Temporary Disability Lawyers NY - Workers' Compensation Law Firm, OGA

A sprained or broken ankle, injured on the job, is an example of a temporary disability.

Workers' Compensation Temporary Disability Injury Law Firm Ouimette, Goldstein, & Andrews, Serving Clients of the Hudson Valley for Over 45 Years

If work injuries make it impossible for injured workers to return to their usual job, you are considered to have a disability. All injuries are first temporary, even those later found permanent. All benefits are also subject to the maximum weekly amount.

An injured worker with a temporary total disability cannot perform any work because of their injury and will be entitled to total disability benefits. This equals 2/3's of their average weekly wage to the statutory maximum.

An injured worker with a temporary partial disability has lost some ability to work and earn full wages. For example, an injured worker with a 50% temporary partial disability is entitled to 50% of their total disability rate.

What is a Temporary Disability?

When an injured worker has a disability after the accident, it is initially considered temporary. When the injured worker has a temporary disability, the insurance company must begin payments for lost wages once the injured worker is out of work greater than one week. Once the injured worker is out of work for more than two weeks, they are entitled to all benefits retroactive to the date the disability began, even the first week.

Frequently insurance companies disputed claims which could delay the start of workers' compensation monetary weekly benefits. The injured worker is covered for medical care from the day of the accident unless the insurance company is controverting the claim.

Who Qualifies for Benefits?

Anyone working for an employer required to carry workers' compensation insurance should have coverage. Coverage applies to any accident that happens on work property or while the employee is in the process of performing work-related tasks elsewhere. Exceptions that may prevent a claim are if the worker was engaged in illegal activity, acting irresponsibly, or intoxicated.

Why is Having a Lawyer Important?

Hiring a temporary disability lawyer from our firm will help with the confusion many workers experience as they file a claim. A successful claim and ensuring the receipt of all benefits can require excessive paperwork and the submission of numerous medical documents. A lawyer can help injured workers to ensure they provide all documentation to eliminate delays in compensation. A lawyer can also help with claim denials and with any other complication that may arise.

How Much are the Benefits?

Injured workers who qualify for compensation benefits receive two-thirds of their average weekly wage in cash benefits. The recipient does not pay taxes on the compensation received while they recover. Also included in the benefits is the coverage for all medical care related to the injury. The employee will not have to make any co-pay for these visits. If needed, workers' compensation also covers the cost of transportation to and from all medical appointments.

Temporary Disability Client Testimonial

"I spent a month trying to get my claim processed after my injury at work. I found the experience complicated, frustrating, and the local Workers' Compensation office wasn't much help. A friend finally told me to contact you, and I am glad I listened. I got my claim approved and just got my first check. It even included the back pay. Thanks for everything!"

-Michael W., Beacon, New York

Doctor Reviewing Case for Workers' Compensation Temporary Disability Law Firm Ouimette, Goldstein, & Andrews, Servings Clients of the Hudson Valley for Over 45 Years

Why You Need A Lawyer - A Disability Case Study

Research in 2011 comparing the compensation system in the United States with European models explained how the U.S. version used by the states could improve by implementing examples from European countries. The report highlighted the example of the Federal Workers' Compensation program that covers the needs of all federal employees.

The system, modeled after Germany's, works smoothly with few complications for the injured worker. However, the state programs protecting most U.S. workers place the burden on determining injury cause, severity, and duration on the physician. Many complications arise when a physician cannot predict or incorrectly predicts how a patient will recover.

The report suggests that the government could correct many problems existing in the system today through incentives that encourage the return to work while also addressing the delays and low-pay common with current compensation programs.

Physician involvement in the program would stop them from deciding who can work and who cannot. The changes would allow them to do their work as caregivers and to continue to help through workplace preventative programs and suggestions for a safer work environment.

Featured Ouimette, Goldstein, & Andrews NYS Disability Attorney

Eva Panchyshyn, Esq. started with us in 2001 and continued her career in Workers' Compensation and Social Security Law. A native of Ulster County, Eva graduated from Albany Law School. Eva is a member of the Injured Workers' Bar Association, the New York State Bar Association, and the Orange County Bar Association.

Ouimette, Goldstein, & Andrews Convenient Office Locations

Our temporary disability law firm offers a staff of trained and experienced professionals that help people receive their benefits sooner and with fewer complications. We believe all workers must have access to reliable legal advice regarding their rights after an injury. To ensure accessibility, we have four convenient office locations.

88 Market Street in Poughkeepsie NY
843 Union Avenue in New Windsor NY
100 Crystal Run Road, Suite 112 in Middletown NY
2 Executive Boulevard, Suite 410 in Suffern NY

Contact OGA Law Temporary Disability Attorneys for a Free Consultation

For over 45 years, the law firm of Ouimette, Goldstein & Andrews, LLP, has defended the rights of injured workers. Everyone should be able to provide for themselves and their families after an injury. Our team has the experience to help you achieve those goals. Every experienced temporary disability attorney in our firm can help you understand your rights and answer questions about your claim. We offer free consultations, so schedule an appointment today.

Please contact us today.