Resource Guide

Introduction

Part 1: The Workers' Compensation Process

Part 2: Special Issues In Workers' Compensation

SOURCES OF ADDITIONAL BENEFITS

Many injured workers are entitled to certain benefits while their compensation case is controverted, or in addition to their compensation benefits once their case has been established.

New York State Disability

If your employer controverts or denies your Workers' Compensation claim you may be eligible for New York State Disability benefits. These benefits are paid after a seven (7) day waiting period at a weekly rate equal to one-half of your average earnings for the last eight weeks worked, up to a maximum of $170.00 per week. Benefits are paid for a maximum of 26 weeks.

If you are awarded Workers' Compensation benefits for the same period of time in which you received disability benefits, the disability insurance carrier will be reimbursed from your compensation benefits. Please note that you may not collect New York State disability benefits and unemployment benefits at the same time.

New York State Unemployment Insurance

If you are receiving temporary total Workers' Compensation benefits you are not eligible for unemployment benefits, because in order to receive unemployment you must be "ready, willing and able" to obtain work. However, if your doctor is reporting a partial disability you may be eligible for unemployment benefits in addition to your compensation benefits. Unemployment benefits are paid for a maximum of 26 weeks.

Automobile No-fault Insurance

If your work accident arose out of the use or operation of a motor vehicle, you may be entitled to no-fault insurance benefits in addition to Workers' Compensation. Your employer's Workers' Compensation carrier will pay your medical coverage and up to two-thirds of your lost wages per week. No-fault permits payment of up to 80% of your lost wages, subject to a maximum of $2,000.00 per month. Your injury does not necessarily have to be the result of a motor vehicle accident to obtain no-fault coverage. You may qualify if you were working in, on or around a motor vehicle.

Social Security Disability (SSD)/Supplemental Security Income (SSI)

SDD and SSI are federal disability programs administered by the Social Security Administration. SSD benefits may be available to you, your survivors or dependents under the following circumstances:

  1. You worked for at least five of the ten years prior to the onset of disability.
  2. You have been, or will be, totally disabled from any and all work for at least twelve consecutive months.

If you receive SSD benefits you will also qualify for Medicare after a 24-month waiting period. SSI is a federal welfare program. In order to receive SSI you must have significant income and financial needs in addition to proving a disability. If you qualify for SSI you will automatically receive Medicaid.

You may receive SSD and SSI benefits in addition to Workers' Compensation benefits. An application for benefits should be completed with the Social Security Administration as soon as there is an indication that your disability may last at least twelve consecutive months. Lewis & Lewis has helped countless claimants obtain Social Security Disability benefits. Feel free to discuss your eligibility for these benefits with any of our attorneys.