Workers' Compensation Benefits in New York
Protect Your Right to Benefits After a Work-Related Injury or Illness
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. In New York, workers' compensation benefits are comprehensive, and are designed to support workers during their recovery, allow them to maintain financial obligations when they’re unable to work, and help them return to work when possible.
At the Harris Firm, LLC, our award-winning workers’ compensation team helps workers across Queens and New York City following all types of work accidents and injuries. From filing a workers’ compensation claim to appealing a denial, the work we do is intended to help clients secure these vital benefits.
We encourage any injured worker with questions about New York workers’ compensation benefits to reach out to our team for a FREE consultation. We can help you better understand the available benefits in New York and what benefits you may be eligible to receive. Call (212) 487-8669 or contact us online to get started.
Medical Benefits Under Workers’ Compensation
Workers who suffer injuries in the course of their employment are entitled to benefits that provide coverage for all medical treatment required to cure or relieve the effects of the injury or illness.
In New York, workers’ compensation medical benefits can cover:
- Emergency care, emergency transport, and hospitalization
- Testing, lab services, and other treatment and therapies
- Surgery, chiropractic care, and physical therapy / rehabilitation
- Dental care and optometry
- Prescription medications and medical / assistive devices
While being able to obtain medical care is vital to helping workers recover and repair their lives, there are some important limitations and things to keep in mind. For example:
- Authorized Providers Only. Except for emergency care, all treatment obtained in connection to a work-related injury or illness must be provided by a health care professional who is authorized by the NY Workers’ Compensation Board to treat injured workers. If you have a specific doctor or specialist you have used and liked in the past, you must use the Workers’ Compensation Board’s Health Care Provider and IME Search tool to ensure that they are authorized to provide covered care, otherwise any treatment you obtain will be at your own expense. In some cases, injured workers may be able to obtain care from providers who are part of their employer’s
Preferred Provider Organization (PPO) program. - Reasonable and Necessary. Workers’ compensation only covers care that is considered “reasonable and necessary” for the treatment of a worker’s injury and symptoms. Sometimes, workers’ compensation insurers will argue that certain care was not reasonable or necessary to avoid paying for those services or to pay only for an undisputed portion of a medical bill.
- Travel Expenses. Workers who incur costs to travel to medical appointments may seek reimbursement for mileage, public transportation, and other related expenses. If you incur these types of expenses when treating a work injury, be sure to save all receipts so that you can submit them to the workers’ compensation insurer.
Workers’ Comp Benefits For Lost Wages
If you were injured on the job, you are entitled to benefits that cover a portion of your lost wages when either (or both) apply:
- The work injury prevents you from working for more than seven days.
- Your income is reduced because your injury has forced you to work fewer hours or do other work.
While medical care benefits are available regardless of how short or long your injury keeps you out of work, you must have a total or partial disability that prevents you from working for more than seven days to receive lost wage benefits.
Here are some important details about lost wage benefits:
- You cannot collect lost wage benefits if your employer continues to pay you while you are out of work due to your injury.
- Lost wage benefits are not paid for the first 7 days of disability unless the disability extends beyond 14 days. If your disability lasts longer than 14 days, you can then receive lost wage benefits from the first workday you missed.
- If the workers’ compensation insurer approved your claim, payments will begin within 18 days of the date you were injured, or within 10 days of the date your employer learned of your injury, whichever is later.
- If the workers’ comp insurer disputes your claim, you will need to wait for a judge to review the matter and direct the insurer to pay benefits. While you are waiting for a decision, you can collect disability benefits that will be deducted from any award for lost wages you later receive.
- If you work for more than one employer (known as dual or concurrent employment), you may be able to include salaries from all jobs when calculating your average weekly rate.
- If your work injury prevents you from earning the same income you earned prior to the injury, you may be entitled to benefits that cover two-thirds of the difference between your current and pre-injury average weekly wage.
Your Experience Matters to Us
-
“I am very grateful I got referred to Harris Law Firm for my workers' compensation case. M. Richard Harris is doing an excellent job working on my case; his paralegals have my best interests at heart.”- Freddie L.
-
“Mr. Harris handled my case perfectly. I know that I can rely on him and his team. They have been very attentive, calling my medical facility to follow up on my treatment and assisting me whenever I have any questions.”- Saidou K.
-
“I changed my attorney to Mr. Harris, and it was the best decision I've made. I highly recommend this attorney; he is very well-experienced and very informative. He helped me get paid!”- Genesis A.
