How Long Can You Receive Workers’ Comp Benefits in New York?

Many factors determine how long you can receive workers’ compensation benefits. If you have been involved in a workplace accident that resulted in an injury, you need to know how long you can collect benefits. The answer depends on several factors, including the severity of the injury, your occupation, and your age. In New York, workers’ compensation covers all necessary and reasonable medical expenses and a portion of your lost wages.

Lost Wages Benefits

After being injured at work, you can receive disability payments for lost wages. The number of benefits you receive will depend on your average weekly wage (AWW) and the extent of your disability due to an occupational illness or injury. For a permanent partial disability, you can receive up to 525 weeks of benefits. On the other hand, if you are permanently disabled, you can receive lifetime benefits.

Duration of Benefits Depends on the Percentage of Disability

Workers’ compensation benefits are payments intended to replace lost wages resulting from an injury or illness. The duration of your benefits will depend on the percentage of your disability. Generally speaking, the more severe your injuries are, the longer you will receive benefits. The length of time you can receive benefits based on the degree of your disability is as follows:

• 1 to 15 percent disabled: Up to 225 weeks
• 16 to 30 percent disabled: Up to 250 weeks
• 31 to 40 percent disabled: Up to 275 weeks
• 41 to 50 percent disabled: Up to 300 weeks
• 51 to 60 percent disabled: Up to 350 weeks
• 61 to 70 percent disabled: Up to 375 weeks
• 71 to 75 percent disabled:  Up to 400 weeks
• 76 to 80 percent disabled: Up to 425 weeks
• 81 to 85 percent disabled: Up to 450 weeks
• 86 to 90 percent disabled: Up to 475 weeks
• 91 to 95 percent disabled: Up to 500 weeks
• 96 to 99 percent disabled: Up to 535 weeks

The percentage of disability is determined by a medical evaluation that assesses how your injury has impacted your ability to work. An authorized workers’ compensation doctor will examine your condition, review your medical history, and assign an impairment rating based on established guidelines. This rating reflects the extent to which your injury limits your physical function and capacity to earn a living, and it directly influences how long you can receive benefits.

When to File a Workers’ Compensation Claim

To receive the full workers’ compensation benefits you deserve, your claim must be filed on time. While it is recommended that you tell your employer about the accident as soon as possible, you only have 30 days to report the injury. If you fail to do this, you may be denied benefits.

After notifying your employer, you then have two years to file your claim. Again, if this time limit expires and you have not filed your claim, you may forfeit benefits. It is essential to contact a Buffalo workers’ compensation lawyer as soon as possible to ensure your claim is filed on time.

Call Our Dedicated Lawyers in Buffalo, NY, Today

Suppose you have been hurt while on the job. Please do not wait to contact our Buffalo workers’ compensation lawyers at Sawers & Sackel. We can investigate your case, determine the benefits you are eligible for, and how long you can receive them. Call 716-456-8962 or fill out our online form to schedule a consultation with our experienced attorneys.