Temporary and Total Disability
People who are hurt on the job may be entitled to receive benefits during the time that they are unable to work. These claims are processed by the Workers’ Compensation Board, a state agency that serves as a go-between for individuals and their employers. Under New York law, an injured employee has the right to hire a lawyer to assist him or her in asserting a claim for benefits. Workers’ compensation attorney Valerie J. Crown tirelessly helps injured individuals in Rockland County and elsewhere in Greater New York. She is available 24/7 and will be glad to speak to you about the details of your case.
Valerie and her staff are proud of their efforts in getting to know each individual client on a personal level. We understand that they are facing challenging times in their lives, and they deserve the utmost respect and compassion. When you seek guidance from us, you can expect to be treated as a human being to be helped rather than a problem to be solved. You can reach Valerie directly through her cell phone at any time by calling 845.598.8253.
Applying for Temporary and Total Disability Benefits After a Workplace Accident
If you have been the victim of an on-the-job accident, the first thing that you should do is seek first aid or other necessary medical treatment from an authorized health care provider. Next, you should make sure that your employer is aware of the accident by filing notice of your injury. This step should be followed by completing a copy of Form C-3 and submitting it to the Board.
In workers’ compensation claims, it is not necessary to prove that the employer was “at fault” in causing the employee’s harm. This is different from ordinary personal injury cases, in which a plaintiff usually has the burden of proving negligence against the defendant before being entitled to recover damages. Instead, in workers’ compensation claims, the employee only has to show that the accident occurred during the course and scope of his or her employment. The only time that fault is considered in the pursuit of benefits is in situations in which an injury occurred due to an employee’s intoxication or drug use or when the injury was intentional.
If a worker is unable to return to his or her regular work after an injury, he or she may receive temporary disability benefits. These benefits begin seven days after the injury, but they will be paid retroactively to the day of the accident if the worker is away from the job for at least 14 days. The amount due is calculated based on a formula: two-thirds of the worker’s average weekly wage multiplied by his or her percentage of temporary disability. This is subject to a maximum amount, currently $808.65. To illustrate, if an employee who was earning an average weekly wage of $600 is injured and totally unable to work for at least two weeks, he or she should receive temporary and total disability payments of $400 per week. If the worker’s wage-earning capacity is not 100 percent, he or she may be able to receive temporary and partial disability benefits that are commensurate with his or her percentage of disability.
Explore Your Options With a Rockland County Lawyer After a Work Injury
If you have been hurt on the job in Rockland County or beyond, work injury attorney Valerie J. Crown will be glad to talk to you about your legal rights and options. To schedule a free consultation, call us at 845.708.5900, contact us online, or call Valerie on her cell phone at 845.598.8253. You can rest assured that your telephone call will go straight to Valerie’s cell phone, not to an automated message or answering service. We also serve workers’ compensation claimants throughout Westchester and Orange Counties. You will not be asked to pay any fees unless we recover benefits for you.