Workers’ Compensation: Classifying Your Disability
After you’ve been treated for an on-the-job injury or illness, your doctor may form an opinion about the disability that your injury or illness has caused. This finding of disability is very important and can dramatically affect the wage benefits you get. The workers’ compensation insurer may disagree with your doctor’s disability rating and require you to see a doctor of its choosing for an independent medical exam. The Workers’ Compensation Board may ultimately hold a hearing and take evidence before deciding on your degree of disability.
The benefits you get for lost wages will hinge on your disability rating—and an unfavorable ruling in a contested case can cost you thousands of dollars in benefits. That’s why it’s crucial to have the New York lawyers of Schwartzapfel Truhowsky Marcus P.C. at your side. Our New York lawyers have extensive experience with workers’ compensation cases. We can help you make your best possible case for workers’ compensation benefits. Please call us at 1.800.966.4999 or fill out our online contact form for a free case evaluation. We will fight for you!
Your disability may fall into one of four categories:
- Temporary Total Disability. If you can’t work on a temporary basis because of your injury, you can collect the full allowable wage benefit for that period.
- Temporary Partial Disability. If your injury does not prevent you from working but temporarily affects your ability to fully do your job, you’re entitled to a percentage of your wages equal to the percentage of your disability. Thus, if the Board decides you are 33 percent disabled, you’ll get 33 percent of your award during the time you’re temporarily disabled.
- Permanent Total Disability. If you are no longer able to work and earn a living because of your injury, you’re said to be permanently totally disabled and are entitled to workers’ compensation benefits without a weekly limit.
- Permanent Partial Disability. If you’ve permanently lost part of your wage-earning capacity, you’re entitled to permanent partial disability benefits. How much you’ll receive could depend on when you were injured. If the accident or disability date is before March 13, 2007, you’ll receive benefits for as long as the partial disability exists and affects your wages. If the on-the-job accident that caused your disability occurred on or after that date, you’ll get benefits as determined by your lost earning capacity up to a maximum of 525 weeks.
You may also be entitled to other workers’ compensation benefits. For instance, if you’ve lost use of an extremity such as an arm or a leg, or if you’ve lost your vision or hearing, the Board may determine you’ve suffered a Schedule Loss—so called because workers’ compensation law actually sets out a schedule for the number of weeks of benefits you’ll receive, depending on which body part was injured. If you’ve suffered permanent scarring or other unsightly injuries to the head, face or neck, you may be entitled to Disfigurement benefits of up to $20,000.
If you’re injured on the job or develop an occupational disease, you and your family will need the full range of benefits that are available—especially if you’ve lost some or all of your wage-earning ability. Choosing the New York lawyers of Schwartzapfel Truhowsky Marcus P.C. may be the best decision you’ll ever make to secure your future. Our New York lawyers have extensive experience with workers’ compensation cases. Please call us at 1.800.966.4999or fill out our online contact form for immediate attention to your case. We will fight for you!
