Workers' compensation is a type of insurance that provides monetary benefits and/or medical care for workers who are injured or become ill as a direct result of their job. Generally, the claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes or denies the claim, no monetary benefits are paid until a determination is made by the Workers' Compensation Law Judge or the Workers' Compensation Board.
If a workers' compensation claim is denied, the injured worker may be eligible for disability benefits while the claim is being litigated. If the workers compensation claim is eventually established, any payments made by the disability benefits carrier will be subtracted from future workers' compensation awards.
If you can return to work, but your injury prevents you from earning the same wages you earned at the time of the accident, you may be entitled to reduced earnings benefits that will make up two-thirds of the difference. As a result, returning to work at lesser pay is an option. It is also possible, depending upon the employer, to return to work in light or alternate duty but at full pay before you are fully healed.
For more information visit: The official website of the New York State Workers’ Compensation Board.
If you have any questions about workers compensation, your workplace injury/illness or eligibility, please call Wugman & Wugman, P.C. at (845) 499-2232 for a free, no obligation consultation.