Workers' Compensation
Social Security Disability

Workers' Compensation

Any worker, volunteer firefighter, or volunteer ambulance worker who has been injured as a result of an on-the-job injury or work related condition is entitled to file and receive Workers' Compensation benefits. This includes workers who have been injured the first day on the job, off-the books employees and illegal aliens. Under New York State law, all employers must carry Workers' Compensation insurance for their employees or be self-insured. If an employer fails to obtain Workers' Compensation insurance, eligible workers may still be able to obtain Workers' Compensation benefits through the Uninsured Employers' Fund. Workers' Compensation insurance includes monetary benefits and medical care.

A worker who is injured should immediately report his or her injury to a supervisor and request that an accident report be completed. The injured worker should then seek immediate medical attention for the injury. Under New York State Law, you are entitled to receive all essential medical care, and all medical bills must be paid by your employer or the company's insurance carrier. Once you have sought medical attention, you should file a C-3, Employee's Claim for Compensation Benefits. This C-3 form can be obtained by contacting your local Workers' Compensation Board or by calling our office. If you retain our services, our office will help you complete a C-3 form and file it with the Workers' Compensation Board. If you have been injured and have not reported this injury to a supervisor or sought immediate medical attention, you should consult with one of our attorneys immediately to determine your legal rights.

On March 13, 2007, Governor Eliot Spitzer signed into law a sweeping Workers' Compensation Reform initiative. Klee & Woolf, LLP, as one of the area's leading firms concentrating in Workers' Compensation Law, is on the cutting edge of applying these new laws to New York's injured workers. From July 1, 1992, to July 1, 2007, injured workers were entitled to receive as much as two-thirds of their average weekly wage up to a maximum of $400.00 per week. Beginning July 1, 2007, through July 1, 2008, workers injured on the job will have their rate increased from $400.00 per week to $500.00 per week. The benefit will increase to $550.00 per week in 2008, and to $600.00 per week in 2009. Starting July 1, 2010, the weekly maximum pay will be calculated at two-thirds of the state average weekly wage, and adjusted for inflation each July thereafter. Injured workers who are out of work may be entitled to weekly compensation benefits whether they are classified as totally or partially disabled. All compensation payments are tax free.

Depending on the type of injury sustained, injured workers may be entitled to sizable cash awards even if they have not missed a single day from work because of their injury. Moreover, you may be entitled to receive weekly compensation benefits if you have returned to work and are making less money per week because of your injury.

In addition to your claim for Workers' Compensation benefits, in some instances, you may have the right to sue a third party (not your employer) for personal injuries if they contributed to or caused your disability. If you are unsure about your legal rights, contact our office immediately and request a free consultation with one of our attorneys.

Social Security Disability

• Are you disabled and need to file for Social Security Disability Insurance Benefits (SSDB) or Social Security Income (SSI)?
• Or have you applied for SSDB or SSI and been denied?

If you are disabled from working and qualify, you may be able to access your Social Security Benefits prior to retirement age. Social Security Benefits include disability benefits if you have "a physical or mental impairment that is expected to keep you from doing any substantial work for at least a year" - or a condition that is expected to result in your death. Generally, $800 or more of monthly earnings are considered to be "substantial." The exact amount of benefits is determined by the money you have earned and how many years you contributed to Social Security.

As soon as your medical provider determines that you are totally disabled from working, you should file a claim for disability benefits. Even though in most cases the monthly disability benefits do not begin until the sixth full month of your disability, you can get the process started so that when the waiting period is satisfied, benefits can be paid.

There are many factors which are considered in determining your entitlement to benefits. These factors include your physical or mental impairments, your age, your education, and your past work.

Recipients of SSDB may also receive other benefits (such as Workers' Compensation) although there may be an offset in determining your monthly benefit.

In addition to the monetary benefit, you may be entitled to Medicare benefits as well. Both benefits will continue as long as you remain disabled. Your disability may be occasionally reviewed to determine if you are still disabled.

Social Security Disability Benefits continue unless your condition improves or you can return to substantial work. There are special rules which offer incentives to disabled persons to try working without the risk of a sudden loss of the monthly benefits and Medicare coverage.