Content reviewed by:
Alex Shulman
Workers’ compensation pays permanent impairment benefits to workers with illnesses and permanent physical disabilities attributable to employment. A qualifying condition must prevent you from working or earning at the same level as before symptoms emerged. You may be eligible for permanent impairment benefits if you have mesothelioma, carpal tunnel syndrome, hearing loss, permanent back injuries, vision loss, or other chronic conditions developed at work.
Types of Workers’ Compensation Benefits for Long-Term and Permanent Conditions
After a workplace injury, workers’ comp for chronic illnesses and injuries may include medical care and wage replacement benefits of up to two-thirds of your average weekly wage. Medical benefits under workers’ comp include doctor, hospital, surgery, and pharmacy services.
Wage replacement benefits are based on the severity and duration of your disability, as well as on how it affects your ability to earn a living. Almost all employees in New York are entitled to benefits after a workplace injury. Importantly, your citizenship status does not affect your eligibility.
Temporary Wage Replacement Benefits
Your employment after a workplace injury depends largely on the severity of your injuries. Temporary wage replacement benefits are awarded as the following:
- Temporary Total Disability — Full wage replacement benefits up to the weekly maximum are awarded when your injury or illness prevents you from working, but you are still expected to recover.
- Temporary Partial Disability — Wage replacement benefits awarded as a percentage of your full benefit based on the degree of your disability when your injuries temporarily limit your ability to work, but you can perform some work.
Temporary disability benefits end when you can return to work or reach your maximum medical improvement (MMI). All workers’ compensation impairment benefits start as temporary disability benefits until you reach your MMI. If you are still disabled after reaching MMI, your benefits may convert to permanent impairment benefits.
Permanent Impairment Benefits
Permanent disability benefits are available if your injuries permanently limit your ability to work. They come in two categories: Permanent Total Disability and Permanent Partial Disability. The duration of workers’ comp benefits for permanent impairment is based on the severity, duration, and type of impairment.
Permanent Total Disability benefits are available when your condition permanently prevents you from working in any capacity. If eligible, you can receive your full wage replacement benefit up to the weekly maximum for life.
Permanent Partial Disability benefits are available when you have a permanent condition but can perform some work at a limited capacity. Benefits are payable for 225 to 525 weeks, depending on the degree of your lost earning capacity. If you have permanent disfigurement of the face, head, and neck, you may also be eligible to receive a lump sum of $20,000.
You may be entitled to an additional lump sum Schedule Loss of Use (SLU) benefit if you lost the use of your upper extremity, lower extremity, hip, eyesight, or hearing. The payment is calculated based on 16 to 312 weeks of lost earnings, depending on which body part is affected.
Seek Legal Help After Your Work Accident
Our award-winning New York City workers’ compensation lawyers have decades of combined experience helping injured workers secure their workers’ compensation benefits. We are here to answer your questions and provide the high-quality legal representation you deserve.
If you are suffering from a long-term or permanent condition that can be traced back to your workplace, we are here to help you understand and protect your rights. Contact us online or call (212) 221-1000 to schedule your free consultation.
