Queens, NY -- One of the most frightening aspects of being injured on the job is the inability to work and earn an income. Fortunately, for most people in these circumstances, they are able to rely on benefits through workers compensation. But in many cases, they are unsure about what they can rely on in the way of benefits and whether they will receive full pay after an injury.
Keetick L. Sanchez, a workers compensation lawyer based in Queens, New York, agreed to explain workers compensation benefits and how they are determined.
“The concept of workers compensation came out of the industrial revolution at a time when factories wanted to avoid liability when their workers became injured. This has segued into our current workers compensation system,” explained Ms. Sanchez. “The concept is still the same and protects employers from liability when workers become injured on the job. Over the years, workers’ comp laws have developed criteria under which benefits are given to workers depending on their level of injury and disability, their medical expenses, and how long they will be unable to work.”
Workers compensation offers three categories of benefits. These include supplemental benefits, medical benefits, and cash benefits. Cash benefits are those that offset a worker’s inability to earn an income when they can’t work. Once an employee has been out of work for more than seven days, they can submit a claim for workers compensation cash benefits to help them while they are recovering. But the question remains whether these benefits are equal to their full salary.
“A worker receiving workers’ comp cash benefits will never get the equivalent of their full salary. The best-case scenario is two-thirds of their former wages depending on their level of disability and whether they are able to return to any type of work,” continued Ms. Sanchez. “A doctor determines the percentage level of the person’s disability and if they cannot work at all temporarily or whether they can do some other form of lighter work. Benefits are then calculated based on the level of disability at two-thirds of their former wages or at two-thirds of the difference between their former wages and the new adjusted wages. If the employer hasn’t made any accommodation for a lighter-duty job, workers’ comp will determine what they consider a reasonable earning capacity to base their benefits on. If the injured party is found to be permanently disabled, workers’ comp uses other calculations and benefits schedules based on the percentage of that person’s disability. Obviously, these determinations and calculations can be confusing and complicated.”
Permanent disability benefits under workers compensation laws in New York will vary depending on which part of the body has been affected and how the awards are made. Workers compensation also offers benefits for things such as disfigurement, vocational rehabilitation, and death benefits. Because of the complexity of workers compensation claims, many injured individuals choose to seek legal guidance when making a claim for benefits.
Keetick L. Sanchez, Esq. is a highly experienced workers compensation lawyer and principal attorney at KL Sanchez Law Office. To learn more about her, go to https://accidentlawyer-queens.com/do-i-get-full-pay-if-injured-at-work/.
SOURCE: Press Advantage [Link]
K L Sanchez Law Office, P.C. is a New York City personal injury attorney and workers compensation atttonrey. Serving residents of Queens and the Bronx Ms. Sanchez offers an experienced, compassionate approach and an agressive manner in court.