In New York, if a worker suffers a job-related injury, they are entitled to workers’ compensation benefits. These benefits are put in place to cover all the medical expenses associated with the treatment of the injury, as well as provide an income for the worker if they are unable to work while they recover.
Unfortunately, not all employers and/or insurance companies are happy about paying injured workers these benefits and issues come up that can delay the commencing of the benefits or even deny them entirely. This is why injured workers should contact one of the New York workplace injury lawyers from our firm. The following are some of the most frequently asked questions our clients ask.
What Medical Expenses Are Covered Under Workers’ Compensation Benefits?
Once an injured worker’s benefits have been approved, all medical expenses related to their injury are covered by their employer through their workers’ compensation insurance company. These expenses include:
- Emergency room visits
- Urgent care visits
- Doctor visits
- Rehabilitation stays
- Medical devices and/or equipment
- Physical therapy
- Occupational therapy
- Long-term care
- Travel expenses for all medical appointments
Is Mental Health Treatment Covered Under Workers’ Comp?
If the employee is suffering from mental or emotional illness related to his or her job – such as post-traumatic stress disorder – due to a work incident, they may be eligible for workers’ compensation benefits, just as if they had suffered a physical injury.
How Will My Workers’ Comp Wages Be Calculated?
An injured worker is also entitled to financial compensation for the income they are losing if they are unable to work while they are recovering. The worker’s average weekly wage (AWW) will be based on the worker’s total gross earnings for the 52 weeks prior to the injury. This includes overtime and other compensation. This total is then divided by 52.
What If I’m Left with a Permanent Disability?
If a work injury results in a total or partial disability that prevents the worker from going back to their job at full capacity or go back at all, they are entitled to additional weekly compensation until their death or throughout the duration they are entitled to collect disability payments.
In these cases, the New York workplace injury lawyer will usually negotiate some kind of settlement amount with the employer’s insurance company. This amount usually includes loss of future income, vocational training or education in order for the employee to find another occupation if they are able, as well as compensation for any scarring or disfigurement they may have suffered as a result of the injury.
What If the Worker Dies from Their Injury?
If a worker suffers a fatal accident or dies from their injuries, their family may be able to receive benefits to compensate for the emotional and financial losses the worker’s death has caused them.
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