When you’re injured at work, you need workers’ compensation benefits to support yourself and your family. If you’re not sure how to get those benefits or you’re having trouble with your claim, call the NYC Premises Liability attorney.
Workplace injuries, especially ones that cause lost wages, can be devastating to the working families of New York. It is a scary proposition to face – not only are you dealing with pain every day, but you are also worried about where and when is the next paycheck going to come from and who is going to pay your medical bills, mortgage and food for your family. But you do not have to worry.
New York takes care of its workers by mandating that employers provide workers’ compensation benefits, which cover medical costs and lost wages for employees injured on the job. Because sometimes, even the hardest working New Yorkers, who love to work, may find it impossible to go back to work altogether, or in the same capacity after an on-the-job injury.
Unfortunately, even though the law requires employers to maintain workers’ compensation insurance, too often workers have a hard time getting the benefits to which they are legally entitled.
The New York workers’ compensation lawyers at Daniella Levi & Associates, PC understand the long-lasting effects of on-the-job injuries on the injured workers and their families. Our legal team is here to help you get the benefits to which you are legally entitled.
Full and part-time workers in New York State are covered by NYS Workers’ Compensation, including but not limited to:
Employees of counties and municipalities engaged in work defined as “hazardous”
Some domestic workers
Too many workers are unfairly denied the workers’ compensation benefits they desperately need. Taking legal action can help workers gain access to their entitled benefits.
To figure out the number of benefits, we first need to look at the extent of your injury.
This category means that the injured worker’s wage-earning capacity is lost totally, but only on a temporary basis
The wage-earning capacity is lost only partially, and on a temporary basis.
If you recover from your injuries, and you can return back to work without restrictions, then your weekly benefits will stop as soon as you return to work. However, if you return to work and are earning less due to your work related injury, you may be entitled to reduced earnings.
If your injuries are so severe that you cannot work at all, then you can claim for total disability benefits:
No limit to the amount of weeks of benefits, if accident or date of disability occurred before March 13, 2007. However, if the work related accident or date of disability occurred subsequent to March 13, 2007, payments are payable for a maximum number of weeks, determined by claimant’s Loss of Wage Earning Capacity (LWEC).
This classification means that the employee has permanently lost part of his or her wage-earning capacity. There are two types of permanent partial disability benefits, depending on the body part affected and the nature of the permanent disability.
Some examples of an SLU award from a permanent partial disability include losing:
When determining the number of weekly benefits, the Administrative Law Judge looks at your gross average weekly wage one (1) year prior to your work-related injury.
To help fight and win your claim we will:
Website Design, Content & Search Marketing by Local Search for Lawyers™ | Copyright protected. All Rights Reserved.