Workers’ Compensation Lawyers in West Monroe, New York

If you or someone you love was hurt on the job in West Monroe, New York, the workers’ compensation lawyers at Stanley Law are here to help. Workplace accidents can leave victims out of work for weeks, months, or even permanently, if they are disabled on the job. If you’ve been hurt on the job, and are covered under workers’ compensation insurance, you don’t need to pay for your medical expenses. Your doctor should make a claim directly with your employer’s workers’ compensation insurance. Complications can arise if your employer claims you aren’t covered under workers’ compensation or if you are an exempt employee. If you experienced an accident at work, and are not covered under workers’ compensation, you may still have options under the law. The workers’ compensation lawyers in West Monroe, New York at Stanley Law are here to help you and your family if you have been injured in a workplace accident. Our workers comp lawyers in the state of New York can appeal your denied workers’ compensation claim, or can help you pursue a lawsuit if you are an exempt worker or were not covered under workmans comp. You may only have a limited time to appeal a denied or underpaid claim, and only have 30 days from the date of your accident or injury to report your accident to your employer. Time is of the essence. If you have questions about your rights after a work accident, speak to the workmans compensation lawyers in the state of New York at Stanley Law today.

What is the Difference Between Disability Benefits and Workers’ Compensation Benefits in New York?

Disability benefits and workers’ compensation benefits are not the same. Disability benefits are cash benefits paid to workers when they are hurt in an off-the-job accident or illness. Disability benefits are equal to 50% of your weekly pay up to $170 a week. To receive disability benefits, you must be under the care of a medical provider. Disability benefits won’t pay for your medical expenses while workers’ compensation benefits do cover medical and rehabilitation costs. Disability benefits last for up to 26 weeks.

Things can get confusing because workers’ compensation also pays temporary and permanent disability benefits. If you are temporarily disabled on the job, workers’ compensation will pay 2/3 of your salary up to a certain figure for the duration of your temporary disability. If you are permanently disabled, and do not recover from your workplace injury, you may be entitled to receive permanent disability benefits through workers’ compensation.

Workers’ compensation disability benefits may be reduced if you are not considered totally disabled. For example, if you are partially disabled, your benefits may be reduced based on the percentage of disability determined by your workers’ compensation insurance. For example, you could be awarded a temporary total disability award or a temporary partial disability award, which would multiply your award by the percentage of your partial disability. You could also be awarded permanent total disability or permanent partial disability. You may even be able to return to work and continue to receive disability payments if your income doesn’t exceed certain limits set by the law.

One of the complexities of workers’ compensation claims involves determining whether a person has been totally disabled or only partially disabled by a workplace injury. According to the New York Workers’ Compensation Board, loss of wage-earning capacity is determined based on “medical evidence and vocational factors.” The Workers’ Compensation Board will need to review the “degree” of your physical or mental impairment and its impact on your ability to work. The Workers’ Compensation Board will look to determine how much of your “earning power has been lost.” Factors they will consider include “medical impairment, functional limitations, prior work history, education, skills, and aptitudes.” As you can imagine, this is largely a judgement call made after all medical and other evidence and documentation has been provided. The quality of your documentation and evidence could determine the level of disability you are awarded. If you disagree with the disability determination made by the Workers’ Compensation Board, you may be able to appeal the designation or determination.  If you have questions about the appeal process, consider reaching out to the workers’ compensation lawyers in West Monroe, New York at Stanley Law today. Our workmans compensation lawyers in the state of New York can help you navigate the claim and appeals process.

How is Permanent Disability for Workmans Comp in New York Determined?

Medical reports and medical professionals will provide the primary source of evidence when supporting a permanent disability claim for workmans comp. The degree of disability will usually be supported by medical evidence from your doctor or medical provider, who can determine the severity of your injury and whether it impacts your ability to return to work or do your job. The percentage is assigned based on the medical provider’s assessment. It is important to understand that a permanent disability assessment is made after a person has achieved “maximum medical improvement.” A person who is completely disabled weeks after a workplace injury, may not be completely disabled, and may even be completely healed, weeks or months later. The “maximum medical improvement” is when a determination is made by a medical provider that a person’s condition won’t improve even given additional medical treatment. Usually, a person reaches “maximum medical improvement” around two years after an accident, though your medical provider may be able to provide documentation to support your permanent disability sooner if you are seriously injured, or depending on your circumstances. Permanent disability is any condition that results in permanent or life-long disability, or inability to work. Sometimes workers may receive permanent partial disability, if they are found to be able to work, but may need to find a different job, take on reduced workloads, or may be able to work in a limited capacity.

Disability determinations can be one of the more challenging aspects of workers’ compensation claims and appeals. Because workers’ compensation makes a determination based on evidence provided, sometimes individuals might believe the determination is incorrect. If you believe your disability determination was incorrect, you might be able to appeal your workers’ compensation claim. The workers comp lawyers in West Monroe, New York at Stanley Law are here to help you navigate the process of filing a workers’ compensation claim and appealing a denied workers’ compensation claim involving disability.

How Can I Contact a Work Injury Lawyer in West Monroe New York? 

The work injury lawyers in the state of New York at Stanley Law can be reached by calling 800-608-3333. We offer new clients a free case evaluation during which we can offer guidance on the next steps. If you’ve been hurt on the job, you may only have a limited time to make a claim or appeal a denied workers’ comp claim. Contact the work accident attorneys in West Monroe, New York at Stanley Law today to learn more about your rights and the next steps. Depending on your situation, you may be entitled to seek disability payments through workers’ compensation, coverage for your medical expenses, and other benefits. If you are not covered by workers’ compensation, you may have other options under the law. You may even, in certain circumstances, have the right to pursue a lawsuit. If you have been hurt in a workplace accident, time is of the essence. Reach out to the work accident lawyers in West Monroe, New York at Stanley Law today.