All claims for worker’s compensation in New York must be submitted through the state board. They must include forms C-3 and 4, which identify the injuries or illness for which the claim was filed. Initially, the decision is up to the insurance company. However, when the claimant wishes to contest the findings of the insurer’s evaluation, the board conducts its own review of the case.
Understanding Disability Levels
When Workers Compensation Benefits are awarded, the insurer determines the duration of time in which the employee should review them. This is based on the level of disability caused by the injury or illness. A long-term disability which isn’t permanent could require these payments for a significantly greater duration than others. However, if it is established that the worker has an unchanging disability, the board or the insurer could help them acquire social security disability benefits instead of worker’s comp.
Disabilities are assigned a variety of classifications. They are temporary or permanent. They are further identified as total or partial. This determines that the employee has a disability which affects them for a short duration. However, the difference is that total disability implies that the worker has lost their full capacity to earn their wages for during recovery. However, if the disability is permanent, it affects them throughout their lives.
Further Classifications of Disabilities
These classifications also include schedule and non-schedule loss of use. Schedule loss of use applies to appendages such as the arms and legs. It also includes hearing and eyesight. Any conditions that affect these body parts, and abilities fall within this disability category.
Non-schedule loss of use applies to internal functions. This encompasses conditions that affect the brain, heart, and lungs primarily. Occupational diseases would fall within this category, if they cause complications that affect these organ systems.
Workers Compensation Benefits are awarded according to the level of disability. This is determined after the insurer reviews the claim to establish if the condition is temporary or permanent. They also identify whether it is a total or partial loss which affects earning capacity. If you need assistance when filing a worker’s compensation claim, you should contact William D. McGillicuddy Law Office PC today.
