When an employee is injured in a New York work-related accident, the worker is entitled to receive workers’ compensation benefits. These benefits will reimburse the injured worker for a certain portion of lost wages and pay for reasonable and necessary medical care and treatment. The injured worker is entitled to these benefits regardless of who may be at fault for the accident.
A claim for workers’ compensation is a time sensitive claim. In New York, a claim for workers’ compensation benefits must be filed within two years from the date of the injury or disablement from an occupational disease. In the case of an occupational disease where the worker did not at first know the disease was work-related, the claim may be filed within two years after the disabled employee first knew, or should have known, that the disease was work-related. The failure to timely file a workers’ compensation claim will forever bar the injured employee from making a claim for the on-the-job injury and she will lose all of her right to benefits.
An injured New York worker must also notify her employer in writing about the accident within 30 days after the accident, or the injured employee may lose her rights to workers’ compensation benefits. The New York State Workers’ Compensation Board advises that an employee injured in a job-related accident to notify her supervisor as soon as possible after an accident. This notice must be in writing, must describe how the accident occurred and the nature of the injury sustained, and must be made within 30 days after the date of the accident causing the injury.
In order to make a claim for workers’ compensation benefits with the Workers’ Compensation Board, the employee must file a form known as a “C-3” with the Board. Usually, the employees attorney will file the C-3 for the injured party.
Benefits
The benefits an injured New York worker are entitled to are as follows:
Cash Benefits
Under the New York Workers’ Compensation Law, a worker or employee who sustains an injury while working or on-the-job may be entitled to certain cash benefits if he or she becomes disabled from work.
Cash benefits are not paid for the first seven days of the disability, unless the disability extends beyond fourteen days. The disabled worker may then receive cash benefits from the first work day off the job.
An injured worker who is totally or partially disabled and unable to work for more than seven days will receive cash benefits based on her average weekly wage for the previous year.
The Workers’ Compensation Board uses the following formula to calculate the weekly cash benefit:
2/3 x average weekly wage x % of disability = weekly benefit
The weekly benefit cannot exceed the following maximums, which are based on the date of accident. The current maximum benefit is $739.83 per week.
The Schedule of Benefits is as follow:
| Schedule of Benefits | |
| Date of Accident | Weekly Maximum Total / Partial |
| July 1, 1985 – June 30, 1990 | $300 / $150 |
| July 1, 1990 – June 30, 1991 | $340 / $280 |
| July 1, 1991 – June 30, 1992 | $350 / $350 |
| July 1, 1992 – June 30, 2007 | $400 / $400 |
| July 1, 2007 – June 30, 2008 | $500 / $500 |
| July 1, 2008 – June 30, 2009 | $550 / $550 |
| July 1, 2009 – June 30, 2010 | $600 / $600 |
| July 1, 2010 – June 30, 2011 | $739.83 / $739.83 |
| July 1, 2011 – June 30, 2012 | $772.96 / $772.96 |
| July 1, 2012 – June 30, 2013 | $792.07 / $792.07 |
| July 1, 2013 – June 30, 2014 | $803.21 / $803.21 |
| July 1, 2014 – June 30, 2015 | $808.65 / $808.65 |
| July 1st of each succeeding year | 2/3 of NYSAWW* |
Supplemental benefits were made available to claimants thought to be most affected by rising costs. The combination of weekly benefits, death benefits and supplemental benefits cannot exceed $215/wk. This is the rate that was in effect on January 1, 1979.
Two categories of claimants/beneficiaries are eligible for supplemental benefits by making application to the Board:
Claimants classified permanently and totally disabled as the result an injury or disability incurred on the job prior to January 1, 1979;
Widows or widowers receiving death benefits as the result of the death of their spouse occurring prior to January 1, 1979.
To apply for supplemental benefits, file an SC-4 Form. An administrative determination will follow, if appropriate. To get a form, call 518-486-3361.
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. You can find out more information about authorized providers and locate authorized providers in the Injured Workers or Health Care Providers sections of this website or by calling 1-800-781-2362. There are certain exceptions where insurance carriers or self-insured employers can direct medical treatment for the injured worker as described below:
Some injured or ill workers may require diagnostic tests, x-ray examinations, magnetic resonance imaging (MRI) or other radiological examinations or tests. As of March 13, 2007, insurance carriers, which includes self-insured employers and the State Insurance Fund, are authorized to contract with a legally and properly organized diagnostic networks to perform diagnostic tests, x-ray examinations, magnetic resonance imaging or other radiological tests or examinations or tests. In addition, insurance carriers may require claimants to obtain or undergo such diagnostic tests with a provider or at a facility that is affiliated with the network the carrier has contracted with, except when a medical emergency exists requiring an immediate diagnostic test or if the network does not have a provider or facility able to perform the diagnostic test within a reasonable distance from the claimant’s residence or place of employment. The insurance carrier must notify claimants of the name and contact information for the network it has contracted with and is requiring claimants to use at the same time the written Statement of Claimant’s Rights is sent or immediately after imposing the requirement if the time to send the Statement of Claimant’s Rights has passed. Injured or ill workers should notify their medical providers if they receive notice that the insurance carrier requires the use of a network provider or facility for diagnostic tests.
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.
The Workers’ Compensation Law also allows, by negotiated labor agreement, a non-Workers’ Compensation Board adjudication claim process called the Alternate Dispute Resolution(ADR) system for employers and employees in the unionized construction industry. Injured workers covered by the ADR program are required to obtain medical treatment from medical providers participating in the ADR program.
Beginning July 11, 2007, when a claimant or pharmacy submits a claim to an insurance carrier for payment or reimbursement of the cost of prescribed medicine for the work related injury or illness, the insurance carrier must pay the amount set forth in the Pharmacy Fee Schedule within 45 days of receipt of the claim, unless the claim has not been established or the prescribed medicine is not for a casually related condition. If the claim is not established or the prescribed medicine is not for an injury or illness related to the work accident or disease, the insurance carrier must pay any undisputed portion and notify the injured or ill worker or the pharmacy in writing within 45 days of receipt of the claim that the claim is not being paid, why it is not being paid and requesting any additional information needed to establish the claim.
Also, beginning July 11, 2007, insurance carrier may contract with a pharmacy or pharmacy network to provide prescribed medicines to injured or ill workers and may require injured or ill workers to obtain their prescribed medicines from such pharmacy or pharmacy network. The only exceptions are when a medical emergency occurs and it is not reasonably possible to obtain immediately required prescribed medicines from such pharmacy or pharmacy network or the pharmacy or pharmacy network does not offer mail order service and do not have a physical location within a reasonable distance from the claimant. If an insurance carrier requires injured or ill workers to use the pharmacy or pharmacy network it has a contract with, it must provide the injured or ill workers with notice which includes the contact information for the pharmacy or pharmacy network and instructions on how to obtain prescribed medicines.
The cost of necessary medical services is paid by the employer or the employer’s insurance carrier, if the case is not disputed. The health care provider may not collect a fee from the patient. When appropriate, claimants will be awarded reimbursement for automobile mileage to and from a health care provider’s office.
Health care providers may request that injured workers sign form A-9. This form is meant to provide notice to the injured worker that he or she may be responsible to pay the medical bills if the Workers’ Compensation Board disallows the claim or the injured worker does not pursue the claim.
If the 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.
A worker who becomes seriously disabled, either permanently or for a continuous period of not less than 12 months, as a result of a medically determinable physical or mental impairment may be entitled to the payment of monthly Social Security benefits.
New York City Workers’ Compensation Attorney
If you or a loved one has been hurt in a job-related accident, we understand the hardships you are forced to suffer. We know the law and how best to protect your interests. We will explain all of your rights and options to you. With our experienced New York City workers’ compensation and disability attorneys, we will ensure that you get all of the workers’ compensation benefits you are entitled to receive under the law.
We will also conduct a complete and timely investigation of the cause of the accident to determine whether a third-party was responsible. If it is determined that a third-party was at fault for the accident, we will establish a third-party claim and will seek to get you the maximum compensation you deserve for your pain and suffering, lost wages, medical expenses, and other damages. We know how to fight for the rights of workers who are injured on-the-job.
Personal injury law is all we do. We know how to get results!
Contact Us
If you or a loved one has been injured in a New York on-the-job accident, we will fight for your rights. Call Mr. DiMartini directly at 1-855-428-7322. You can also contact us online. The consultation is free. There is never a fee unless we win your case!
