Workers’ Compensation Benefits

If you were injured at work, the law allows you to claim benefits for your medical treatment and lost wages. New York workers’ compensation lawyer Richard R. Rowe can help you if you were hurt on the job. Mr. Rowe has represented individuals in their workers’ compensation claims since 1996, and can help you seek compensation for your work-related injuries. Call us today to discuss your case.

MEDICAL TREATMENT

A person injured at work is entitled to receive medical treatment for their injury. The Workers’ Compensation Law aims to provide an injured worker with compensation for medical treatment that is specifically related to their claim. Benefits for medical treatment can include:

• Emergency room and doctor visits
• Hospital stays
• Diagnostic testing
• Physical therapy
• Surgery
• Reimbursement for transportation costs to/from medical appointments

While benefits for medical treatment can vary, the Workers’ Compensation Board made certain changes to the law in 2007 regarding treatment guidelines. The goal was to get injured workers to work sooner by speeding up their medical care, and to curtail unnecessary medical costs. As a result, some of the treatment your doctor requests may not be granted.

LOST WAGES

An injured worker may also be entitled to either current or future lost wages under the Workers’ Compensation Law. Lost wages can be provided to injured employees who:

• Are out of work due to a work-related injury;
• Have a reduced earning capacity due to a work-related injury; or
• Suffered work-related injuries to their extremities even if they do not lose a day from work. This is called a “Schedule Loss of Use” award, and it based on the premise that the injury to the extremity will at some point cause a loss in earnings to the claimant.
  The amount of lost wages you can claim depends on the extent of your disability (total or partial) and on your average weekly wage during the 52 weeks before the incident that caused your injuries. A total disability means that you cannot perform any job, not just your job. If you are totally disabled, you are entitled to 2/3 of your average weekly wage, up to the maximum allowed by law, which is currently $800 per week. For example, if you are totally disabled and earned an average of $600 a week before your accident, you are entitled to $400 a week. If you earned more than $1,200, then you get the maximum of approximately $800.
  A partial disability means you cannot perform your job, but are able to perform another. In this case, you would be entitled to a percentage of 2/3 of your average weekly salary up to the maximum if you are a high earner.

WHAT THE LAW DOES NOT COVER

New York workers’ compensation law does not provide job protection or health insurance. If your injury prevents you from performing your job, your employer may terminate your employment. You may have other protections, such as rights under a union or employment contract, or other state or federal laws, but the workers’ compensation law does not protect you from losing your job.

This law also does not provide health insurance. If you were covered by a company health insurance, and lose your job because of your injury, workers’ compensation does not provide new insurance. It only covers medical treatment for the injuries related to your workers’ compensation claim. Working with an attorney with experience in workers’ compensation will greatly increase your chances of receiving the medical and financial benefits you need.

WORKERS’ ADVOCATE COMMITTED TO YOU

New York worker’s compensation attorney Richard R. Rowe can help you claim benefits for your work-related injuries. Mr. Rowe has spent years representing clients in their workers’ compensation claims. He is dedicated to providing his clients with individualized service. He will prepare your claim, work with healthcare providers, and represent you in appeals as needed to fight for the compensation you deserve. For a free consultation, call us today at (631) 285-6500 or contact us online.

• Filing a Workers’ Compensation Claim
• Hiring a Workers’ Compensation Attorney