Have you been involved in a workplace accident in New York resulting in a permanent disability? If so, you’re likely facing some pressing financial challenges. And while workers’ compensation should provide benefits to help you cover expenses, it will take time to process and approve your permanent disability benefits.
Some workers’ compensation programs offer permanent disability advances to applicants in these circumstances. While this isn’t technically an option in New York, there are other ways to address your financial needs.
What is Considered to Be a Permanent Disability in New York?
A worker has a “disability” per the New York State Workers’ Compensation Board when they can’t return to their job due to their injuries. There are two forms of permanent disability in New York’s workers’ comp system:
- Permanent Total Disability –Permanent total disability is when a worker has permanently lost their ability to earn wages. There is no limit to the number of weeks a worker can receive benefits in these circumstances. Sometimes, they can even continue working in some capacity while also receiving benefits. This is an option when the sum of a recipient’s wages and weekly benefit is less than the legal maximums.
- Permanent Partial Disability –A partial permanent disability, on the other hand, is one that affects a worker’s ability to earn wages but does not entirely prevent them from doing so. There are typically limits to how many weeks injured workers can receive benefits with this form of permanent disability.
What is a Permanent Disability Advance?
As a general rule, it takes time to determine that a disability is permanent rather than temporary. During this time, a worker will not receive permanent disability benefits, even if they have a condition that will likely qualify them for those benefits.
In some states, workers’ compensation may offer workers permanent disability advances. A permanent disability advance is a payment a worker receives before reaching a settlement with the insurance company. A permanent disability advance can reduce financial strain for an injured worker and their family as they undergo medical treatment and adjust to loss of income.
Are Permanent Disability Advances Available in New York?
New York’s workers’ compensation system doesn’t currently offer permanent disability advances. However, injured workers may have other options to help them cover expenses while they wait to resolve their cases. These options may include:
- Signing a Section 32 Waiver Agreement –Negotiating a Section 32 waiver agreement with an insurer may be an option in some circumstances. With this agreement, you forfeit your right to receive future benefits. Instead, you agree to accept a lump sum settlement. Agreeing to this option might help you receive money faster if it seems the insurance company is agreeable to it. However, you must carefully assess the implications of such an agreement before signing one. Strongly consider reviewing this option with a legal professional to confirm it’s right for you.
- Pursuing your medical benefits–Your employer’s insurer is responsible for paying your medical bills. You have the right to choose your own doctor, but they must be approved by the Workers’ Compensation Board for New York workplace injuries. You may only receive care from an unapproved healthcare provider in emergency situations. Remember, you don’t have to pay a healthcare provider directly when you choose an approved provider.
- Seeking other assistance – If money is really tight, you might be eligible for other governmental assistance programs. These include Supplemental Nutritional Assistance Programs (SNAP), Temporary Assistance for Needy Families (TANF), and rent assistance. Private charities may also be willing to offer help. Research the options available in your area to learn more.
A legal professional may also help by connecting you with services and organizations that offer assistance to individuals like you. They’ll also explain what types of bills and receipts you should keep copies of. Saving necessary documentation will play a critical role in helping you qualify for the benefits you may deserve.
Contact a New York Workers’ Comp Lawyer
Applying for workers’ compensation in New York can be a confusing process, and you likely have questions about your right sand options. Permanent disability advances is just one example.
Luckily, you don’t have to navigate this process alone. A New York workers’ compensation lawyer at Fusco, Brandenstein & Rada, P.C. can answer your questions and assist you with every step of the process. We want to help you seek all of the benefits for which you’re eligible and receive them in a timely manner. Get started today by contacting us online or calling us at 516-496-0400 for a free case review.