New York Workers Compensation Benefits

If you are a New Yorker who is injured at work in a job-related accident, you probably know that you are entitled to receive workers compensation benefits, but do you know what those benefits are? Do you understand the process and what you need to do first?

At the law firm of Bisogno & Meyerson, LLP, our Staten Island and Brooklyn workers compensation attorneys want to help make sure that you receive the benefits your employer is required, by law, to supply and that you, as an employee, have earned the right to receive.
While not intended to replace the advice of an attorney on your specific case, here are some answers to questions we get from our workers compensation clients. Our workers compensation lawyer in Brooklyn will be happy to discuss your options and tell you more about your benefits during your free consultation. To schedule yours, please contact us online or call our office at 718.745.0880.
New York workers comp benefits FAQs:

 

  • If I have been disabled, what benefits are provided to me?
  • Can I choose my own physician?
  • In the event of death, what benefits are available?
  • What special federal statutes may apply to my situation?
  • Do I have other compensation options?

If I have been disabled, what benefits are provided to me?

Depending on the extent of your injury, you may be entitled to either temporary total disability (TTD), permanent partial disability (PPD) or permanent total disability (PTD). Each is based on a percentage of your wages and has a maximum weekly payment amount. In addition, you are entitled to full medical benefits, which may include physical therapy, vocational rehabilitation therapy and other medical services.

Can I choose my own physician?

Yes, as long as your physician is authorized to treat worker’s compensation patients. The New York Workers’ Compensation Board keeps a list of authorized doctors.
In the event of death, what benefits are available?

In addition to a funeral allowance, the surviving spouse and children are entitled to receive a percentage of the worker’s wages. The total amount is subject to a cap.

What federal statutes may apply to my situation?

You may be entitled to additional benefits under the Jones Act if you are employed on a U.S.-flagged ship and your employer’s negligence caused your injury. Other classes of workers who are provided with additional protection include certain private maritime employees under the Longshore and Harbor Workers Compensation Act (LHWCA), railroad workers under the Federal Employee Liability Act (FELA), and miners under the Black Lung Benefits Act.

Do I have other compensation options?

Yes. In addition to workers compensation, you may be able to file a personal injury claim. In the event that a contractor or someone other than your employer was at least partially to blame for your injury, you may also be eligible to file a third-party workers comp claim.