Workplace accidents are all too common in New York, particularly in dangerous fields such as construction and factory work. The Bureau of Labor Statistics (BLS) reported nearly 5,200 fatal and more than 2.6 million non-fatal workplace injuries in 2021.
Bronx workers’ compensation lawyers can help if you were hurt at work. Here’s what you need to know about benefits from workers’ compensation lawyers in the Bronx.
Workers’ compensation is a benefits program that pays employees who suffer injuries on the job. It pays three main types of benefits: medical, income replacement, and survivor benefits (for survivors of employees who lost their lives on the job).
Workers’ compensation benefits cover all types of medical treatment related to your on-the-job injury, including:
Workers’ comp also pays wage replacement benefits if:
Typically, workers’ comp pays up to two-thirds of your income (based on the 52 weeks before your injury) up to a maximum of $1,125.46 per week. The exact amount of benefits available to you depends on:
If your employer offers you workers’ comp benefits, as nearly all in New York must do, you cannot sue them for an on-the-job accident. However, if a negligent third party played some role in the accident, it’s possible to sue them. These third parties could include:
You’ll need to take several steps to claim workers’ comp benefits. They include:
When people think about workers’ comp, they assume it only covers accidents that happen at work. In reality, the program covers any injury sustained on the job, including a work-related repetitive stress injury. For instance, if you type for work and develop carpal tunnel syndrome, workers’ comp would cover that injury.
If you’ve been injured on the job, Bronx workers’ compensation attorneys can help you file a workers’ compensation claim. Our attorneys can also help if workers’ comp denies your claim. Contact Pyrros, Serres, & Rupwani at (718) 626-7730 for a consultation.
Workers’ comp in New York typically pays up to two-thirds of your average weekly income before you were injured, up to a max of $1,125.46 if your accident happened on or after July 1, 2022. Workers’ comp bases your benefits on earnings for the 52 weeks before your injury (including overtime).
This amount won’t cover your entire paycheck, but it can tide you over until you’ve recovered enough to return to work. Benefits will also pay for your medical bills and mileage driven to doctor’s appointments.
How long you can collect workers’ comp benefits depends on how long you must take off work for recovery. For a permanent disability, you can collect benefits for 225 to 525 weeks, depending on your injury. If you have a permanent total disability (PTD) and can no longer work at any job, workers’ comp may pay you benefits for life.
You can do modified-duty, light-duty, or part-time work while on workers’ comp if your doctor says it’s safe for you to do so. Doing so can provide much-needed income while you recover enough to return to normal hours. Even if you return to work full time you can still receive treatment for your work related injuries.
The law doesn’t require employers to hold jobs for employees who are on workers’ comp, which means it’s possible your employer could let you go. However, many employers will keep your job open for you regardless of the law so long as you can do the same job again once you’ve recovered. If you’re a member of a union your union contract may require that your job be held for you for a certain time period while you recover from your injuries.
If you want to return to the same job after you’re better get a report from your doctor clearing you to work, talk to your employer and spell out your intentions to return. Your employer may also be willing to make accommodations if your disability prevents you from doing the same work.
If your boss let you go and you’re unsure whether they broke the law, contact a Bronx workers’ compensation lawyer for advice.