Permanent Partial Disability as a Result of a New York Workplace Injury
Queens |NYC| Brooklyn |Bronx Workers’ Compensation Lawyers
If you’ve been injured in a work-related accident, and your claim is approved, there are two important classifications regarding your injury—whether it’s temporary or permanent, and whether it’s total or partial impairment. If you are classified as temporarily disabled, you will be entitled to benefits until you return to work. On the contrary, if you are permanently disabled and your disability is permanent (you cannot return to work in any fashion), you will be entitled to benefits for the full period allowed under the law (maybe for the rest of your life). However, what happens if you suffer a disability that’s considered to be permanent—maybe you lose a toe or have permanent damage to your hearing, but it doesn’t prevent you from returning to work, or from working in some other capacity.
As a general rule, if you have suffered any type of permanent disability, whether partial or total, you have a right to continue to collect benefits. However, you must show that you have made reasonable attempts to find work within your limitations. The benefits payable for a permanent partial disability claim can be calculated in a couple different ways. If your injury appears on the statutory “schedule of losses,” a list compiled by the state identifying a specific benefit amount based on the type of injury, your benefit will be easily determined…it will be the amount set forth in the statute. Schedule losses typically refer to clear cut injuries, such as the loss of body parts. If, on the other hand, your injury is not on the schedule of losses, the workers’ compensation judge will have to make a determination of your percentage of disability (that percentage will then be multiplied by the total benefit available to calculate your benefit).
Calculating Your Benefit Payment for a Permanent Partial Disability
Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens 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.