Queens & Bronx Workers’ Compensation Benefits Law Firm
Workers’ Compensation Benefits types: Indemnity and Medical
A covered employee has the right to compensation through several benefits. If you need a firm that will fight for you, feel free to contact us for a consultation.
Indemnity benefits
If you are injured and cannot return to work for a period longer than a week, you may be provided cash benefits. You may not get paid for the first 7 days of a disability unless you are not able to work for over 14 days. If the injury keeps you out of work past 2 weeks, you should receive benefits from the first missed workday. The amount offered depends greatly on your average weekly wage for the previous year. To calculate weekly cash benefits, multiply 2/3 X your pre-tax weekly wage from the previous year X the percentage of disability, subject to a statutory maximum set based on the year of your accident; see why a lawyer can help?
Medical benefits
Under workers’ compensation, you may be entitled to the necessary medical care. This includes the right that, if you have a valid claim, you do not have to pay for medical treatment for your claim and you can get treated by an authorized provider [a list is available by the New York Workers’ Compensation Board]. In most cases, you can pick your own doctor from the authorized list.
Unless you received a notice indicating otherwise at the outset of your claim, you may choose a physician or a place to provide diagnostic tests, x-ray exams, MRIs or any other radiological examinations that apply. If you received notice, call us. Don’t take your chances following the direction of the insurance company. This may mean that you get the care you need in the network of their choosing with doctors they trained to cut you off and save them money.
Death benefits
Death benefits may be awarded to the family and, if lacking, individuals legally considered dependents through weekly cash payments, amounting to 2/3 of the worker’s average weekly wage for the year before the accident. The compensation will not exceed the weekly maximum allowed by law. If there is no one to pass it to, the surviving parent or estate of the deceased may be entitled to a payment of $50,000. Funeral expenses may be paid up to $12,500 in Queens, Bronx, Kings, New York, Richmond, Nassau, Suffolk, Rockland and Westchester counties, and up to $10,500 in all other New York counties.
How Much Does Workers’ Compensation Pay in New York?
The maximum and minimum weekly rates change every July 1, and they are set by the New York State Average Weekly Wage. For injuries between July 1, 2026 and June 30, 2027, the maximum weekly benefit is $1,281.50, and the minimum is $384.45. For injuries in the prior year, the maximum was $1,222.42. Here is the part that surprises most injured workers. Your rate is locked to your date of injury. It does not rise later when the Board adopts a new maximum. A worker hurt in 2019 is still paid at the 2019 rate today. This is one reason the average weekly wage your carrier calculates at the start of your claim matters so much, and why an error there follows you for the life of the case. Your percentage of disability then determines what share of that rate you actually receive.
Contact an experienced workers’ compensation attorney
Over the past 30 years, the Law Offices of George Poulos has successfully fought for fair and just compensation for injuries and death. While we do not guarantee an outcome, it is important to be proactive when dealing with an insurance company. They are “for-profit” and will work to limit their payout any way possible. If you need quality legal services from an experienced workers’ compensation attorney, contact The Law Offices of George Poulos for a free consultation today.