Workers’ Compensation FAQ
What should I do if I am injured on the job?
Of course your first concern should be with your health and seeking appropriate medical attention for your injury or illness. In order to secure your rights to workers’ compensation benefits, you should also take care to notify your supervisor about the injury as soon as possible. This should be done in writing within 30 days of the accident to protect your rights. Also, contact a New York workers’ compensation attorney as soon as possible. You have up to two years from the date of the accident to file a claim with the Workers’ Compensation Board, but you do not want to wait until the last minute. You may be consumed with other matters related to your treatment and rehabilitation and tragically miss the deadline to file a claim. Also, your attorney will want to gather all necessary documents and evidence soon after the accident to make sure everything is in order. And last but not least, the sooner you file a claim, the sooner you can start to receive benefits.
What types of benefits can I receive?
You may be entitled to any combination of cash benefits, supplemental benefits, medical benefits, and Social Security benefits to compensate you for your workplace injury. You may be entitled to cash benefits if you are totally or partially disabled and unable to work for more than seven days. Supplemental benefits are available in limited cases where the injury occurred prior to 1979. Medical benefits include all necessary medical care directly related to your injury or illness. This may include diagnostic tests, treatment and rehabilitation, and the costs of medication. Social Security benefits are generally available if you are permanently disabled or seriously disabled for at least 12 months. Death benefits are available to the surviving spouse and/or minor children or other dependents, when a worker dies from a covered injury.
How much can I receive in cash benefits (wage replacement)?
Your level of wage replacement depends upon the particular negotiated agreement under which you are covered, as well as the date and severity of the disability and other factors. The basic formula for determining weekly Statutory Benefits is two-thirds of your average weekly wage up to a maximum amount times the percent at which your disability is rated. Maximum rates are maintained here by the Department of Labor. Depending upon your contract, you may also be entitled to a Supplemental Pay Program so that your total wage replacement equals 60% of your wages for up to nine months, or you may be entitled to up to six months at full pay.
