Get Disability Benefits Law

The maximum number of weeks is set forth in statute as follows: 525 weeks for loss of wage earning capacity of greater than 95% 500 weeks for loss of wage earning capacity of greater than 90% thru 95%

New York State requires employers to provide disability benefits coverage to employees. These are for an off-the-job injury or illness. The law provides for the payment of cash benefits for employees who: have become disabled from injuries or illness away from work; and.

Who is not Covered? A minor child of the employer. Government, railroad, or maritime laborers. Ministers, priests, rabbis, members of religious orders, sextons, Christian Science readers.

Premiums for Disability Benefits insurance policies are paid directly to the insurance carrier by the employer. A covered employer is authorized to collect from each employee, through payroll deduction, a contribution of 1/2 of 1% of wages paid, but not in excess of 60 cents per week.

The legal maximum depends on the date of your injury. For injuries that happened between July 1, 2020 and June 30, 2021, the maximum is $966.78 per week. (For other injury dates, the New York Workers' Compensation Board (WCB) keeps an updated list of the maximums on its website.)

It depends on whether the disability is work related or not. If work related usually 1 year. If not work related, if you qualify under family medical leave act, then you can take up to 12 weeks. To qualify, there has to be a minimum of 50 employees, you have worked there for a year, and have been full time.

Yes you can collect both NYS Unemployment Insurance benefits and Workers' Compensation benefits at the same time.

If you have a serious and permanent disability from your work-related injury, you may be eligible for a life pension payment from workers' comp. ... In many states, you do not need to prove that you cannot work to be eligible for a lifetime workers' compensation pension.

The truth is that workers comp benefits don't last forever; in California, injured workers can only receive workers compensation benefits for 104 weeks within a period of five years for most injuries.

In general, every employer in New York is required to purchase Workers Compensation Insurance. This insurance protects you if you are injured while working. It pays for medical care for the injury and lost time benefits. This insurance is mandatory and your employer cannot charge you for the insurance coverage.