Long Island Worker Compensation Partial Disability Benefits

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workers' compensation lawyers to get benefits for your partial disabilities

A significant number of workers experience injuries while on the job, and unfortunately, not all of them make a full recovery. Many workers suffer from permanent impairments resulting from workplace injuries. In such cases, workers in Long Island can rely on the workers’ compensation system, which provides partial disability benefits.

How Are Partial Disability Benefits Paid?

When workers sustain a qualifying work injury, they initially receive temporary partial disability or temporary total disability benefits. Temporary partial disability benefits are for workers who return to lower-paying positions after an injury, while temporary total disability benefits are for workers unable to work for at least seven days.


Over time, workers may become eligible for permanent partial disability benefits. To apply for these benefits, workers must obtain a rating from a physician. The severity of the impairments determines the ratings. The rating plays a crucial role as it largely determines the amount of permanent partial disability benefits you will receive.


To calculate these benefits, multiply the physician’s rating by the number of weeks corresponding to the injured body part, and then multiply the result by the workers’ temporary total disability rate.


For instance, let’s consider an injured hand (worth 160 weeks), a 20 percent rating given by the physician, and a temporary total disability benefit of $500 per week. In this case, the permanent partial disability benefits would amount to $16,000 (160 x 20 percent x $500).


The New York Workers’ Compensation Law provides a schedule specifying the number of weeks of compensation for specific body part injuries.


For a complimentary consultation with a partial disability benefits lawyer in Long Island, please call (212) 463-8888.


How long can I receive temporary partial disability benefits?


If you qualify for temporary partial disability benefits, you are eligible to receive benefits for a maximum of 350 weeks from the date of your injury.

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Long Island Worker Compensation Practice Areas

Baggage Handler Accidents: Ensuring Safety in Luggage Operations

Baggage handlers at JFK Airport face their fair share of workplace injuries due to the high volume of flights and luggage they handle daily. Handling an immense number of parcels, bags, and luggage items presents various risks and dangers. Common injuries suffered by baggage handlers include impact or crush injuries from falling luggage, head injuries caused by luggage falls, amputations or crush-between injuries due to luggage transport belts and conveyors, accidents involving baggage carts flipping or colliding with obstacles, and injuries related to lifting or tossing luggage, resulting in back and shoulder injuries. Other potential injuries include torn ligaments, pulled muscles, herniated discs, repetitive stress injuries, and stress and strain injuries to the musculoskeletal system caused by handling oddly shaped or unexpectedly broken bags. 

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.


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Calculating Temporary Partial Disability Benefits

Temporary partial disability benefits are calculated based on your average weekly wages before and after the injury. These benefits amount to two-thirds of the difference between your pre-injury wages and post-injury wages.


For example, if you were earning $750 per week before the injury and are now earning $500 per week during your recovery, you would be entitled to two-thirds of the difference, which amounts to approximately $166.67 per week. The maximum weekly benefit for temporary partial disability is $350 per week, effective as of July 1, 2013.

Are there any additional benefits available?

While temporary partial disability benefits are available to workers who can return to work at a lower wage, temporary total disability benefits may be available if you are unable to work at all for at least seven days.


After exhausting the 350-week period for temporary partial disability benefits, workers who have sustained catastrophic injuries preventing them from returning to their previous work may be eligible for permanent partial disability benefits.

Taking Action To Apply For Benefits

Applying for permanent partial disability benefits on your own can be challenging and confusing. Obtaining a fair rating from a physician may also pose a challenge for some workers. If you have sustained a permanent disability due to a work-related injury, the attorneys at Gabriel Legal Injury Lawyers in Long Island can assist you in applying for benefits. 

Frequently Asked Questions

Call for a Free Consultation Today

At Gabriel Legal Injury Lawyers, we understand the importance of immediate action and prioritizing your needs. Our team of experienced lawyers is committed to tirelessly advocating for your rights and will not give up until your case is settled. When you choose our firm, you can rest assured knowing that we have your best interests at heart.

After experiencing a workplace accident, it’s essential to have the guidance and support of skilled Long Island lawyers. We are here to help you navigate the legal process and ensure you receive the compensation you are entitled to. Your focus should be on your recovery while we handle the legal complexities on your behalf. Don’t hesitate to reach out to us today; the sooner we begin working on your case, the better.

Trust Gabriel Legal Injury Lawyers to fight for your rights and provide the assistance you need during this challenging time. Let us take care of securing your rightful compensation, allowing you to move forward with confidence and peace of mind. Contact us now to schedule a consultation.

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Determining Liability in an Long Island Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in Long Island after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Long Island

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Long Island Worker Compensation Partial Disability Benefits

4.8 Stars


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