If you’ve been injured or become ill because of your job, understanding your options for financial support is crucial. Two common types of income replacement are Workers’ Compensation benefits and Long-Term Disability (LTD) insurance. While both can provide financial help if you’re unable to work, they serve different purposes and have very different rules.
Here’s what you need to know and how Losi & Gangi can help you navigate a workers’ comp claim in New York State.
What is Workers’ Compensation?
Workers’ compensation is a benefit system regulated by the state of New York that provides support to employees who are injured or become ill as a direct result of their job duties. This includes injuries from workplace accidents or illnesses developed over time due to work conditions.
Workers’ comp in New York offers:
- Medical Benefits: Payment for necessary medical care related to your work injury or illness.
- Wage Replacement: Up to two-thirds of your average weekly wage, but no more than a maximum set by the state.
- Rehabilitation Support: Vocational retraining or therapy services if needed.
One key difference from other types of insurance: you do not need to prove someone else was at fault to receive workers’ comp benefits. As long as your injury or illness is work-related, you may qualify—even if the incident was partly your own fault.
What is Long-Term Disability Insurance?
Long-Term Disability (LTD) insurance replaces part of your income if you are unable to work due to a non-work-related injury or illness. LTD is typically offered as part of an employer-sponsored benefits package, though some people purchase private policies.
LTD is not related to workers’ compensation and won’t apply if your condition is tied to your job. Instead, it may be used for serious conditions like cancer, heart disease, or mental health disorders that keep you from working over an extended period.
LTD plans vary by provider, but many replace 50% to 80% of your regular income and begin paying benefits after a waiting period (often 90 to 180 days). Benefits may continue for a set number of years, or in some cases, up to retirement age.
Comparing Workers’ Comp and LTD
Eligibility:
- Workers’ compensation covers injuries and illnesses directly caused by your job.
- LTD covers non-work-related conditions that prevent you from working.
Medical Coverage:
- Workers’ compensation includes medical treatment costs for your injury or illness.
- LTD does not include medical costs—it only provides wage replacement.
Claim Process:
- Workers’ comp requires you to notify your employer (within 30 days in NY), file a claim with the Workers’ Compensation Board, and often deal with insurance carriers.
- LTD claims are filed with your insurance provider and must be supported with detailed medical evidence showing you’re unable to work.
Duration of Benefits:
- Workers’ comp continues until you’re able to return to work or reach maximum medical improvement. Some may receive permanent partial or total disability benefits.
- LTD benefits typically begin after a waiting period and continue as long as your policy allows, anywhere from a few years to retirement age.
Why a Workers’ Compensation Attorney Matters
Navigating workers’ comp claims in New York can be challenging. Claims are often denied or underpaid, and injured workers may not know all the benefits they’re entitled to. An experienced attorney can guide you through the process, gather the necessary documentation, and advocate for you.
How Losi & Gangi Can Help
At Losi & Gangi, we focus on workers’ compensation claims. We understand how overwhelming it can be to manage your health and finances after a workplace injury. Our team is here to help you file your claim correctly, meet deadlines, and maximize the benefits you receive.
If you’ve been hurt at work, don’t wait. Contact us today so we can help you focus on recovery, while we handle the rest.
