New york state workmens compensation

For this purpose, your earning capacity is generally measured by what you're actually making. Once your medical condition has stabilized to the point where it wouldn't improve even with further treatment a stage known as "maximum medical improvement" , your doctor will evaluate you to decide if your injury has left you with permanent limitations.

Generally, permanent total disability means that you can't work at all because of your limitations, but injured employees with certain types of disabilities such as the loss of both eyes, legs, or arms may be able to earn a limited amount of money without losing their disability benefits. New York has three different ways of awarding benefits for permanent partial disability, depending on the parts of the body that are affected.

New York law includes a schedule to determine permanent partial disability benefits for injured employees who've lost the ability to use certain parts of their body eyes, ears, and parts of the upper and lower limbs.

If you've permanently lost some use of one of these body parts, you'll receive two-thirds of your average weekly wage up to the legal maximum for the number of weeks listed in the schedule, multiplied by the percentage of your lost use. For example, the schedule lists a total loss of use of a hand at weeks.

You may request a lump-sum payout instead of weekly payments. Cash benefits that you have already received are deducted from your award. If you have a permanent disability to your spine, head, organs, or another part of the body not listed on the schedule, you may receive permanent partial disability benefits.

The amount of the payments will be two-thirds of the difference between your pre-injury average weekly wage and your current earning capacity as determined based on your specific disability and state guidelines. The maximum number of weeks you'll receive these benefits will depend on the percentage of your lost earning capacity, according to a formula in New York law. You can see by now that you won't receive compensation for all of your losses through workers' compensation.

This may seem unfair, but it's part of the workers' comp trade-off: You can receive benefits relatively quickly without having to prove that your employer was at fault for the injury. At the same time, you generally aren't allowed to sue your employer in an effort to receive the full value of your lost earnings, as well as damages like pain and suffering. However, there are limited circumstances when you may be able to sue outside of the workers' comp system for a workplace injury.

If you believe your case may qualify for one of these exceptions, or you're having trouble collecting workers' comp benefits, consider speaking with a workers' comp lawyer. An attorney who's experienced in this area can explain how the law applies to your situation and make sure you get the compensation you deserve.

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Return to Work. The workers' compensation system is a form of no-fault insurance. Employees have a right to receive workers' compensation benefits for job-related benefits.

But an employee usually cannot sure an employer for an injury if a policy is in place. Additional resources. For more information, contact:. Save Save this item to your account. Email Email this item. Learn which permits, licenses and regulations matter to you Use the Step by Step tool to get an exhaustive list of requirements that matter to you.