Types Of Workers’ Compensation Benefits

Workers’ compensation is a critical benefit for those who suffered a serious injury or illness on the job. The money from workers’ comp can help you cover the costs of your accident without forcing you to go bankrupt in the process. Even while pursuing a compensation claim, you may not know what exactly workers’ compensation will cover for you. Thankfully, you can find the answers you need with the help of an experienced law firm.

At the Steenberg Law Firm, we help employees recover from workplace injuries. We know the hardships of a workers’ compensation claim, and we know how to help you secure the funds you need swiftly and efficiently. If you suffered a work injury in New York and filed a workers’ comp claim, you are entitled to receive two general types of benefits:

Indemnity Benefits

For these benefits, we are talking about money or cash benefits the insurance company would pay you for things like lost wages from missing work or a lump sum settlement. When an individual loses time from work due to a work injury, they are generally entitled to two-thirds of their average weekly wage (up to a maximum rate per week). The “average weekly wage” is the average amount of gross earnings, on a weekly basis, during a one-year period directly prior to your work injury.

This biweekly monetary benefit you receive when your injury causes you to miss work is commonly called “indemnity benefits” or “wage replacement benefits.” Additionally, depending on the type of injury you have, you could also be entitled to a schedule loss of use award which is a lump sum award. A schedule loss of use award (often called SLU) is often confused with an actual workers’ comp settlement – but an SLU award and settlement are very different.

Medical Benefits

Injured workers have a right to medical care. Medical care is necessary not only for your recovery but also documents the injury for the court. When an individual has an accident, they should see a doctor immediately and follow up at least every three months. If you have an established workers’ comp case, then medical treatment for your work injury is covered for life as long as the treatment you get is related to that same work injury.

Medical benefits cover your hospital care, doctor examinations, medications, diagnostic tests, surgery/procedures, chiropractic, physical therapy, and other treatments and rehabilitation related to your workplace injury. The insurance company often requires you to get tests performed such as x-rays, CT scans, MRIs and EMGs to prove the nature and extent of your injury.

It is important to note that you should not be charged for your medical care or medications. Instead, your employer or its insurance carrier should be billed. Always be prepared to give any medical provider your insurance claim information so all your treatment gets billed appropriately. You may also qualify for a personal injury case in addition to your New York workers’ compensation claim. This is referred to as a “third-party action or personal injury” case because it is against someone other than your employer – all in addition to your ongoing workers’ comp case.

Get The Help You Need In Your Claim

Remember, the insurance company does not want to pay you. Unless you have an experienced attorney, it is legally possible for the insurance company to pay you less than what you are actually entitled to.

Don’t let the insurance company get away with paying you less money just because you did not speak with an attorney. We offer same-day, no-hassle, free consultations over the phone – call us today at 716-288-5563 or email us here.