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November 21, 2008  

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FAQs on Workers' Compensation

Benefits for Injured Workers

The chart below explains four different benefits for injured workers.

Workers’
Compensation

DisabilitySocial Security
Disability (SSDB)
Unemployment (UI)
For job-related injuries or illnesses

Paid by employer’s WC insurance carrier

For off-the-job injuries or illnesses that keep you from working.  Disability benefits can also be paid if the WC insurance carrier decides to fight your case

Paid by employer’s disability insurance carrier or your Union or the state of NY

 

Doctor expect you to be able to work 12 months or more

Paid by you and employer as part of your social security (FICA) tax

You can get WC and SSDB but combined can not exceed 80% of average weekly wage.  Two years after your date of diagnosis, you may be entitled to Medicare benefits

For laid off workers

Paid by employer to NY State Dept. of Labor

 

Pays:
100% of all medical
Pays:
No medical
Pays:
About 50% of your wages - the total of your WC and your unemployment payments can not exceed 100% of your average weekly wage after taxes

You may be entitled to both unemployment and WC if you are ready and able to work (at a job you can do with your limitations, such as a light duty job) but you can’t find one

Usually lasts 26 weeks

Pays:
About 66% of lost wages (about the same as your after-tax paycheck)
Pays:
About 50% of lost wages

You must have worked 30 days Usually a 26-week maximum

 

Pays:
Additional money and benefits

Payment can continue as long as your condition does, even if you change job or lose health insurance.  If your condition means you can never return to work, you are entitled to payment for the rest of your life.

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