Workers' Compensation

People who are injured in the course of a job may be able to obtain benefits by bringing a workers’ compensation claim. Although workers’ compensation was intended to make it easier for employees to obtain remedies for work-related injuries, in practice, it can be difficult to get the benefits that you need. Insurers sometimes look for reasons not to pay medical bills, or deny other benefits. If you need to file a workers’ compensation claim in New York, you should consult the Law Offices of Stewart A. McMillan. Our White Plains workers’ compensation lawyers offer a hands-on approach, and we also will look at the circumstances to determine whether you can seek compensation in a third-party lawsuit.

The New York State Workers’ Compensation Law governs workers’ compensation claims. Benefits may be available if you were injured in the course of a job, whether you were in an accident that involved falling from heights, equipment misuse, a slip and fall, falling debris, or a motor vehicle collision.

Through workers’ compensation insurance, you may be able to obtain reasonable and necessary medical treatment, as well as medical mileage reimbursement. You can obtain partial wage replacement if you need to take off more than seven days due to work-related injuries. You cannot obtain the benefits for those first seven days, except if you are unable to work for more than 14 days, in which case those benefits for the first seven days will be paid retroactively. The amount of the temporary disability benefits hinges on how much your average weekly earnings in the year prior to your injury were. It is also determined by the extent of your disability. A workers’ compensation attorney in White Plains can explain how your benefits may be calculated.

If you are fully but temporarily disabled, your temporary disability benefits will be two-thirds of your average weekly wage, up to a certain amount. What if your disability is partial and temporary? In that case, there are two methods of calculation. First, if your temporary disability level is below 100%, you will get an amount equal to two-thirds of your average weekly wage multiplied by the percentage to which you are disabled. If you can work, but you earn less because of the work-related injury, you may be able to obtain two-thirds of the difference in wages.

At some point, your medical condition will stabilize, such that it will not improve even if you are treated further. This stabilization is known as maximum medical improvement. Once you get to that point, your health care provider will look at whether you have permanent restrictions on your ability to work. If your provider determines that you are fully disabled, you can get two-thirds of your average weekly wage as permanent total disability benefits for as long as you are disabled. Your White Plains workers’ compensation attorney can help you seek the full extent of the benefits to which you are entitled.

What if you have some limitations, but you are not fully disabled? There are different methods used to calculate permanent partial disability benefits. One method is through reference to a schedule for various body parts. In that case, you get two-thirds of the average weekly wage multiplied by the percentage of your loss of use. Another method of calculating these benefits is looking at two-thirds the difference between your average weekly wage and your current earning ability. The number of weeks for which you get these benefits depends on the percentage of your lost earning capacity, based on a certain formula.

If you were disfigured by a work-related injury, you may be able to obtain an additional award for disfigurement. Other benefits include vocational rehabilitation and death benefits. If your spouse or parent dies due to a work-related injury, you may be able to obtain death benefits, according to a formula based on the number of children who survived.

Workers’ compensation claims can be difficult to establish. Insurers may look for reasons to deny necessary benefits. If you are concerned about obtaining the full amount of workers’ compensation benefits to which you are entitled, you should consult Stewart A. McMillan. We represent workers in New York City, Westchester County, and Southern Connecticut. Call us at 914.358.4326 or contact us via our online form for a free consultation.