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How Long Will I Get Workers' Compensation Benefits?

New York Workers' Compensation Limits

The year 2007 brought bad news to injured New York workers receiving Workers' Compensation benefits. Until that time, many workers who were permanently disabled were eligible to receive benefits for the length of their injuries — permanently. In 2007, this changed, and New York became a "capped state." Now there are caps on the amount of time that injured New York workers can receive permanent disability benefits. Now, ironically, injured workers in New York receive "permanent" disability benefits temporarily.

These benefit caps make it especially important for you to talk with an experienced Workers' Compensation attorney. You need to consider all possible forms of compensation, including Social Security Disability Insurance (SSDI). We have experience in Workers' Compensation and SSDI, and we have a thorough understanding of the complications involved with the intersection between Workers' Compensation and SSDI. We can help you obtain the maximum benefits available for your injuries.

How Long Will I Get Workers' Compensation Benefits? Workers' Compensation Benefit Caps

There are two kinds of permanency: scheduled loss of use and classification.

Scheduled Loss of Use

Scheduled loss of use permanency involves injuries to or loss of members or body parts. If you have a permanency to a member, like an arm or a toe, it is called a scheduled loss of use. Each body part has a certain number of weeks attached to it for purposes of calculating the duration of workers' comp benefits.

Classification

Injuries with permanency not involving a specific member of the body — like spine and neck injuries — are called classifications. Before 2007, the Workers' Compensation judges would determine the extent that a worker's classification hindered the ability to work. The injured worker would then be compensated to that percentage for as long as the injuries lasted, even if that was permanent.

Now these benefits are capped. They stop after a fixed amount of time, leaving injured workers without the full extent of the benefits they need.

Talk to one of our experienced Workers' Compensation attorneys about the New York permanent disability cap on Workers' Compensation benefits. We can help you find alternative sources of compensation to maximize your disability benefits.

Contact a Capital District Attorney ∙ Free Consultations

We serve clients in Schenectady, Troy, Albany, Queensbury, Saratoga, Amsterdam, Glens Falls, and the entire Capital District. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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Frequently Asked Questions
  • What do I need to show to obtain Workers Compensation benefits?


    In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.
  • If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?


    If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.
  • Am I required by law to have an attorney?


    No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.
  • The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?


    This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.
  • Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?


    Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.
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Silverman, Silverman & Seligman, P.C., is located in Schenectady and serves clients from Albany, Colonie, Guilderland, Cohoes, Watervliet, Glens Falls, South Glens Falls, Hudson, Troy, Queensbury, Saratoga Springs, Amsterdam, Gloversville, Johnstown, Cobleskill, Middleburgh and Menands as well as Schenectady County, Saratoga County, Albany County, Rensselaer County, Montgomery County, Fulton County, Schoharie County, Greene County, Columbia County and Warren County in upstate New York and the Capital District.