The state of New York requires just about all employers to provide workers' compensation coverage to their workforces. This means that you have this type of insurance in place right now. As is true with most forms of insurance, the hope is that you never need to use it. In the event that you are injured on the job and need to seek workers' compensation in New York, it's a good idea to know how the coverage works.
You also need a workers' compensation attorney who will work to get the number of benefits that you deserve. Here is some information that will help you understand the process, including what's meant by a body part price and the need for legal representation.
Basics That You Should Know About New York Workers' Compensation Settlements
The purpose of workers' compensation is to ease some of the financial burdens that follow some type of work-related event. While this is comforting to know, there are other factors that must be taken into consideration. Here are a few to keep in mind:
1. Workers' compensation is intended to provide relief from certain expenses.
Those include any out-of-pocket medical expenses, covering some portion of lost wages or income, and providing ongoing benefits in the case of a permanent injury.
2. Pain and suffering are not covered under the terms of workers' compensation coverage.
The only way to seek any compensation for pain and suffering is to file a personal injury suit.
3. Accepting a worker's compensation offer will likely mean you cannot pursue a personal injury suit in New York.
While there is a narrow range of exceptions, the general rule is that accepting workers comp benefits means that you are no longer able to seek compensation by means of a lawsuit. This is one reason you should speak with an attorney before signing or accepting anything.
4. If you opt to accept workers' compensation benefits, know that they will not kick in until the number of lost times is over seven days.
Assuming that the insurer does not dispute the claim, you may begin to receive benefits around 18 days after the event. Any questions on the part of the insurer will lead to delays.
Legal representation is a smart move. You can bet that the insurer will seek legal consultation, even if everything seems to be in order. By having a lawyer of your own, it will be easier to deal with whatever happens next.
What is The Worker's Compensation Rate in NY?
The rate for workers' compensation in New York is set by the New York Workers' Compensation Board. Currently, the rate is $3.00 - $3.49 per $100 in payroll. You may not be aware of the cost if your employer pays the premium in full rather than passing part of the expense on to the employees.
This rate is considered one of the highest in the United States. Determining the figure depends greatly on the potential risk that an employee has for injury. This means those working in positions that are considered more likely to result in injury will pay a higher premium. For example, a construction worker would be assessed at a higher rate than someone who worked in an office and spent most of the day in front of a computer.
How Much Do You Get From Workers Comp?
There are several factors that impact the amount of weekly New York state workers' compensation that you can collect. One of the more important ones has to do with the extent of the injury and to what degree you are disabled. When the injury keeps you out of work for a time, but you are expected to make a complete recovery, your weekly compensation will be lower. People who sustain permanent injuries will receive a higher amount.
Even with a permanent disability, there's the need to determine if you are considered partially disabled or fully disabled. This will also have an impact on how much you will receive. Given how these and other factors come into play, having legal counsel can make it easier for you to understand how the figure was determined and if there is the need to file any type of suit.
How to Calculate a Workers' Comp Settlement in New York
The process for calculating the amount of a settlement is defined by the New York State Workers' Compensation Board and does rely on the amount of disability present and your original weekly salary or wages. The result is a simple formula that is easy to explain.
So how much do you get from workers comp on a weekly basis, assuming you accept the settlement offered by the insurer? Begin by identifying the amount that you earn per week. Take that figure and determine what amounts to 2/3 of those earnings. The resulting figure should then be multiplied by the percentage of your disability.
For example, you earn $1,000 per week. Multiplying by 2/3 results in a figure of $667.00. You've been deemed to be partially disabled, at a rate of 50%. That would mean your weekly disability benefits would come to $333.50.
Understanding The Workers' Comp Body Part Value Chart
You're likely to come across some information that mentions the body part value chart. This comes into play when the work-related event results in the loss of one or more body parts. The chart helps to set the maximum amount of benefits that you can receive as a result of the loss.
While this type of chart may seem gruesome, it does serve a practical purpose. Work injuries can include the loss of one or more body parts. That loss cannot be reversed, and it can adversely affect the ability of the injured party to continue working in his or her chosen field. That loss can also limit job opportunities in other fields. Depending on what body parts are affected, being able to work at all may be impossible.
This is not a practice that is limited to New York. Most states have a board governing worker's compensation claims and make use of a body part value chart when appropriate. Typically, body parts that are considered more essential carry a higher maximum benefit.
As you look at workers' comp settlement body part prices you will notice that the loss of a thumb may qualify for higher maximum compensation and more weeks of benefits than the loss of any other finger. Head and nervous system injuries tend to qualify for greater compensation, while losses like a toe other than the big toe will qualify for less.
Your impairment rating will also play a role as well. For example, being considered 10% disabled due to the injury will mean receiving fewer benefits than being deemed at 40% disabled.
How Long on Average Does It Take to Settle a Workers Comp Case in New York?
Assuming that you choose to pursue a personal injury case instead of accepting the offer for New York State workman's comp provided by the insurer, be prepared for the process to take time. On average, the entire settlement process will take on average anywhere between a year and 18 months. That begins with the date that the official claim is filed and continues until either a judge awards an amount to you or the insurer decides to settle the case out of court.
During that time, make sure you have some means to cover your basic living expenses. It's not unusual for personal injury attorneys to waive their fees until the case is settled one way or the other. In some instances, the award may require the plaintiff to pay all of your attorney's fees.
Contact the Workers' Comp Attorneys at Linden Law
Now that you understand more about how worker's compensation works, it's not hard to figure out why you need legal representation to navigate the process. Even if you don't envision any complications, make it a point to contact Linden Law and arrange for a consultation. After reviewing the events surrounding the injury, your attorney can take the lead in seeking to secure all the benefits that you are entitled to receive.
Remember that there's a good chance that the other party will have a vested interest in providing the least amount of compensation possible. Since this is not a situation you've faced before, there could be attempts to convince you that the offer is a good one and that you can't hope for anything better. Having a lawyer on your side makes it easier to determine whether to accept the offer or to file a personal injury suit and seek the type of compensation that you deserve.
If you've been injured on the job and are waiting to find out what sort of worker's compensation benefits you will be offered, now is the time to retain legal counsel. From that point forward, all communications about the issue will go through your lawyer. Your job will be to concentrate on recovering to whatever degree is possible. Call our offices today at (212) 804-8440 and request a free consultation with an experienced personal injury lawyer in New York.