How Long Will I Receive Workers’ Compensation Benefits?

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).

The lawyers at Silverman, Silverman & Seligman, P.C., in Schenectady, have experience in workers’ compensation and SSDI. 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.

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.


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 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.

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.