NYC Lost Time Benefits Lawyer
Being injured on the job in New York City can be stressful. If you are out of work, the loss of income can cause a financial strain for the injured worker and their family. Injured workers should receive lost time benefits, but the insurance company or their employer may unfairly deny their claim.
Our workers’ compensation lawyers at Rosenbaum Personal Injury Lawyers have decades of combined experience representing injured workers in New York. We aggressively pursue workers’ compensation benefits for our clients. We also pursue third-party claims for workplace accidents when available.
Contact Rosenbaum Personal Injury Lawyers at (212) 514-5007 to schedule a free consultation with one of our NYC lost time benefits lawyers. We are available 24/7 to discuss your claim with you.
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How Our New York Personal Injury Attorneys Can Help You with a Workers’ Compensation Claim for NYC Lost Time Benefits
With over 40 years of experience, Rosenbaum Personal Injury Lawyers has the resources and skills to handle all types of work-related injury claims. We aggressively advocate for the rights of injured workers, including pursuing claims for NYC lost time benefits.
When you hire our top-rated New York workers’ compensation lawyers, you can trust we will:
- Investigate the circumstances surrounding your workplace injury
- Handle the paperwork and communication with the workers’ compensation insurance provider
- Calculate your lost wage benefits to ensure you receive the correct amount of disability benefits
- Determine all types of workers’ comp benefits you are entitled to receive
- Pursue damages for a third-party claim, if applicable
- Advocate for your rights in all court proceedings
Our attorneys at Rosenbaum Personal Injury Lawyers have received recognition for their legal services. Organizations include America’s Top 100 Attorneys, The National Trial Lawyers Top 100 Attorneys, and Super Lawyers. We have a perfect 10.0 rating with Avvo and are members of the Multi-Million Dollar Advocates Forum.
Call Rosenbaum Personal Injury Lawyers to schedule a free case evaluation with an experienced NYC personal injury attorney.
Overview of New York’s Workers’ Compensation System
Workers’ compensation laws require employers to purchase workers’ compensation insurance for their employees. If an employee is injured on the job, they can receive several types of benefits from workers’ comp. The system is a no-fault program. Therefore, an injured employee does not need to prove fault, negligence, or other wrongdoing to receive benefits.
Workers’ compensation does not cover all workplace accidents. The following criteria must be met for a worker to be covered by workers’ compensation insurance:
- The employee is covered by workers’ compensation insurance by law;
- The injury, disability, or illness is directly related to the employee’s job duties;
- The incident or accident occurred while the employee was performing their duties within the scope of their employment;
- The employee notified their employer of the injury or illness within 30 days; and,
- The treating physician states that the illness or injury is job-related.
If workers’ compensation insurance covers the worker, they can receive benefits for loss of income and medical treatment. They may also receive benefits for rehabilitation and permanent disability.
What Are Lost Time Benefits for a Work-Related Injury or Accident in NYC?
You may receive lost time benefits if you are out of work for more than seven days because of a work injury or illness. You can also receive lost wage benefits if your income is reduced because your injury prevents you from earning the same income or working the same number of hours you did before the injury.
You do not receive lost wage benefits for the first seven days you miss work unless you are out of work for more than 14 days. After your 14th missed work day, you can receive NYC lost time benefits from the first day you missed work. If your employer continues to pay your wages, you will not receive lost time benefits from the workers’ compensation insurance company.
Workers’ compensation does not pay for all lost wages. The amount of your lost time benefits is based on two-thirds of your average weekly wages and your percentage of disability. Weekly benefits are calculated as 2/3 of your average weekly wages times the percentage of disability assigned by your doctor.
Typically, doctors assign a degree of disability based on four categories:
- Total disability (100%)
- Marked disability (75%)
- Moderate disability (50%)
- Mild disability (25%)
The state sets a minimum weekly amount for NYC lost time benefits. For example, if your injury occurred on or after January 1, 2024, the minimum weekly benefit is $275. The minimum weekly benefit increases on January 1, 2024, to $325 per week. The state also sets maximum weekly benefits for lost wages.
Schedule a Free Consultation with our New York Workers’ Compensation Lawyers
Call Rosenbaum Personal Injury Lawyers to speak with a NYC lost time benefits lawyer if you have questions or need help with a workers’ comp claim or appeal in New York. Your initial consultation is free, and you can learn more about workers’ comp claims and steps you can take to protect your rights.
