Legal Question in Workers Comp in New York

what is the difference between total and partial dissability?


Asked on 3/16/10, 12:21 pm

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

total disability means that you cannot do any job. Partial disability means that you have restrictions, which prevent you from doing jobs. There are several levels of partial disability mild (25%), moderate (50%) and marked (75%).

If you were involved in a work related accident in the NY Metro area, please contact my office.

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Answered on 3/21/10, 12:53 pm
Brian Mittman Markhoff & Mittman, PC

Mr. Kessler is right on target. I would only add that while you maybe totally disabled from your work it does not mean that you are totally disabled from ALL types of work, even if you have done your type of work for thirty years! Its a hard reality but the Insurance Industry and unfortunately even many members of the Workers Compensation Board will do what they can to find a way to stop or reduce your payments even though it is not part of the law!

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Answered on 3/23/10, 5:02 am


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