New York Short-Term Disability Lawyers
If you suffer a work-related injury and are unable to return to work while you recover, you likely will be eligible to collect workers’ compensation benefits. But what happens if you suffer an injury outside of work that also prevents you from working? Because your injury did not occur on the job, you won’t be eligible for workers compensation; however, you may be eligible to collect short-term disability benefits instead.The following information discusses New York’s short-term disability program, who is eligible for it and what benefits are available. If you have questions or concerns about any of the topics below, please contact a knowledgeable short-term disability lawyer.
What Is Short-Term Disability?
The state’s short-term disability program pays benefits to individuals who are employed or recently employed and who suffer off-the-job injuries and illnesses that prevent them from working for a short time (up to 26 weeks). This includes employees who are disabled due to complications arising from pregnancy. While this program is administered by the New York State Workers’ Compensation Board, it is a different program from workers’ compensation, which is reserved for workers who suffer on-the-job injuries and illnesses. New York is one of only a very small number of states that requires employers to carry short-term disability insurance, and it is intended to lessen the financial impact of non-work-related injuries that nevertheless put employees out of work for a short period of time.
Who Is Eligible for Short-term Disability in New York City and Long Island?
Virtually all employers in the New York metropolitan area, including New York City, Long Island, and Nassau County and Suffolk County, are “covered” employers under the program, which defines a covered employer as an employer of one or more persons on each of 30 days in any calendar year. The employer becomes covered four weeks after the 30th day of such employment. In order to pay for these benefits, covered employers are allowed (but not required) to take a contribution from their employees. The amount of this compensation is equal to one-half of one percent of any given worker’s weekly wages, but no more than 60 cents per week.
With a few exceptions (outlined below), all employees and recent employees of covered employers are eligible for short-term disability benefits. This includes:
- Employees of a covered employer who have worked for at least four consecutive weeks
- Employees of an employer who provides benefits by filing an Application for Voluntary Coverage
- Employees who change jobs from one covered employer to another covered employer (these employees are eligible for coverage from the first day of the new job)
- Domestic or personal employees who work 40 hours or more per week for one employer
Unemployed individuals are also covered under the program. For individuals who have been unemployed for fewer than four weeks, benefits are provided by the individual’s former employer’s disability insurance carrier. For individuals who have been unemployed for more than four weeks and who are collecting unemployment benefits, the Workers’ Compensation Board Special Fund for Disability provides the benefits. However, these individuals are not eligible to collect both unemployment benefits and short-term disability benefits for the same period of time. Contact a short term disability lawyer today to discuss the specifics of your situation.
How Much Are Short-term Disability Benefits?
Short-term disability benefits are provided in the form of cash payments that are equal to 50% of the employee’s average weekly wage for the eight weeks preceding the injury, but no more than $170 per week (as of the date of this publication). These benefits are paid for a maximum of 26 weeks during any 52 consecutive week period and begin on the eighth consecutive day of disability after a seven-day waiting period. Individuals who are collecting short-term disability benefits are prohibited from collecting paid family leave benefits while they receive short-term disability benefits.
Our Short Term Disability Lawyers Can Help You File a Claim
Individuals who become disabled must file an application for short-term disability benefits within 30 days of becoming disabled. Employees and former employees who have been unemployed for fewer than four weeks file a DB-450 form. Former employees who have been unemployed for more than four weeks and who are receiving unemployment benefits must use form DB-300. Both of these forms require a healthcare provider’s statement to be filled out by a physician that attests to the applicant’s disability and inability to work.
Approval for short-term disability benefits is not automatic; in fact, short-term disability benefits applications are frequently denied. When this occurs, the applicant may request that his or her claim be reviewed by the Workers’ Compensation Board, which will obtain further information and may even hold a hearing on the claim. Enlisting the aid of a short-term disability lawyer who has experience advocating on behalf of his or her clients at the Workers’ Compensation Board is the best way to ensure that you receive the benefits to which you are entitled should your claim initially be denied.
Contact a Short-Term Disability Lawyer at Turley, Redmond, Rosasco & Rosasco
If you have suffered an injury that prevents you from working, you should act swiftly to document your condition so that you can begin receiving benefits as quickly as possible. To get started, contact a short-term disability lawyer at Turley, Redmond, Rosasco & Rosasco by filling out our online form or calling 877-693-2529. We serve the communities of New York City and Long Island, including Nassau County and Suffolk County.