Highland Workers’ Compensation Attorney Advises on Permanent vs. Temporary Disability Benefits

Understanding your rights after suffering a disabling workplace injury

If you were hurt on the job in New York State and your condition prevents you from returning to work, you rely on workers' compensation disability benefits to prevent financial hardship. At Peter M. Cordovano, P.C. in Highland, my firm is committed to helping clients receive the full measure of benefits while they are disabled. Should your injury lead to permanent disability, I am a strong advocate who will pursue a resolution that protects you and your family for years to come.

Overview of workers' compensation disability benefits 

Workers' compensation disability benefits typically replace about two-thirds of the wages a claimant loses when they cannot work due to a job-related injury or illness. The precise amount and duration of benefits can vary, based on the severity of the disability, the type of work you do and whether the injury is temporary or permanent. There is a maximum weekly benefit that changes annually under New York law ($1,171.46 through June 30, 2025). You can also receive vocational rehabilitation services if you are unable to return to your previous job might be able to take a different type of job.

How temporary disability benefits work

Workers’ comp provides temporary disability benefits to workers who miss work for a short time, but are expected to recover and return to their previous job. Benefits are paid until you are able to return to work, or until a physician concludes you have reached the point of maximum medical improvement (MMI). An MMI designation means that your condition has stabilized, and you are unlikely to improve further. When workers can return in a limited capacity, which might involve part-time work or reduced job responsibilities, they may receive partial disability benefits to supplement their loss in earnings.

How permanent disability benefits work

If your injury results in a permanent disability, you may qualify for permanent disability benefits when you attain MMI. In New York, permanent disability benefits are divided into two categories: 

• Permanent partial disability — When the claimant can still perform limited work, they are eligible for permanent partial disability benefits. Amounts are based on a percentage of the worker's average weekly wage and are paid over a fixed period, which varies depending on the severity of the injury and the body part affected.
• Permanent total disability — An award of permanent total disability occurs when a workplace injury victim is unable to return to employment in any capacity. These benefits are paid until your normal retirement age, at the same rate as temporary total disability. 

Workers who are eligible for permanent total disability often receive a lump-sum settlement.

Factors influencing benefit classification and eligibility

Several factors influence how a worker’s injury is classified and their eligibility for specific benefits. These include the severity of the injury, whether the worker has returned to work and the extent to which the injury affects the worker’s ability to perform regular duties.

The New York State Workers' Compensation Board uses medical reports and evaluations from physicians to determine the extent of the injury. The doctor’s opinion is crucial in determining the type and duration of benefits. Workers who fail to provide sufficient medical evidence or do not cooperate with the required medical exams may face delays or denials of benefits.

Transitioning from temporary to permanent benefits

In many cases, workers transition from temporary to permanent disability benefits. This typically happens when a worker reaches MMI and their permanent inability to work is confirmed. This is a crucial period because there might be disagreements over the medical evidence and how it should be interpreted. As a disability attorney, I represent clients and present the support necessary to secure a proper rating. 

Contact a New York workers’ compensation attorney for a free disability benefits consultation 

Peter M. Cordovano, P.C. in Highland represents injured employees throughout New York State in matters involving workers’ compensation disability benefits. To schedule a free consultation, call 845-640-3846 or contact me online.