Permanent Disability Or Partial Disability In New York
New York workers' compensation laws classify disabling work injuries as temporary or permanent and partial or total. For temporary disability, an injured worker will receive benefits only until he or she is able to return to work. For permanent disability, a judge decides your benefits after your doctor has determined that you have reached maximum medical improvement.
NY Permanent Partial Disability Payments
A classification of permanent partial disability reflects a worker whose recovery was not total. There are two types of benefits, in this case, depending on the affected area of the body: schedule loss of use and nonscheduled. Compensation is offered because the injured worker’s wage-earning capacity has been permanently reduced. However, both limit payments to a certain number of weeks, with the possible exception of nonscheduled awards for injuries that occurred before March 13, 2007.
NY Permanent Total Disability Payments
In contrast, a worker classified with a permanent total disability has permanently and totally lost his or her wage-earning capacity. Weekly benefits are unlimited in this situation.
Get A Second Opinion After Your Independent Medical Evaluation
Your employer’s insurance company likely will provide its own medical consultants to evaluate your functionality. They will then rely on those reports to evaluate your wage-earning capacity. Unfortunately, such independent medical recommendations are seldom in your best interest or as independent as their name would suggest. Indeed, financial savings often seem to be an insurance carrier’s bottom line.
It is important to remember that you have the right to a second medical opinion. Our law office works with a team of medical professionals. We will request a separate medical evaluation to determine the extent of your injury and evaluate your functionality. We will take the time to listen to you and work with your doctors. We want your input on whether you are suited for lighter job duties or alternative work assignments.
Additional Sources Of Compensation
Finally, our comprehensive practice includes seeking all sources of assistance for permanent disabilities. Consequently, we can help you petition for Social Security Disability benefits if your doctor estimates that your injury will prevent you from working for a year or more.
Contact Our Workers’ Compensation Team
To learn more about your benefit options for permanent partial or total disability, contact the law offices of Terry Katz & Associates, PC, online or call 888-488-7459 for a free initial consultation.