Did you recently suffer an on-the-job injury in Allegany, New York? You could be entitled to workers’ compensation benefits. These benefits can help you cover your medical care expenses and replace a portion of your income losses if you are too hurt to work after an occupational injury. Most workers in New York have this coverage, no matter what type of job they do. The workers’ compensation lawyers at Fessenden Laumer & DeAngelo, PLLC, can help you understand what benefits apply to your situation and seek the financial support you are owed. Contact us today for an initial consultation to discuss your case with a workers’ compensation lawyer serving Allegany.
Workers’ compensation covers medical care for any injury or illness that happens because of your job. You can get coverage for many types of care, including doctor visits, surgery, dental work, vision exams, physical therapy, and prescription drugs. Your benefits can also cover the costs of assistive devices like braces or wheelchairs if you need them.
To qualify, you must see a provider approved by the New York Workers’ Compensation Board. In most cases, you can pick your own provider from an approved list. Some workers must follow special rules if their employers use Preferred Provider Organizations (PPOs).
You do not have to pay out of pocket for treatment. Your employer’s workers’ compensation insurance provider must pay the bills unless your claim gets denied. You can also get reimbursed for travel costs, like bus fare or gas, if you have to travel to get the medical care you need.
If you have a temporary total disability that keeps you from working for a short period, you might qualify for lost wage benefits. You must miss more than seven days of work to receive these benefits. If you miss more than 14 days, you can claim retroactive payments for those first seven days of missed work. These benefit payments are there to replace part of any wages you lose during your recovery.
You can also get temporary partial disability benefits if your injury forces you to work fewer hours or take a lower-paying job. If that happens, workers’ compensation can pay you part of the difference between your old wage and your new wage to make up for the reduction in your earnings.
The amount you receive in lost wage benefits depends on your average weekly wage. You can collect up to two-thirds of your average weekly wage if you have a temporary total disability. If you have a temporary partial disability, you can receive up to two-thirds of the difference between your old wage and your new wage. New York sets a maximum and minimum amount you can receive each week.
Your average weekly wage (AWW) plays a big role in deciding how much you receive in lost wage benefits. Workers’ compensation uses your AWW to figure out your weekly payment. The insurance company will base your AWW on your gross earnings from the 52 weeks before your injury. This includes overtime and other regular pay.
If you worked less than a year, your employer will still report your earnings using Form C-240. If you only worked a short time, your employer may use someone with a similar job and pay to help fill in the gaps. If you had concurrent employment—meaning you worked more than one job—when you got hurt, you may include both incomes in your AWW.
If a work injury leaves you permanently disabled, you could be entitled to permanent disability benefits. When you apply for a permanent disability award, the Workers’ Compensation Board uses a disability rating to determine how much you should receive. This disability rating comes from your doctor, who reviews your condition and assigns a percentage that shows how much your injury affects your ability to work. This rating is based on medical evidence and your long-term limits.
For permanent disabilities, the rating reflects your loss of wage-earning capacity. A 100 percent rating means you can’t do any kind of work. Lower ratings show that you can work in some way, but not at the same level as before. Ratings usually fall into ranges like 15 percent, 30 percent, 50 percent, or higher.
This percentage affects how long you can receive benefits. For example, someone with a 60 percent loss of wage-earning capacity might receive up to 375 weeks of payments. The Workers’ Compensation Board uses the rating to match your situation with the correct number of weeks listed in the law.
Schedule and Non-Schedule Loss of Use Awards
There are two main types of permanent disability awards: Schedule Loss of Use (SLU) and non-schedule. The type depends on the body part and how the injury affects your ability to work.
SLU awards apply when you lose full or partial use of certain body parts, like arms, legs, hands, feet, fingers, toes, eyes, or ears. You can receive benefits for a specific number of weeks for each type of loss. You get paid for that number of weeks, minus any temporary benefits you already received.
Non-schedule awards apply to injuries to parts like the spine, lungs, heart, or brain. These injuries don’t fall under the schedule but can still affect your long-term ability to work. In those cases, your benefits depend on your loss of wage-earning capacity and can last for a set number of weeks.
You can also receive up to $20,000 in disfigurement benefits if your injury causes permanent disfigurement to your face, head, or neck.
If a worker dies because of a job-related injury or illness, their surviving spouse, children, or other dependents can receive survivor benefits. The available amount is up to two-thirds of the worker’s average weekly wage, up to the state’s maximum limit. If the worker had no dependents, the parents or the worker’s estate can receive a one-time payment of $50,000.
Workers’ compensation can also cover funeral or memorial costs. In Allegany County, the benefit for funeral expenses can go up to $10,500. Families must file a Death Claim to receive these benefits.
Filing a workers’ compensation claim can feel overwhelming, especially when you’re dealing with a painful recovery and trying to make ends meet. A skilled workers’ compensation attorney can handle every detail of your claim so you can focus on your recovery. Your lawyer can also step in if your employer or the insurance company refuses to approve treatment, delays your payments, or questions how your injury happened. Here are several ways a lawyer can support your claim:
If you have questions about your Allegany workers’ compensation claim and the types of benefits you could be entitled to, contact Fessenden Laumer & DeAngelo, PLLC, today for an initial consultation. Our team can review your situation and advise you on your next steps.
