New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default How Long Do Benefits Last

    i was 28 years old when i was injurred at my job working for the town highway dept. in 2002, in 2003 i had surgery on a herniated disc and a split disc in my neck.. they removed the herniated disc and replaced it with a bone, a plating and screws the Dr. felt the split disc may get better,,, it didn't,.... in 2007 a new Dr. ( mine retired ) feels i need a second surgery but i dont like his odds and do not want to do this...

    i am totaly partial disabled with cronic back spasms and neck pain. i have prolonged getting the second surgery and now here it is 2009 i am getting SSD $850 and WC $603 ..... WC has been paying me since 2002 .

    i was wondering if some day they will stop or am i recieving them from now on or is there a time limmit? will i get offered a settlement if so how much should i expect ? any info would be great...

    i still can't work

  2. #2
    Join Date
    Mar 2009
    Posts
    289

    Default Re: How Long Do Benefits Last

    It's hard to give an exact amount on if they offer a lumpsum. Most likely they will not pay you for the rest of your life. They will probably stop at some point. When that happens it would be best for you to get an attorney to handle the IC and the courts. There is alot of in's and out's to the system, you don't want to get screwed and believe me in most cases they try too. Attorney normally don't charge anything up front and don't get pay unless you get paid. It's great that they(IC) have been good with you so far. Alot of people aren't that lucky. Take care.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: How Long Do Benefits Last

    i am totaly partial disabled with cronic back spasms and neck pain. i have prolonged getting the second surgery and now here it is 2009 i am getting SSD $850 and WC $603 ..... WC has been paying me since 2002 .
    As you are receiving SSDI, you are 100% 'disabled' under SSA rules. But SSA and WC are totally different, and seperate benefits with different criteria for being 'disabled'.

    What is your rating for the work injury? Or, is there a scheduled loss award.?
    That will help to determine how long you are entitled to PPD payments.
    If you were determined to be 100% 'disabled' under the comp rules,
    Permanent Total Disability
    The employee's wage-earning capacity is permanently and totally lost. There is no limit on the number of weeks payable. In certain instances, an employee may continue to engage in business or employment, if his/her wages, combined with the weekly benefit, do not exceed the maximums set by law.
    On the other hand...
    Permanent Partial Disability
    Part of the employee's wage-earning capacity has been permanently lost on the job. If the work related accident or date of disablement occurred before March 13, 2007, benefits are payable as long as the partial disability exists and results in wage loss, except for schedule loss of use. If there is no wage loss or reduced earnings as the result of the partial disability, only medical benefits are payable.
    Appearantly, as you are 100% disabled under SSA rules, and cannot work, then under the NY comp rules, you continue to suffer wage loss, and would then be entitled to continuing PPD benefits for as long as there is wage loss.

    So... continuing comp benefits are paid based on 'wage loss'...and your date of injury.http://www.wcb.state.ny.us/content/m...ilityClass.jsp

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How Long Do Benefits Last

    permanent partial benefits are payable as long as the partial disability exists and results in wage loss. there will be no settlement or lumpsum buy out unless or until one is negotiated.
    Last edited by .SH; 06-08-2009 at 07:39 AM.

  5. #5
    Join Date
    Mar 2009
    Posts
    61

    Default Re: How Long Do Benefits Last

    You will receive benefits for as long as you are unable to work.

    Whatever you do, do not admit to anyone that you planned on retiring at any age, because that question may come up at a hearing and if you admit retirement plans you could be cut off at that age. You were planning on working until you died, correct?

    Quote Quoting wayne View Post
    i was 28 years old when i was injurred at my job working for the town highway dept. in 2002, in 2003 i had surgery on a herniated disc and a split disc in my neck.. they removed the herniated disc and replaced it with a bone, a plating and screws the Dr. felt the split disc may get better,,, it didn't,.... in 2007 a new Dr. ( mine retired ) feels i need a second surgery but i dont like his odds and do not want to do this...

    i am totaly partial disabled with cronic back spasms and neck pain. i have prolonged getting the second surgery and now here it is 2009 i am getting SSD $850 and WC $603 ..... WC has been paying me since 2002 .

    i was wondering if some day they will stop or am i recieving them from now on or is there a time limmit? will i get offered a settlement if so how much should i expect ? any info would be great...

    i still can't work

  6. #6
    Join Date
    Jun 2009
    Posts
    1

    Default How Long Do Benefits Last

    To not expect a song or two that I wont care for would be far too kind to DMB at this point.

    Lets have them put out a listenable, enjoyable album before we ask whether or not itll be perfect.

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