How Long Can You Be On Workers’ Comp in New York?

Upon suffering a work-related injury or illness, you may be eligible to receive benefits that cover medical expenses and a portion of your lost wages if you’re unable to work. This ensures that you can recover and return to work while minimizing the financial impact on your life.

Since workers’ comp is a no-fault system, there’s no need to prove negligence when seeking compensation. The eligibility criteria for workers' comp in New York are straightforward. You can only file a claim for injuries and illnesses that are directly tied to your employment.

Independent contractors and certain types of workers may be exempt from coverage. However, the vast majority of employees in New York are protected under the workers' compensation system.

To qualify for workers’ comp in New York, you must do the following:

• Report your work-related accident, injury, or health condition to your employer within 30 days or as soon as possible.
• Get medical attention as soon as possible and inform your doctor that your condition is work-related.
• Fill out form C-3 and file your claim with the New York Workers’ Compensation Board within two years of noticing your injury or illness. The sooner you file, the better.
• Prove that your injury or illness is related to your job duties or work environment.

The duration of workers' compensation benefits in New York can be influenced by your categorization of disability. Your medical assessment process is one important factor. It evaluates the extent of an injury and its impact on your ability to work. These assessments periodically review your condition and determine if and when you might return to work.

Additionally, more serious injuries that require longer recovery times can extend the duration of your benefits, especially if ongoing medical treatment or rehabilitation is necessary. For less severe injuries, you may return to work sooner. This reduces the need for prolonged benefit payments.

Receiving workers' compensation often starts with temporary benefits and continues until you reach a state of maximum medical improvement. If you’re not fully restored to your pre-injury condition, your workers' comp doctor will need to perform an assessment to determine your level of disability. This could potentially qualify you for extended benefits.

Partial disability is defined by a disability rating of 95% or less. The type of injury you sustain is a major factor in the duration of benefits you receive for partial disability.

If you’re facing a total disability, this is defined as a 100% disability level where you can’t return to work. In this case, you may be eligible for lifetime payments. Additionally, applying for Social Security disability benefits may be advisable.

Non-schedule injuries involve major organs or body parts such as the brain, heart, lungs, spine, or pelvis. These injuries can yield workers’ comp payments ranging from 225 weeks (for a 15% disability) to 525 weeks (for a 95% disability).

Schedule injuries affect limbs, vision, and hearing. These are categorized distinctly, with compensation durations ranging from 16 weeks to six years. The duration depends on the specific injury, as outlined below:

• Arm: Up to 312 weeks
• Leg: Up to 288 weeks
• Hand: Up to 244 weeks
• Foot: Up to 205 weeks
• Eye: Up to 160 weeks
• Thumb: Up to 75 weeks
• First finger: Up to 46 weeks
• Second finger: Up to 30 weeks
• Third finger: Up to 25 weeks
• Fourth finger: Up to 15 weeks
• Big toe: Up to 38 weeks
• Other toe: Up to 16 weeks

When handling a New York workers’ comp claim on your own, there is too much room for error. Even the slightest mistake can result in your benefits getting delayed or denied. An attorney can walk you through each step involved in filing a claim and ensure that there are no errors in the process.

Additionally, an attorney can negotiate for fair compensation and advocate before the New York Workers’ Compensation Board on your behalf. You have absolutely nothing to lose by hiring a lawyer. They work on a contingency fee basis and only take their payment if you’re fully compensated. So, don’t wait; schedule a free consultation with a New York workers’ comp lawyer today.