Partial Disability

When an employee is injured or becomes ill as a direct result of his or her employment, New York law requires the employer to provide benefits to the employee in the form of medical care and disability payments. An injured worker has a right to be represented by an attorney during the process of pursuing a workers’ compensation claim. If you have been hurt on the job and wish to discuss your case with an experienced Rockland County workers’ compensation lawyer, the Law Firm of Valerie J. Crown will be happy to assist you. We have been assisting injured individuals throughout Greater New York with their legal needs for nearly three decades, and we look forward to serving you in the respectful and compassionate fashion for which we are known.

We take the time to understand the specific situation of each person who comes to us for assistance, and we know that anyone injured on the job is dealing with physical, emotional, and financial difficulties. For this reason, we are committed to treating each of our clients as a person to be guided rather than a case to be handled. You can reach Valerie at any time by calling her cell phone directly at 845.598.8253.

Sometimes a worker is reluctant to make a claim for workers’ compensation benefits because he or she is concerned about job security or fears that he or she will be blamed for the accident that caused the injury. It is important to note that an employer may not legally fire or discriminate against an employee due to a workers’ compensation claim, nor may fault be assigned to the employee in an attempt to reduce his or her benefits award.

There are several types of disabilities for which an employee may be awarded benefits under the workers’ compensation laws of New York. These include:

• Temporary total disability, when a worker is unable to work at all for a period of time but is expected to return to his or her employment at some time in the future;
• Temporary partial disability, when a worker cannot work at full capacity for a time but is capable of some work;
• Permanent total disability, when a worker is no longer able to work at all, and the condition is expected to last for the rest of his or her expected working years; and
• Permanent partial disability, when a worker is able to return to work following an injury but has a permanent loss of a part of his or her wage-earning capacity.

Although an employer may dispute any part of a workers’ compensation claim, one of the most frequent sources of contention is the percentage of permanent partial disability (PPD) to which an injured worker may be entitled. PPD can be either scheduled or non-scheduled.

In scheduled loss of use cases, the employee is assigned a percentage of disability after he or she has reached a point of maximum medical improvement. Typically, this is done by the employee’s treating physician, but the employee may undergo an independent medical evaluation as well. A scheduled loss may refer to the loss of use of a particular body part, such as a finger or hand, or it may involve an upper or lower extremity. An employee may also receive PPD for a scheduled loss of hearing or eyesight.

In non-scheduled loss cases, the employee’s PPD award is based on his or her permanent loss of earning capacity and is payable according to a maximum number of weeks as set by statute. In addition to scheduled and non-scheduled disability awards, an injured employee who has sustained serious and permanent disfigurement to his or her face, neck, or head may also be entitled to specific compensation for these injuries.

Although the workers’ compensation system is purportedly designed to streamline the process of securing benefits for injured workers, disputes can and often do arise. To make sure your interests are represented, contact Rockland County workers’ compensation attorney Valerie J. Crown. You can call 845.708.5900 or contact us online to schedule a free appointment, or call Valerie on her cell phone at 845.598.8253. Your call will be directed to her rather than proceeding through an automated system. Work injury attorney Valerie J. Crown represents individuals throughout Greater New York, including in Rockland, Westchester, and Orange Counties. Se habla Espanol!