Last Updated on June 6, 2024

What is a Permanent Disability Injury?

Permanent disability injury is any life-altering event that can have a major impact on someone’s physical and emotional health and impair their capacity to make a living.

In New York State, there are two types of this injury: permanent total disability and permanent partial disability.

When your injuries prevent you from returning to work, you are considered fully disabled. Based on New York State’s Workers’ Compensation Law, these injuries constitute permanent total disability:

  • Both hands
  • Both arms
  • Both feet
  • Both legs
  • Both eyes
  • Any combination of the conditions above

Your impairment is partial if it does not prevent you from returning to work but limits your capacity to perform at the same level. Examples of specific conditions are the following:

Nearly 200,000 workers are injured annually in the state of New York, with workplace fatalities averaging 250 annually over the past decade. This large number of cases puts into question the aftermath of the victims who suffered from these unwanted events.

Fortunately, they are eligible for benefits that reduce some of their financial challenges. In supporting friends, family, or someone you know to reduce the stress of having this injury, you should be aware of their rights and when to take action when these rights are not established.  

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Benefits You Can Receive for Having Disability Injuries in New York

If a worker has a permanent total disability, they will receive weekly benefits with no duration limit. The benefits may depend on the Disability and Paid Family Leave Benefits Law.

In the state of New York, eligible individuals are entitled to cash-only benefits for having a qualifying disability, as mentioned above. The benefits are as follows:

  • 50 percent of your average weekly wage for the last eight weeks worked, up to the current maximum benefit of $170 per week (WCL §204).
  • It is subject to Social Security and Medicare taxes.
  • Can be paid for a maximum of 26 weeks of disability during any 52 consecutive week period (WCL §205).

It’s important to note that you cannot collect New York State disability benefits and Paid Family Leave (PFL) benefits simultaneously.

When it comes to permanent partial disability, it will specifically fall to these two types of benefits:

1. Schedule Loss of Use (SLU)Compensation is limited to a certain number of weeks based on the body part and severity of the disability, according to a schedule set by law.
2. Non-Schedule LossBenefits are paid for a maximum of weeks based on the claimant’s inability to earn a living.

How to Become Eligible for the Benefits

To be qualified for disability benefits, injuries must be evaluated by one of the following health professionals:

These health practitioners will conduct a diagnosis and conclude if you qualify for permanent total or partial disability.

There are also other conditions that you must meet to obtain the said benefits:

If you become disabled while you are employed- No benefits are paid during the first seven days of disability. Benefits start on the eighth consecutive day (WCL §208).
- If you have been disabled for more than seven days, your employer must give you a Statement of Rights under the Disability Benefits Law (Form DB-271S) within five days of learning that you are disabled (WCL §229[2]).
If you become disabled while you are unemployed- If you have been unemployed for less than four weeks, your last employer’s insurer provides disability benefits. Also the 7-day waiting period still applies in this case.
- If you have been unemployed for more than four weeks and are receiving unemployment benefits, the Workers’ Compensation Board Special Fund for Disability provides benefits with no waiting period.
Your disability is from an auto accident- If you were hurt in an auto accident, you are eligible for disability compensation
- However, the amount of the disability benefit may reduce any no-fault insurance benefit you are eligible to receive.

You also may be required to undergo a medical examination by your employer or insurance carrier using a healthcare provider of their choice. Refusal to do so may lead to your benefits being denied.

Remember that you must file your claim within 30 days after becoming disabled. Meeting this deadline is crucial to ensure you receive the benefits you’re entitled to. 

Failing to file within the 30-day timeframe may result in a denial or delay of your disability benefits. You don’t want this to happen. Consider seeking help from a seasoned personal injury lawyer to file your claim on time. 

Workers’ Compensation Costs

The National Council on Compensation Insurance (NCCI) has released workers’ compensation costs statistics from 2020 to 2021. The amount of compensation for claims varies depending on the cause or nature of the injury and the specific part of the body affected.

Cause of Injury

Motor-vehicle crashes$89,152
Falls or slips$49,971
All other causes (on average)Less than $47,076

Nature of Injury

Other Trauma$63,044
Fracture, crush, or dislocation$62,240
All other natures of injury (on average)Less than $52,222

Part of Body

Multiple body parts$62,257
Hip, thigh, and pelvis$60,155
Arm or shoulders$49,838
All other body parts were injured (on average)Less than $49,838

These costs provide insight into how much you will receive when you file a personal injury claim. With these three elements, it may be challenging for you to secure and receive the right amount of compensation you deserve. You should talk to expert professional injury lawyers to assist you throughout the process.

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Why Workers Need Help from Personal Injury Lawyers?

Injured workers face many barriers to accessing benefits. It begins from the early stages of injury reporting and claim filing and all through the increasingly litigious workers’ compensation process.

The procedure became more complicated due to administrative adjustments made following the 2007 law, which increased the quantity and complexity of the following:

  • Claim forms
  • Incident reports for employers
  • Medical reports for healthcare providers

Many injured workers never apply for workers’ compensation. And vulnerable workers, such as immigrant and low-wage workers, face disproportionate barriers. A National Employment Law Project survey of over 600 low-income injured workers in New York City, Chicago, and Los Angeles found that only 9% received benefits.

That is why, at Porter Law Group, we help these people obtain the compensation they deserve. We take great pride in our track record of winning large settlements and verdicts for workers injured by negligence, unsafe working conditions, and unsafe equipment.

If your insurance or employer does not give you the compensation you merit, consider talking to our trial expert attorneys. We want you to be valued as much as possible, as we know that being permanently disabled is a serious matter and that justice should not be delayed or overlooked.

Speak to a Personal Injury Lawyer Today

At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.

We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or to schedule a consultation.

Written By
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
Legally Reviewed on June 6, 2024
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Michael S. Porter on June 6, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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