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- What’s going on with the CRM managed trusts?
- Is your employer committing workers’ comp fraud?
- 9/11 Workers Receive Additional Protections
- New York Self Insured Trusts - No Trust and Certainly Not Insured
- NYC Suspending Crane Construction After May 30 Accident
- Social Security Administration Puts Finishing Touches on Ticket to Work Program
- Guess What? Giving Birth Does not cure Work Related Injuries!
- Workplace Injury and Litigation Group Passes Resolution denouncing the AMA 6th Medical Guidelines
- AMA Defeated in NY, at least for now!
- NYC Hosts "Construction Safety Week"
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New York State Workers’ Compensation
- The Incestuous Relationship between Government and Private Industry
- Employers – Not Workers – Are Guilty of Workers’ Compensation Fraud
- Six Easy Steps to Protect Your Right to Continue to Receive New York Workers Compensation Benefits
- Does it Matter if I'm an Independent Contractor?
- What You Need to Know About the NY Workers' Comp Process
Social Security Disability
- Top 7 Tips for Social Security Disability Claims
- My Social Security Claim Was Denied. Now What?
- How Social Security Makes Eligibility Determinations
- Ticket to Work: A Social Security Work Incentive Program
Supplemental Security Income
Federal Workers’ Compensation
- Appeals Process: Federal Workers' Compensation
- Longshore & Harbor Workers' Compensation Act
- Who is Covered Under FECA?
- Federal Employees' CompensationAct
Forms
Disability Classification Under NY Workers' Compensation Law
Under the Workers’ Compensation laws, the benefits that you receive are directly related to the way that your injury is classified. There are four different classifications that are used to define injuries.
Temporary Partial Disability
Someone who is under temporary partial disability is only able to do some type of limited work for a short period of time. In general, this is someone who will recover further from their injury.
Temporary Total Disability
A worker who is temporarily totally disabled is unable to do any type of work for a temporary period of time. This worker’s wage-earning capacity has been totally lost, but only for a temporary period of time.
Workers who are temporarily totally disabled are generally entitled to payments while they are unable to work.
Permanent Partial Disability
A permanent partial disability is defined as the permanent loss of use or function of any portion of the body. This applies to workers who have lost limbs or the use of them in workplace accidents.
The benefits you receive for permanent partial disability will vary depending on the resulting wage loss. For instance, if your injury means that you can no longer perform your job any more and you can no longer perform any job that pays as well as your job used to, you will be compensated for medical benefits and also cash benefits. However, if you are still able to be paid at the same level in another job, you will not be entitled to cash benefits.
If the work-related accident occurred on or after March 13, 2007, the following table applies to your cash benefit status. The length of time that New York Workers’ Compensation will continue to pay you depends on the extent of your lost income.
· Lost wage earning capacity of 95% or greater – 525 weeks
· Lost wage earning capacity of 95% - 91% – 500 weeks
· Lost wage earning capacity of 86% - 91% – 475 weeks
· Lost wage earning capacity of 81% - 85% - 450 weeks
· Lost wage earning capacity of 76% - 80% - 425 weeks
· Lost wage earning capacity of 71% - 75% - 400 weeks
· Lost wage earning capacity of 61% - 70% - 375 weeks
· Lost wage earning capacity of 51% - 60% - 350 weeks
· Lost wage earning capacity of 41% - 50% - 300 weeks
· Lost wage earning capacity of 31% - 40% - 275 weeks
· Lost wage earning capacity of 16% - 30% - 250 weeks
· Lost wage earning capacity of less than 15% - 225 weeks
Permanent Total Disability
This occurs when the employee’s wage-earning capacity is permanently and completely lost. There is no limit on the number of weeks that workers’ compensation will pay for you. Additionally, under certain circumstances, you may continue to engage in business or employment, as long as your wages (combined with the weekly benefit) do not exceed the maximum amount set by law.
Ask an Attorney
Markhoff & Mittman, P.C.
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Markhoff & Mittman, P.C.
Main Office
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Long Island Office
1778 Hempstead Turnpike
East Meadow, NY 11554
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax (516) 222-2292
New York City
by Appointment Only
News
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- New York employers resist worker's comp 'bailout' plan
- More Hero's of 9/11 to Receive Additonal Protection Under Workers Compensation
- Two Construction Workers Hurt in Bronx Accident
- Four Killed in Manhattan Crane Accident
- NEWS: The Collapse of Self-Insured Trusts Staggers State!
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