What Does Workers’ Comp Cover In New York?

A common question many injured construction workers have is, "What does workers' comp cover?" This isn't particularly surprising, especially when you consider that many injured workers are no longer able to earn a paycheck and often face extensive medical treatment.

There are three main benefits covered by workers' compensation in New York, including:

  • Cash benefits: Workers' comp typically provides cash benefits to injured workers based on their degree of disability and average weekly pay for the previous year. Specifically, cash benefits typically equal two-thirds of the workers' average weekly pay, multiplied by their disability percentage. However, there is also a cap placed on the amount of cash benefits an injured worker may receive — meaning high-wage earners may not even receive two-thirds of their pay.
  • Medical benefits: Injured workers are also entitled to receive necessary medical care directly linked to their work-related injury or illness.
  • Death benefits: If a worker dies from a work-related accident, then his or her family will be entitled to death benefits, which can vary depending on the circumstances.

Injured In A Construction Accident? Make Sure To Maximize Your Recovery.
The catastrophic injury attorneys at Edelman & Edelman, P.C., can help you pursue every legal option available under New York law following a serious construction accident. Contact us today and learn more about your legal rights. You can reach us online or by phone at 212-235-1197.
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Is Worker' Comp My Only Option?

While many injured workers want to know what workers' compensation benefits cover, they should also be asking what it doesn't cover. The answer: A lot!

For example, workers' comp will not compensate you for the pain and suffering you had to endure because of your work-related injury, not to mention that workers' compensation only covers a percentage of your lost wages. In addition, many workers' compensation benefits may stop after only a few years.

However, just because something isn't covered by workers' comp doesn't mean you aren't entitled to it under the law. In fact, if your injury was caused by a third party or a safety violation by a contractor or property owner, you may be able to seek compensation by filing a third-party claim.

Not only is a third-party claim different from workers' compensation, but you can use a third-party claim to collect 100 percent of your lost wages as well as damages for pain and suffering. You can also seek compensation to cover all of your future medical expenses — thereby ensuring you have what you need to deal with your injury for the rest of your life.

Pursuing a third-party claim can be quite complex, however, especially when you take into account that a possible workers' comp settlement can impact your third-party lawsuit. This is why you should always speak with a catastrophic injury attorney before a workers' compensation lawyer. Simply put, both cases need to be coordinated in order to maximize your recovery.