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The Basics of New York Workers' Compensation Law

If you work in New York and suffer an injury while on the job, you may be entitled to compensation under New York workers' compensation law. Workers' compensation in New York is overseen by the New York State Workers' Compensation Board.

If you believe you have a workers' compensation claim, you should try to develop a basic understanding of New York workers' compensation law. You may also want to reach out to a New York workers' compensation attorney to request a consultation.

Benefits Under New York Workers' Compensation Law

Those injured in the course of work are eligible for benefits under New York workers' compensation law. These benefits compensate injured employees for such things as medical costs as well as disability.

The amount of benefits you receive will depend upon the classification of your disability. For example, if you are permanently and totally disabled and will never be able to return to work, you will receive more compensation than a worker who is only temporarily disabled.

The following is a breakdown of disability payouts for injured workers in New York:

  • Permanent total disability: Two-thirds of the employee's average weekly wage
  • Temporary total disability: Two-thirds of the employee's average weekly wage
  • Permanent partial disability: Two-thirds of the employee's average weekly wage for a period that is dependent upon the type of injury; for example, the loss of an arm can provide a worker with up to 312 weeks of benefits

In addition, you must wait for seven days after an injury before you can receive benefits. If the disability persists for more than 14 days, then you can receive retroactive disability benefits. This means that after 14 days you will be paid for the first seven days.

New York Workers' Comp Claims

It is critical that you inform your employer of an accident as soon as it occurs at work. Under New York workers' compensation law, you only have 30 days to notify your employer of your injuries in writing. After this 30-day period expires, you may be barred from collecting workers' comp benefits.

You must also fill out a claim form, which is available from the New York State Workers' Compensation Board, and mail it to a Board district office within two years of the injury or within two years after you knew or should have known about the injury.

Within two days of the accident, a doctor will need to examine you and fill out another form related to the claims process. The doctor will then mail this form to the Board's district office. You will receive a copy of this form as well.

Your employer has up to 10 days to report the injury to the Board and to its workers' compensation insurance carrier.

Within 18 days of receiving notification from your employer, the employer's insurance carrier should start making benefits payments to you. Every 45 days, your doctor will submit progress reports noting the progress of your health to the Board.

If your claim is denied by your employer or its insurance carrier, you can appeal to the New York State Workers' Compensation Board. The Board will then assign a workers' compensation law judge to hear your case. If the judge agrees with you, he or she will decide the amount and duration of compensation to award you.

New York Workers' Comp Resources

If you have further questions about New York workers' compensation law or the workers' compensation claims process, contact your district office of the New York State Workers' Compensation Board.

If you have questions or concerns about safety in your workplace, you should contact your local New York OSHA office. OSHA (the Occupational Safety and Health Administration) is the governmental body that oversees workplace safety and health guidelines.

Finally, if you wish to discuss the specifics of your workers' comp claim, you should reach out to a local New York worker's comp lawyer.