The Staten Island lawyers at The Law Offices of Frank J. Dito, Jr. answer your questions regarding workers’ compensation benefits in New York.
What is the most common work related injury?
Can I file my Workers Compensation Claim in Staten Island if I work in New York City?
Yes. If you live on Staten Island, the Workers’ Compensation Board will schedule hearings at the Staten Island hearing office. Even if you are a New Jersey resident who works in New York City, you may still have your hearings held at the Staten Island office for your convenience.
Where do you file a Workers’ Compensation Claim on Staten Island?
I lost my workers compensation case. Can I Appeal?
What does it mean that my case was Adjudicated?
I went to a scheduling hearing and the judge said he was going to adjourn it. What does that mean?
What is Accident, Notice and Causal Relationship (ANCR)?
My workers compensation claim form asks for my accident date. What does that mean?
What is a work related accident?
What does it mean when the workers compensation judge said he would abey an issue?
What is the Claims Information Systems or CIS?
How do I file a Workers Compensation Claim?
What is Causation or a Causative Factor?
I slipped on something on the floor at work. Is that the Cause of Accident?
What does my workers compensation Case Number?
What is a workers compensation case?
My attorney told me that the case was on the Calendar today. What did he mean?
My attorney said that my case is being reviewed by a Board Panel. What is a Board Panel?
My attorney was asking about my Average Weekly Wage (AWW). What is he asking about?
I havent been working since my accident. Who pays my attorneys fees?
What does it mean Arising Out of and in the Course of Employment?
I reinjured myself at work. I hurt myself years earlier and I worked for a different employer than I do now. The Judge said that he was going to apportion my case?
I was hurt at work and cant go back to my job because of my injury. How much money will I receive while I am not working?
The cash amount that you will receive is based on your average weekly wage for the previous year. The workers’ compensation board uses the following formula to calculate benefits:
2/3 x average weekly wage x % of disability = weekly benefit
If you were earning $400 per week and you are totally (100%) disabled, you would receive $266.67 per week. If you were partially (50%) disabled, you would receive $133.34 per week. However, your weekly cash benefit cannot exceed the following maximums amounts, which are based on the date of accident:
Schedule of Benefits
Date of Accident Weekly Maximum
Total / Partial
July 1, 1985 – June 30, 1990 $300 / $150
July 1, 1990 – June 30, 1991 $340 / $280
July 1, 1991 – June 30, 1992 $350 / $350
July 1, 1992 – June 30, 2007 $400 / $400
July 1, 2007 – June 30, 2008 $500 / $500
July 1, 2008 – June 30, 2009 $550 / $550
July 1, 2009 – June 30, 2010 $600 / $600
What is a workers compensation law judge?
What is the workers’ compensation board?
What is a waiting period?
I was injured at work when I was 18 and my doctor says I cant work again. How does the board figure out how much money I will lose?
If my employer didnt have workers compensation insurance, what can I do?
What is a trial calendar hearing?
What does it mean to have a total disability?
My lawyer said I have a possible third-party action. Does this mean I can bring a lawsuit for personal injuries?
What is a tentative rate?
I am told that I will receive symptomatic treatment. What is symptomatic treatment?
My company received a stop work order. Can I work anyway?
I am receiving payment from special funds. What is the special funds?
What is a permanent partial disability?
What is a request for review?
What is a review bureau?
A decision in my case was rescinded. What does it mean?
My lawyer filed a request for further action because I was denied medical treatment. What will happen next?
I was told that since my injury happened more than 7 years ago and my case has been closed, my benefits would come from the reopened cases fund. What is the fund?
The reopened cases fund was established to assume liability for any additional awards in workers’ compensation cases in which the application to reopen the case occurs more than seven years from the date of injury and more than three years from when your case was closed. The Fund is financed through assessments made periodically against all insurance carriers.
Can my workers compensation case be reopened?
My employer said at a hearing that I was overpaid benefits. What does that mean?
I am unable to work the hours I used to before I was hurt. My lawyer said that I have a reduced earnings claim. What is a reduced earnings claim?
What is an occupational Injury?
What is an occupational illness?
What is occupational disease, notice and causal relationship?
What is an occupational disease?
My employer said that I never gave him notice of my injury. I did tell my supervisor. Is that notice?
What is a non-schedule permanent partial disability?
What is a non-compensated case?
What is a motion calendar hearing?
What does it mean to modify a decision?
What is medical treatment?
What are medical benefits?
I have been told that I have reached maximum medical improvement or MMI. Am I able to receive additional medical treatment?
What is a lump sum settlement?
I was told that I have to wait 14 days before I can receive my lost time. Is this true?
My claim has been indexed. What is an indexed claim?
My lawyer told me I am going to receive financial benefits from my injury. What types of financial benefits are there?
- temporary total disability benefits – for periods when you have been unable to work
- temporary partial disability benefit – for periods when you have been unable to work your normal hours or at your normal pay
- facial disfigurement awards – are subject to a judge’s discretion for facial disfigurement resulting from your work-related accident;
- permanent partial disability benefits – are awards for loss of physical function or for periods of partial wage loss after a claimant has been classified as having a permanent partial disability;
- permanent total disability benefits – are for loss of your wage earning capacity after you have been classified as having a permanent disability; and
- death benefits – which are compensation benefits awarded to a spouse, children or other family members following a work-related death.
What is a workers compensation hearing?
I am scheduled for a final adjustment hearing. What can I expect?
How is my extent of disability determined?
The codes are:
0 = Death case
1 = Permanent total disability
2 = Permanent partial disability (PPD) – Schedule award only
3 = Facial disfigurement award only
4 = Schedule PPD and facial disfigurement award
5 = Temporary disability only
6 = Temporary disability and facial disfigurement award
7 = Non-schedule PPD – Lump sum settlement
8 = Non-schedule PPD – No present loss of earnings
9 = Non-schedule PPD – Carrier to continue payments