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New York Workers Compensation - Employee Benefits

Workers compensation employee benefit information for the State of New York

New York Workers Compensation Medical Benefits -

  • Necessary medical care is provided no matter how short or how long the length of the disability. The injured or ill worker who is eligible for workers' compensation will receive necessary medical care directly related to the original injury or illness and the recovery from his/her disability. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency situation.

Who Chooses the Physician for Injured Workers in New York -

  • The Workers' Compensation Law allows insurance carriers and self-insured employers to contract with New York State Health Department certified Preferred Provider Organizations (PPOs) to provide services, to diagnose, treat and rehabilitate an injured or ill worker requiring medical treatment. PPOs are required to make available at least two providers in every medical specialty and two hospitals. An injured worker is required to seek initial treatment with a provider affiliated with the PPO however, after initial treatment, he/she may select any authorized provider outside the PPO 30 days after the initial treatment.

New York Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first work day off the job. Necessary medical care is provided no matter how short or how long the length of the disability.
    • An Injured worker's wage paid is 66 2/3% of the workers average weekly wage.
    • The weekly payment minimum is $100 or the actual workers wage if it is less.
    • The weekly maximum is $600 and will be 2/3 of the New York state average weekly wage in the future.
    • Maximum period of payments is the length of disability.

  • Permanent Total Disability (PTD) Benefits:
    • An Injured worker's wage paid is 66 2/3% of the workers average weekly wage.
    • The weekly payment minimum is $100 or the actual workers wage if it is less.
    • The weekly maximum is $600 and will be 2/3 of the New York state average weekly wage in the future.
    • Maximum period of payments is the length of disability.

  • Permanent Partial Disability (PPD) Benefits:
    • An Injured worker's wage paid is 66 2/3% of the workers average weekly wage.
    • The weekly payment minimum is $100 or the actual workers wage if it is less.
    • The weekly maximum is $600 and will be 2/3 of the New York state average weekly wage in the future.
    • Maximum period of payments is based on the amount of disability which ranges from 225 weeks for a 15% rated disability to 525 weeks for a 99% rated disability.


New York Workers Death/Dependency Benefits -

  • If the New York worker dies from a compensable injury, the surviving spouse and/or minor children, and lacking such, other dependents as defined by law, are entitled to weekly cash benefits. The amount is equal to two-thirds of the deceased worker's average weekly wage for the year before the accident. The weekly compensation may not exceed the weekly maximum, despite the number of dependents.
  • If there are no surviving children, spouse, grandchildren, grandparents, brothers or sisters, parents or grandparents entitled to compensation, the surviving parents or the estate of the deceased worker may be entitled to payment of a sum of $50,000. Funeral expenses may also be paid, up to $6,000 in Metropolitan New York counties; up to $5,000 in all others.


New York workers Compensation Attorney Fees -

  • New York Workers Compensation Law Judges may assist a worker not represented by an attorney. An attorney may be desirable if the issues are complicated. Attorney's fees are deducted from the claimant's award, as determined by a New York Workers' Compensation Law Judge. A claimant must not pay an attorney directly.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://www.wcb.state.ny.us/content/main/onthejob/wcBenefits.jsp



Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


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