File a Long Term Disability Claim in New York
There are close to 9 million people who have been reported as being employed in the state of New York. Of these, almost 4 million work within the New York City metropolitan area. And while many workers go their entire lives without ever encountering a serious accident on the job, many others suffer major injuries that often prevent them from being able to work. Long-term disabilities can result in workers being unable to provide for themselves or those that depend on them for years, possibly for the rest of their lives.
Thankfully, disability insurance is provided by a number of different sources in NY, providing payment that helps injured workers continue with their lives, despite being unable to work. But the search for disability benefits is often difficult.
Disabled workers deserve to understand their full rights and options under state law in order to receive the compensation they deserve. To better understand the compensation you are entitled to receive and what actions must be taken in order to find success in your search, contact the NY long-term worker disability lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. Our legal team has years of success in the field and can provide you with the information you need through a free consultation. Contact us today by calling (212) 986-7353.
Disability Rights Under New York Law
Those who have suffered long-term disability injuries have several possible sources of compensation, which will provide them with benefits while they are unable to work and support themselves and dependants. The State of New York has created disability benefitsfor those who were injured during work. These rules can be found under New York Workers' Compensation Article 9 and eligible workers can receive up to half of their weekly wages; however, this amount is capped at $135 per week.
Additionally, individual companies and workers can pay for Long-Term Disability Insurance, which provides various rates and restrictions that are tailored for each insurance plan.
Outside of these, the U.S. Social Security Administration (SSA) provides Social Security Disability Insurance (SSDI), which provides compensation for disabled workers. However, to qualify, a worker must suffer a disability that prevents him or her from performing his or her previous job or adjusting to a new job and the disability must last at least one year or be expected to result in death.
Understanding Disabilities and Possible Benefits
There are various forms of disabilities and each affect workers in different ways. However, long-term disabilities are generally seen as those that last longer than one year; anything less is commonly referred to as a short-term disability. Additionally, disabilities are categorized into partial and total disabilities. Partial disabilities affect only some of a worker's abilities, but he or she may be able to continue to work or work in a different field. A total disability prevents the victim from performing any sort of work. Either of these can be short-term or long-term, depending on how long they last.
SSDI benefits are only given to those suffering a long-term total disability. However, Long-Term Disability Insurance in New York can be provided for both total and partial disabilities. This type of insurance will typically provide benefits totaling 50 to 60 percent of pre-disability monthly earnings for a total disability, but benefits for partial disabilities vary, depending on how a worker has been affected.
NYC Attorneys Provide Dedicated Legal Representation for Disabled Workers
It is an unfortunate reality that workers suffering from severe disabilities may face opposition when pursuing fair workers' compensation. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP our New York workers compensation attorneys have the experience and dedication to give you the best opportunity to find full and fair compensation for your continuing losses. To learn more about how we may be able to aid you, contact our offices today at (212) 986-7353.