The Dearie Law Firm, P.C., is partners with the Workers’ Compensation Law Firm of Dearie, Riordan & Donohue, LLP. The attorneys at Dearie, Riordan & Donohue, LLP, have significant experience handling Workers’ Compensation cases for any type of on-the-job injuries. To speak to an experienced New York work injury attorney, Contact Us or call 1-800-2-DEARIE.
Under New York Workers’ Compensation Law, an employee injured while working is entitled to be compensated for any medical expenses and a percentage of his salary if he is forced to miss work. However, the injured worker is barred from suing his employer for his work-related injuries.
Time Requirements of Filing a Workers’ Compensation claim
Immediately after the accident, you should tell your employer or supervisor how, when, and where you were injured, and you should obtain medical treatment.
As soon as possible, but within 30 days, you must submit written notice to your employer that you were injured.
Employer notifying Workers’ Compensation Board
Within 10 days of being notified of your injury, your employer must notify the Workers’ Compensation Board and the insurance company.
Insurance company contacting injured worker
Within 14 days of being notified by your employer of your injury, the insurance company must provide you with a written statement of your rights under Workers’ Compensation Law.
Insurance company payments to you
Within 18 days of notification by your employer of your injuries, the insurance company must begin payment of benefits to you, if your lost time from work exceeds seven (7) days.
Filing “Employee Claim” Form with Workers’ Compensation Board
Within two (2) years of the date of your on-the-job accident, or within two (2) after you knew or should have known that your injury or illness was related to employment, Form C-3 must be filed with the Workers’ Compensation Board.
The information submitted in Form C-3 cannot be changed after submission. It is therefore very important that you speak to a Workers’ Compensation lawyer before Form C-3 is submitted.
Maximum Number of Weeks You Can Receive Benefits
If your work-related accident or date of disability occurred on or after March 13, 2007, the maximum number of weeks you can receive Workers’ Compensation benefits is as follows:
500 weeks for loss of wage earning capacity of greater than 90% thru 95%
475 weeks for loss of wage earning capacity of greater than 85% thru 90%
450 weeks for loss of wage earning capacity of greater than 80% thru 85%
425 weeks for loss of wage earning capacity of greater than 75% thru 80%
400 weeks for loss of wage earning capacity of greater than 70% thru 75%
375 weeks for loss of wage earning capacity of greater than 60% thru 70%
350 weeks for loss of wage earning capacity of greater than 50% thru 60%
300 weeks for loss of wage earning capacity of greater than 40% thru 50%
275 weeks for loss of wage earning capacity of greater than 30% thru 40%
250 weeks for loss of wage earning capacity of greater than 15% thru 30%
225 weeks for loss of wage earning capacity of 15% or less.
Workers’ Compensation Disability Classifications
Your health care provider will determine the extent of your disability due to your injuries. There are four (4) disability classifications:
- Temporary Total Disability – Your wage-earning capacity is lost totally, but only on a temporary basis.
- Temporary Partial Disability – Your wage-earning capacity is lost only partially, and on a temporary basis.
- Permanent Total Disability – Your wage-earning capacity is permanently and totally lost.
- Permanent Partial Disability – Part of your wage-earning capacity has been permanently lost.
Workers’ Compensation Benefits
If you are deemed totally or partially disabled and are unable to work for more than seven (7) days, you will receive cash benefits.
The amount that you receive is based on your average weekly wage for the previous year. This is the formula used to calculate compensation benefits for workers in New York:
2/3 average weekly wage x % of disability = weekly benefit
Example 2: Injured worker was earning $500 per week before his accident and is 50% disabled. That worker would receive $166.67 per week.
The maximum weekly dollar benefit amount is adjusted on July 1st of every year. The figure is based on the New York State Average Weekly Wage for the previous calendar year.
Currently, through June 30, 2018, the maximum weekly benefit is $870.61.
The following is the Schedule of Benefits recognized by the New York State Workers' Compensation Board. The first dollar amount listed applies to qualified individuals with total (100%) disability; the second amount is for partially disabled persons.
|Date of the Accident||Maximum Weekly Benefit|
Total / Partial
|July 1, 2017 through June 30, 2018||$870.61 / $870.61|
|July 1, 2016 through June 30, 2017||$864.32 / $864.32|
|July 1, 2015 through June 30, 2016||$844.29 / $844.29|
|July 1, 2014 through June 30, 2015||$808.65 / $808.65|
|July 1, 2013 through June 30, 2014||$803.21 / $803.21|
|July 1, 2012 through June 30, 2013||$792.07 / $792.07|
|July 1, 2011 through June 30, 2012||$772.96 / $772.96|
|July 1, 2010 through June 30, 2011||$739.83 / $739.83|
|July 1, 2009 through June 30, 2010||$600 / $600|
|July 1, 2008 through June 30, 2009||$550 / $550|
|July 1, 2007 through June 30, 2008||$500 / $500|
|July 1, 1992 through June 30, 2007||$400 / $400|
|July 1, 1991 through June 30, 1992||$350 / $350|
|July 1, 1990 through June 30, 1991||$340 / $280|
|July 1, 1985 through June 30, 1990||$300 / $150|
No Need to Show Fault
Unlike in a Third-Party Lawsuit, a worker injured in the course of his employment DOES NOT have to show that it was someone’s fault that he was injured in order to receive Workers’ Compensation benefits. If a worker is injured while working and is forced to miss work, he is entitled to Workers’ Compensation benefits.
Difference Between a Workers’ Compensation Claim and a Third-Party Lawsuit
A Workers’ Compensation claim is not a lawsuit. No one is being sued. Rather, it is a claim to the State Workers’ Compensation Board. This is in contrast to a Third-Party Lawsuit, in which a specific person or business is being sued. The box below explains some of the main differences between a Workers’ Compensation claim and a Third-Party Lawsuit.
It is important to contact a New York work injury attorney as soon as possible after an on-the-job accident. As explained above, there are several important deadlines to meet under Workers’ Compensation law.
If you or someone you know was injured in the course of their employment, you should speak to one of our experienced New York City workers' compensation lawyers at Dearie, Riordan & Donohue, LLP. Contact Us or call 1-800-2-DEARIE. As a premier job injury New York law firm, we have helped many workers obtain compensation benefits for their pain and suffering.