How Do New York State’s New Permanency Guidelines Affect My Case?

At Silverman, Silverman & Seligman, P.C., we strive to put clients at ease that we will handle all aspects of their Workers' Compensation claim. While they recover, we attend to every detail while serving as a vital source of information. Our clients have concerns and questions. We answer them in an effort to give them peace of mind.

Updated guidelines have led to uncertainty regarding New York State's new permanency guidelines and its effect on our clients' cases.

Permanent Partial Disability Classification

Prior to January 1st, 2012, a permanent injury to the neck or back resulted in a permanent partial disability classification. The degree or extent of that disability determined the compensation for those out of work. Doctors made determinations based on 1996 guidelines and concluded mild, moderate or marked partial disability.

While the percentage loss has not changed, new workers' compensation guidelines require extremely detailed information based upon:

  • Functional evaluations
  • Motion restrictions
  • Test results
  • Objective observations
  • Surgery results
  • X-ray reports

While doctors still determine a patient's ability or inability to do certain things, they must now fill out detailed forms, charts and graphs to back up their diagnoses. An injured victim's age, education level, language ability, professional skills and the transferability of skills are also components that make cases even more challenging.

At Silverman, Silverman & Seligman, P.C., we help clients through the complexities of these cases and pursue the compensation they deserve based on the actual extent of their injuries.

If you have experienced a work-related injury, you can talk with one of our experienced Schenectady Workers' Compensation lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney. We are located just north of Albany.