Dennis Kenny Law
Menu Contact
View Our Practice Areas

Can you get disability if it was not a workplace accident?

Workers in New York who suffer an injury or illness on the job will generally be able to get workers' compensation benefits. This is essential for people who cannot work and need payments to make ends meet and to cover medical expenses. What they might not know is that they can also get disability benefits if the injury or illness took place off the job. This is under the umbrella of the Workers' Compensation Board. Understanding what benefits are available if they were injured off the job and how to go about getting them is critical to the process.

Since most employers are required to have disability insurance, workers who became injured or ill off the job can receive temporary cash benefits if their issues stop them from working. For cash, the worker will get half their average weekly wages with a maximum of $170 weekly. This is based on what they earned in the previous eight weeks until the final day they worked before being injured or getting ill. There will be Social Security taxes on these benefits.

Workers must wait seven days before getting the benefits. The payments will start on the eighth consecutive day in which they were disabled. The initial benefit payment will be due within four days following the fourteenth day. While the worker is disabled, the payments will come every two weeks. While the worker is receiving these payments, quitting the job for a reason that is not linked to the disability can impact the payments.

A pregnant woman can get disability during maternity leave. Since disability can take place during pregnancy or post-childbirth, these benefits will be available. It is required that a physician or a certified nurse midwife certifies that the disability is in place. Should a claim be rejected, a worker has the right to ask for a review. The request must be sent to the Disability Benefits Bureau at the Workers' Compensation Board.

Disability benefits can be crucial to making ends meet after a worker has suffered an injury or became ill off the job. Understanding the benefits available and the steps necessary in any situation is imperative. A law firm that is experienced in helping workers with disability and workers' compensation can try to help with a claim.

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Newburgh Office: Main Office
288 North Plank Road
Newburgh, NY 12550

Toll Free: 888-312-5516
Phone: 845-764-4494
Newburgh Law Office Map

Poughkeepsie Office
3344 U.S. 9, 1st Floor
Poughkeepsie, NY 12601

Toll Free: 888-312-5516
Phone: 845-764-4494
Poughkeepsie Law Office Map

Goshen Office
55 Main Street
Goshen, NY 10924

Toll Free: 888-312-5516
Phone: 845-764-4494
Goshen Law Office Map

Kingston Office
303 Clinton Avenue, 2nd Floor
Kingston, NY 12401

Toll Free: 888-312-5516
Phone: 845-764-4494
Kingston Law Office Map

Albany Office
18 Computer Drive West
Albany, NY 12208

Toll Free: 888-312-5516
Phone: 845-764-4494
Albany Law Office Map