Can You Get Disability And Workers Comp Benefits in New York?

Yes, in New York an injured worker may be eligible to get Social Security Disability Insurance (SSDI) benefits and Workers’ Compensation benefits at the same time. However, the relationship between disability benefits and Workers' Compensation can be complex and depends on your unique situation.

New York State Disability, Social Security Disability (SSDI), and Workers' Compensation programs have their own application process and eligibility requirements.

In this article, you'll learn the eligibility requirements for each of these program, and how disability benefits can impact your workers' compensation claim.

If you have questions about your eligibility for disability and workers' comp benefits in New York, call (516) 997-0997 or contact us online for a free lawyer consultation.

Eligibility for Workers’ Comp in New York

Workers’ Compensation Benefits are insurance that provides financial assistance and benefits to nearly any employee in New York who suffers a work-related injury or illness.

In New York, there is essentially one overarching workers' compensation program that operates under the legal framework and regulations set by the New York State Workers' Compensation Board.

Workers' Comp. Benefits

• Medical Benefits: Coverage for necessary and reasonable medical treatment and medical bills
• Cash Benefits: Temporary payments to help replace your lost wages if your workplace injury or illness prevents you from working for at least seven days (generally up to two-thirds of your average weekly wage). They are typically divided into:
  • Temporary Total Disability (TTD): For workers who cannot work at all during their recovery. Benefits usually amount to a percentage of the worker's average weekly wage
  • Temporary Partial Disability (TPD): For workers who can return to work but in a reduced capacity, resulting in lower earnings. Permanent partial disability benefits compensate for the difference in your lost wages
• Permanent Total Disability (PTD) Benefits: For workers who are permanently unable to return to any form of gainful employment due to their injury. PTD benefits are typically paid for life and are based on a percentage of the worker's average weekly wage
• Vocational Rehabilitation: This benefit helps injured workers who cannot return to their previous job due to their injury. It includes services like job training, career counseling, and assistance in finding new employment
• Death Benefits: If a worker dies as a result of a work-related injury or illness, their dependents may receive death benefits. These typically include compensation for lost income and coverage for funeral and burial expenses

To be eligible to collect workers compensation in New York:

1. You must be an employee. Independent contractors are generally not eligible, though determining employment status can be complex.
2. The injury or illness must be work-related, occurring while performing job duties or as a result of your work activities.
3. You (the employee) must report the injury or illness promptly (there is a 30-day reporting deadline).
4. You must file a workers' comp claim within 2 years of the injury

Workers' compensation coverage includes:

• Full-time employees
• Part-time employees
• Temporary workers
• Seasonal workers
• Casual/Day laborers
• Undocumented workers

Exceptions

Some specific types of workers are not covered by New York workers' compensation:

• New York City police, firefighters, uniformed sanitation workers, and public school teachers (covered by other compensation systems)
• Federal employees (covered under Federal Workers' Compensation Laws)
• Members of the clergy and certain employees of religious nonprofits

Eligibility for Disability Benefits in New York

There are two main types of disability benefits in New York:

• Social Security Disability Insurance (SSDI)
• New York State Disability Benefits

To qualify for SSDI:

• You must have worked and paid Social Security taxes.
• You must have a medical condition that meets the Social Security Administration's definition of disability.
• The disability must be expected to last at least one year or result in death.

Learn more: Am I eligible for SSDI?

To qualify for New York State Disability Benefits:

• You must be employed or recently unemployed.
• The disability must be due to an off-the-job injury or illness.
• You must be under the care of a qualified healthcare provider

Social Security Disability Insurance (SSDI) & Workers' Compensation

You can potentially receive both SSDI and Workers' Compensation benefits at the same time.

However, if you receive Workers' Compensation benefits, it may affect the amount of your social security disability benefits.

The combined amount from both programs cannot exceed 80% of your average earnings before you became disabled.

New York State Disability Benefits & Workers' Compensation

You typically cannot receive both New York State Disability Benefits and Workers' Compensation simultaneously, as they serve different purposes (off-the-job vs. on-the-job injuries).

However, there are some exceptions.

If your Workers' Compensation claim is contested or controverted, you may be eligible for New York State Disability Benefits while your claim is being resolved.

How Workers’ Compensation Affects Disability Benefits

If you receive Workers’ Compensation benefits, it may affect the amount of Social Security Disability benefits you receive.

Additionally, you can collect Social Security Disability Insurance (SSDI) alongside Workers' Compensation benefits if your disability is expected to last long-term, but the total amount received may be limited based on you prior earnings.

The Social Security Administration (SSA) may reduce your Disability Benefits if you receive Workers’ Compensation benefits. However, you may still be eligible for Disability Benefits even receiving Workers’ Compensation benefits.

Common Issues & Considerations

Denials & Appeals

According to available data from the U.S. Bureau of Labor Statistics (BLS) many workers' compensation claims are initially denied. This is often due to a missed deadline, lack of medical documentation, or your employer or their insurance company disputing the validity of your workplace injury.

If your application for disability benefits or Workers’ Compensation is denied, you can appeal the decision.

Your appeal must be filed within 30 days of receiving the denial letter or the judge's decision, as stipulated by the Workers' Compensation Law§ 23.

It's critical to act quickly. Consult with an experienced attorney to help you with the appeals process.

Settlements & Lump-Sum Payments

If you receive a Workers’ Compensation settlement or section 32 lump sum settlement, it may affect your Disability Benefits.

Permanent partial disability, which are provided if you can no longer perform your previous job duties but can still engage in some form of employment, can also be influenced by such settlements or payments.

You should talk with a disability lawyer at our firm to determine how your settlement or payment may affect your benefits. You may need to report the settlement or payment to the SSA.

Important Deadlines & Time Limits

After a work-related accident, you have a limited time to file a claim for Social Security disability benefits and workers' compensation.

In general, important claim deadlines include:

1. Notification deadline: After a workplace injury, the worker must notify their employer in writing within 30 days of the injury or illness
2. Claim filing deadline: You have up to two years from the date of your injury or illness to file a workers' compensation claim
3. Exception for occupational diseases: For occupational diseases, the two-year period begins from the date you knew or should have known that the condition was related to your employment
4. Exception for occupational hearing loss: There is a 90-day deadline (instead of two years) to file a workers' compensation claim for occupational hearing loss

If you miss one of these deadlines, you may not be eligible to obtain benefits or collect workers' comp. Speaking with an attorney at our law firm can help determine the time limits for your claim.

Get Help From A Workplace Injury Attorney at Terry Katz & Associates

An experienced attorney can help you get the maximum amount of combined benefits from disability payments and workers' compensation for your injuries.

If you have a permanent disability, a Social Security disability attorney at Terry Katz & Associates can help you navigate the complexities of long-term benefits claims, including workers' compensation and Social Security Disability Insurance (SSDI).

We'll help you understand how receiving both benefits may affect your eligibility and benefits amount, and the workers compensation laws that may affect your claim. We'll also represent you in appeals and negotiations with the SSA and your state’s Workers’ Compensation program.

Injured At Work? Call Us Today To Discuss Your Next Steps

If you've been hurt or gotten sick because of your job, you have a limited time to file a workers' compensation case. Obtaining full benefits is not always straightforward.

The experienced workers' comp lawyers at Terry Katz & Associates can help.

If you have questions about your eligibility for disability and workers' comp benefits in New York, call (516) 997-0997 or contact us online for a free consultation.