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.
Se habla Español | Mowimy po Polsku
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.
- Construction Accidents
- Ladder And Scaffolding Injuries
- Falls From Heights
- 3 Things Workers Should Know About New York’s Scaffolding Law
- Crane Accidents
- Aerial Lift Accidents
- Failure To Provide Vertical Passage
- Falling Objects
- Holes And Trenches
- New York Labor Code 241: The Basics
- Power Tools And Electrical Injuries
- Top 4 Causes Of Construction Accidents
- New York Workers’ Compensation Claims
- What Does Workers’ Comp Cover In New York?
- Personal Injury Claim Vs. Workers’ Comp
- Can You Sue Your Employer For Work-Related Injuries?
- 3 Reasons To Talk To A Personal Injury Lawyer Before A Workers’ Comp Attorney
- Construction Accidents Suffered By Undocumented Workers
- Union Worker Construction Accidents
Top 5 Posts
Jun 30, 2020
According to a recent Reuters analysis, the reduction in traffic over the past several months has done its part to reduce car crashes. Unfortunately, in several cities Reuters considered, the percentage of crashes that involved a fatality is up. Here in New York City...
Jun 16, 2020
The New York State Department of Financial Services has filed civil charges against drug maker Endo International Plc for misrepresenting the efficacy and safety of its opioid drugs and for insurance fraud. Endo manufactured 18.4% of the opioids distributed in New...
Jun 9, 2020
Talc, also called “talcum powder” is a naturally occurring mineral. It is widely used in products ranging from baby powder to cosmetics. Unfortunately, talc is mined in the same geologic areas as asbestos, and it may be possible for talc to be contaminated by...
May 22, 2020
This year, New York joins 30 other states and the District of Columbia after the State Assembly passed legislation requiring passengers 16 and older to wear a seat belt in the back seat of automobiles, including ride-sharing vehicles, such as Lyft and Uber. The...
May 21, 2020
After it was revealed that untold thousands of Boy Scouts have been sexually abused by scout leaders and others who had power over them, lawyers from around the country sued the American institution. The national group, Boy Scouts of America (BSA), filed for Chapter...
3 Reasons To Hire Us
We Go All In:With every case we accept, we put all of the firm’s resources behind our pursuit of a positive outcome. We are not afraid to spend whatever amount is necessary to present a winning case on your behalf.
3 Reasons To Hire Us
We Hire The Best Experts:We do our homework and find the experts who are doing the most cutting-edge research on your type of injury. We regularly work with medical experts, scientists, people from academia and others.
3 Reasons To Hire Us
We Know Our Opposition: In our nearly 60 years in business, we have seen all the tactics opposing attorneys uses. We use proven strategies to match them and act swiftly to overcome any attempt to limit your compensation.
CNN Legal Analyst