How Long Can I Be Covered Under A Workers Compensation Claim In New York?

If you work in New York and are injured on the job, you may be entitled to workers’ compensation benefits.  There are many different kinds of benefits you may qualify for under a worker’s compensation claim, and how long you can receive benefits will depend on the injury.  In New York, the amount of time you are eligible for workers’ compensation benefits depends on the type of injury and how permanent it is. According to New York law, benefits for injuries after March 13, 2007, are capped at a maximum number of weeks, regardless of the severity of the injury or the loss of wage-earning capacity.  It is critical to work with an experienced Workers’ Compensation attorney to ensure you obtain the maximum benefits you are entitled to under the law.

An Overview of Workers’ Compensation Benefits

To make a workers’ compensation claim, the employee must report the injury immediately to their employer and then file a workers’ comp claim with the New York State Workers’ Compensation Board. Workers’ compensation is designed to provide medical care for treatment and recovery from a work-related injury or illness. Workers’ compensation may also provide a certain amount of cash benefits to the employee is after the injury or illness.  Medical and treatment costs are paid immediately and do not depend on the injury’s length or classification.  Cash benefits are paid to claimants who are partially disabled and unable to work for more than seven days.  The New York State Workers’ Compensation Board provides categories of disability. The cash benefits are calculated on a percentage basis of the employee’s wages. The amount of weeks that cash benefits may be paid to an employee is determined by the loss of wage-earning capacity.  Workers compensation injuries are typically classified in the following categories:

  • Temporary Partial Disability
  • Temporary Total Disability
  • Permanent Partial Disability
    • Schedule Loss of Use (SLU): Loss of use of an upper or lower extremity (such as a leg, arm, wrist, ankle, etc.), or permanent loss of eyesight or hearing.
    • Non-Schedule: Permanent disability that is not a scheduled loss of use injury (e.g., lungs, brain, heart, spine, etc.)
    • When the employee reaches maximum medical improvement (MMI), the severity of the employee’s disability is determined. It is presumed under New York law to max out at two years after the injury date.
  • Permanent Total Disability

How Long Can I Claim Workers’ Comp Benefits under New York Law?

Suppose the workplace accident or date of disablement was on or after March 13, 2007. In that case, the maximum number of weeks that benefits are payable is determined by the employee’s loss of wage-earning capacity.  The New State Workers’ Compensation Board provides the following maximum time limits for cash benefits per percentage of wage-earning loss:

 

  • 95-100%: 525 weeks
  • 90-95%: 500 weeks
  • 85-90%: 475 weeks
  • 80-85%: 450 weeks
  • 75-80%: 425 weeks
  • 70-75%: 400 weeks
  • 60-70%: 375 weeks
  • 50-60%: 350 weeks
  • 40-50%: 300 weeks
  • 30-40%: 275 weeks
  • 15-30%: 250 weeks
  • 0-15%: 225 weeks

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