Being injured on the job in New York City, NY, can result in a significant financial burden for workers and their families. Receiving prompt workers’ comp benefits can help offset the loss of income. However, what happens if you cannot return to work at all?
Permanent disability claims for workers’ compensation can be confusing. The workers’ comp insurance company might try to undervalue your claim. An NYC workplace accident lawyer helps you receive the permanent disability benefits you deserve.
The New York City permanent disability lawyers of Rosenbaum & Rosenbaum, P.C. have over 40 years of experience handling workers’ compensation claims. We fight to recover permanent disability for injured workers. Let us help you get paid after a work-related injury.
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Our New York City Disability Lawyers Help Injured Workers Receive the Benefits They Deserve
If you cannot work because of a workplace accident, you could be entitled to permanent disability benefits. However, you might have to fight to receive the benefits you deserve. Our New York City workplace accident lawyers guide you through each step in the process of filing for permanent disability benefits.
When you hire Rosenbaum & Rosenbaum, P.C., you can expect us to:
- Explain the types of permanent disability benefits you are entitled to receive for a workplace injury or occupational illness
- Investigate to determine how your workplace injury occurred and identify all parties who could be liable for damages
- File all insurance claims, workers’ comp claims, and disability claims
- Monitor the status of your disability claim and handle all requests for documentation and information
- Represent you at all hearings and meetings regarding your disability benefits
- Work to get you the maximum amount for a permanent disability caused by an on-the-job injury
Our law firm in New York City, New York, has the resources to pursue claims and appeal denials of claims. An experienced legal team works on your case to achieve the best possible outcome for your case.
Call us now to schedule a free consultation with an experienced New York permanent disability attorney.
When Can I Receive Disability Benefits After a Workplace Injury in New York?
You should seek immediate medical treatment and notify your employer that you sustained an injury as soon as possible. You could lose your right to workers’ compensation benefits if you do not report the injury to your employer within 30 days.
Your doctor will determine whether you can return to work while you recuperate from your injuries. You should qualify for cash benefits if you are out of work for more than seven days. Cash benefits compensate you for your lost wages.
You can receive two-thirds of your average weekly wage up to the maximum benefit amount. The maximum temporary total disability benefit amount is adjusted each year on July 1.
If you can return to work but cannot earn as much as before your accident, you may receive temporary partial disability benefits. This amount equals two-thirds of the difference between what you earned before your injury and what you can earn while you recover from your injury.
When Can I Receive Permanent Disability Benefits for a Workplace Injury?
When your doctor determines you have reached maximum medical improvement, they will give you an impairment rating. An impairment rating of “0” means you did not sustain any permanent disability or impairment. Anything above zero means you have a permanent disability.
Permanent total disability payments are made each week. The amount equals two-thirds of your average weekly wage. There is no limit on the number of weeks you can receive permanent total disability benefits.
The state sets minimum and maximum amounts of permanent disability benefits.
If your impairment rating is below 100%, you can receive permanent partial disability benefits. The amount equals two-thirds of your average weekly wage times the impairment rating. Therefore, if you earn $600 each week and your impairment rating is 50%, your permanent partial disability benefits would equal $300 per week.
The permanent partial disability benefits depend on whether your impairment is a scheduled loss of use (SLU) or non-scheduled loss of use. The number of weeks you receive partial disability benefits depends on the body part impaired and the impairment rating issued by your doctor.
What Are Supplemental Benefits?
You might be entitled to supplemental benefits if you are permanently disabled because of a workplace injury. Supplemental benefits are available to two types of individuals:
- A person who was permanently and completely disabled before January 1, 1979
- A person whose spouse died before January 1, 1979, because of a work-related injury
Supplemental benefits are paid when a person requires additional compensation even though they receive weekly cash benefits for a permanent disability.
Schedule a Free Consultation With Our New York Workplace Accident Law Firm at Rosenbaum & Rosenbaum, P.C.
Work-related injuries can result in permanent disabilities and impairments. We want to help you receive the benefits you deserve and need after a workplace accident. Call our law office to schedule a free consultation with an experienced NYC permanent disability lawyer.