Experiencing an injury that keeps you from working can be a stressful situation. In addition to the physical recovery you face, the financial burden of lost income and increasing medical expenses can quickly become overwhelming. It’s important to know that you likely have rights and options, and understanding these can greatly impact your well-being during this difficult period. Please continue reading as we explore the steps you should take if you can’t return to your work duties after an injury in New York, and how a determined New York City Injury Lawyer can help you fight for the compensation you deserve.
What Does “Can’t Work After an Injury” Actually Mean?
When you sustain injuries, whether on the clock or off duty, you may be physically unable to work for a period of time. This can include:
- Temporarily missing work duties during your medical recovery
- Having your job duties restricted or modified
- Being unable to perform your previous job duties
- Suffering a permanent disability that inhibits your earning capacity
The legal options you have depend on:
- Where the injury occurred
- Who is responsible for the injury you suffered
- How long you are expected to be unable to work
What Are My Options if I Was Injured at Work?
If you have suffered an injury in Westchester County due to another’s negligence and can’t work, the specific avenue for support will depend heavily on the unique circumstances surrounding the incident. If your injury occurred while you were on the job, you may be eligible for workers’ compensation.
Workers’ Compensation Benefits
This is a no-fault system that provides benefits such as medical care, lost wages, and rehabilitation services to cover work-related injuries and illnesses. It’s important to note that this process can be complex, involving:
- Timely reporting
- Medical documentation
- Insurance review
You should also understand the potential disputes that could arise regarding:
- Extent of your injury or disability
- How much wage you’ve lost
- Your ability to return to work
What if My Injury Was Caused by Someone Else’s Negligence?
If your injury was caused by another party’s negligence (e.g., an auto accident, a slip and fall accident, or a defective product), you may be entitled to pursue a personal injury claim.
Personal Injury Claim for Lost Income and Other Damages
In these cases, you would seek compensation for:
- Lost income
- Loss of future earning capacity
- Incurred medical expenses
- Pain and suffering
Filing a personal injury lawsuit often involves collecting evidence like pay stubs and medical records, while negotiating with insurers and potential litigation.
What Are “Lost Wages” and What Do They Include?
When you are hurt and unable to work in Westchester County, you may be eligible to recover lost wages. This generally includes:
- Regular earnings, regardless of whether you’re salaried or hourly
- Overtime and shift differentials when applicable
- Bonuses and commission, with supporting evidence
This compensation reflects the income you could not earn due to your injuries. As such, this is entirely separate from:
- Your medical costs
- Your non-economic damages
- Your long-term loss of earning capacity
How Is Lost Income Calculated?
If you wish to seek compensation for your lost income, understanding how these losses are calculated is critical. Additionally, how this compensation is determined depends on the length that you are unable to work.
Short-Term Lost Wages
If you are only unable to work for a short period of time, the courts will examine:
- Your salary and wage record
- Documented missed workdays or hours
However, the way in which these losses are calculated will depend on whether you are hourly, salaried, or commission-based.
Long-Term or Permanent Loss of Earning Capacity
If you are unable to work for an extended period of time, your wages will be based on factors like:
- Your age and work history
- The severity of the injury and its permanence
- Your occupational skill level
- The ability to retrain in another field of work
- Your expected future wage
These claims are often supported by medical and vocational documentation to help prove the severity of these injuries.
Do Disability Benefits Apply if I Can’t Work?
Additionally, you may qualify for temporary disability through the state or permanent Social Security disability insurance.
New York Temporary Disability Benefits
You are typically eligible if you have been unable to work for more than seven consecutive days. The benefits are equal to 50% of your average weekly wage, up to a maximum of $170 per week. These benefits are paid for a maximum of 26 weeks during any 52-week period.
Social Security Disability (For Long-Term Inability to Work)
For long-lasting conditions that render you unable to work for at least a year or result in death, you may be eligible for Social Security disability benefits. These benefits can provide a percentage of your income for a specific period if you are unable to work due to an injury. However, you must understand the terms of your policy, including mandatory waiting periods and benefit durations.
What Should I Do if I Can’t Work After an Injury?
In the event you have suffered an injury that renders you unable to work, you should:
- Report the injury where required (whether it be to your employer or the police)
- Seek immediate medical evaluation
- Adhere to medical advice
- Gather copies of the following evidence
- Pay stubs
- Work-restriction notes
- Communications with your employer
Good documentation can have a significant impact on how your wage-loss claims are evaluated.
Unfortunately, workers’ compensation, disability benefits, and personal injury claims all have different rules and requirements, which can make navigating your options complex. As such, working with a Westchester County accident attorney is in your best interest.
Speak With a New York Injury Lawyer About Your Legal Options
In the event you are injured and left unable to work, understanding your legal options is critical. That is why working with an experienced attorney with The Bàez Legal Group is in your best interest. Our team can examine your circumstances to help you determine the best course of action. Contact us today to learn how we can represent you.
