation can be daunting. There are a lot of rules involved, so if you have been injured in the workplace, make sure you know what to expect.

A White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon can ensure you get full compensation for your claim. We can handle even the most complex cases. To schedule a free consultation, fill out the online form or call (914) 228-1770.



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