Legal Question in Workers Comp in New York

Re: What do I do next?

Unfortunately, the law often times does not consider disability from your past relevant work. Rather it focuses on your ability to work generally in the local economy, whether or not you could actually find work.

There are a couple of things you can try. First, there are non-compensation remedies such as unemployment and social security disability. Unemployment can pay when your employer won't take you back and you are otherwise ready, willing and partially able to work. Social Security Disability may also be an option but this is usually for long term disability and generally, workers under the age of 50 years old have a more difficult time qualifying.

Lastly, if you find a job that pays you less than your prior job, you may apply for "reduced earnings" benefits. This is often overlooked by most workers because they are often looking for work which pays equivalent to what they were capable of getting before the accident. Reduced earnings benefits permit you to take a lesser paying job and Workers Comp supplements a part of the difference. If you find work you must report it immediately to the Comp Insurance Company.