Workers Compensation
Construction workers on scaffolding rig
Helping the Injured Seek Justice and Financial Compensation.

Disability Classifications

New York Workers’ Compensation Lawyer

Fighting for the rights of injured workers in New York is one of the primary goals of the team here at Napoli Shkolnik PLLC. We handle workers’ compensation claims, hearings and appeals for workers who have been injured on the job in workplace accidents or who have been diagnosed with occupational diseases. With more than 150 years of experience and a considerable amount of manpower and resources to handle these claims, we seek maximum compensation for every client. One of the important parts of this is accurately determining and proving a client’s disability.

Under the New York State Workers’ Compensation system, cash benefits are available to injured workers depending on the extent and duration of their disabilities. Though medical care is provided for all work injuries regardless of the amount of time missed from work, cash benefits are only paid if a worker is unable to work for at least seven days. A worker may be entitled to up to two-thirds of his or her average weekly wage, up to a maximum of $792.07 (as of June 30, 2013). The following formula is used to calculate cash benefits:

2/3 weekly wage x % of disability = weekly cash benefit

The classification of a worker’s disability will influence the amount of his or her weekly cash benefit and for how long he or she may be able to receive such benefits.

 

Types of Disability Classifications

There are four primary disability classifications, listed in order of most serious to least serious:

Permanent Total Disability The employee is unable to return to work indefinitely; his or her ability to engage in gainful employment is permanently lost. There is no limit on the amount of time a worker may receive workers’ compensation.

Permanent Partial Disability Part of an employee’s ability to earn wages has been permanently lost. For example, the employee may have lost a hand in an industrial accident or may have suffered permanent vision loss. Cash benefits are only available if the worker missed time from work, though the worker may be entitled to an additional Schedule Loss of Use award for a permanent partial disability. Depending on the body part that was injured, the worker may be entitled to a certain number of weeks of additional cash benefits.

Temporary Total Disability The employee is completely unable to earn wages, temporarily. The worker would be entitled to benefits for the time he or she is disabled.

Temporary Partial Disability The employee’s ability to earn wages is temporarily and partially affected. Benefits will vary depending on the extent of disability and how long the worker is partially disabled.

If a worker sustains serious and permanent disfigurement to the face, head or neck, that worker may be entitled to additional compensation. or cash benefits, of up to $20,000.

 

Workers’ Compensation Help in New York

From our national headquarters in the Empire State Building and additional offices located throughout the state, the team at our firm is ready to help injured New Yorkers seek the compensation they need through their workers’ compensation claims. Various aspects of a worker’s claim may be challenged by an employer or workers’ comp insurance provider, including the worker’s injuries and resulting disability. When this occurs our lawyers stand ready to fight for our clients’ interests in their workers’ compensation hearings and appeals.

To learn more about disability classifications and all other important topics related to workers’ compensation, schedule a free case review with a New York workers’ comp attorney at Napoli Shkolnik PLLC. We look forward to hearing from you.