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Permanent Disability Determinations in Workers’ Compensation Cases

New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers

What Does It Mean to Be Permanently Disabled for Workers’ Compensation Purposes?

When you’ve been hurt on the job and have qualified for workers’ compensation benefits, one of the goals will be to provide you with compensation and payment of medical expenses until you have fully recovered. But what happens if your injuries are permanent, such that you either can’t return to work at all, or can only return to work with some limitations on your ability to perform your former job? Are you entitled to workers’ compensation for the rest of your life?

Until 2007, that was the law in New York. That year, though, the New York legislature revised the workers’ compensation statute, increasing the amount of money a person could receive, but also capped the award for anyone determined to be permanently partially disabled to 10 years. However, if a person is determined to be permanently totally disabled—cannot return to work in any capacity—a person can still potentially receive workers’ compensation benefits for the rest of his or her life.

If you have been classified as permanently partially disabled, you will be entitled to payments for the 10 year period, provided you show the Workers’ Compensation Board that you have attempted to find work that you can do, given your limitations.

Classification as Permanently Disabled—What It Means

Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.