Your workers’ compensation case does not end when the injury happens. It changes as you change. What you are owed in the first weeks after an accident is different from what you are owed a year later, and both are different from the permanent benefits that may follow for the rest of your life.
Lewis & Lewis P.C,. helps injured workers in Buffalo and Western New York understand and pursue the right benefits at every stage of a workers’ compensation claim. With more than 80 years of experience and over $1 billion recovered for our clients since 1944, the team at Lewis & Lewis, P.C. handles the legal complexities of your claim so you can focus on recovering.
Free consultations. No fee unless we recover.
Call (716) 854-2100.
What Is the Difference Between Temporary and Permanent Disability in New York?
Temporary disability benefits are weekly payments made while you are still recovering and unable to work at full capacity. Permanent disability benefits are awarded after a doctor determines you have reached a plateau in recovery and will have a lasting physical limitation.
Your case typically moves through both stages. Understanding where you are in that process, and what the transition requires, affects how much you ultimately receive.
What Is Temporary Total Disability (TTD)?
Temporary Total Disability, known as TTD, applies when your treating physician has restricted you from all work because of your injury. You receive two-thirds of your average weekly wage up to the annual maximum set by the New York State Workers’ Compensation Board. Benefits continue as long as you have medical evidence of total disability and have not yet reached Maximum Medical Improvement.
What Is Temporary Partial Disability (TPD)?
Temporary Partial Disability, known as TPD, applies when you can work in a limited capacity but earn less than before the injury. Your benefit covers two-thirds of the difference between your pre-injury wage and your current earnings. Tracking this accurately matters, because insurance carriers often miscalculate reduced earnings payments when a worker returns to light-duty work.
How Are Temporary Disability Benefits Calculated in New York?
Temporary disability payments equal two-thirds of your Average Weekly Wage, known as AWW, multiplied by your percentage of disability.
Two numbers are routinely contested by insurance carriers.
The AWW. It must include overtime, bonuses, tips, and all regular compensation from the year before your injury, not just base pay. Carriers frequently use a lower figure that excludes those components.
The disability percentage. The carrier’s doctor may rate you at 50% disabled while your own physician documents 100%. That single dispute cuts your weekly check in half. An attorney presents your medical evidence before a Workers’ Compensation Law Judge to contest a rating that does not reflect your actual condition.
Call (716) 854-2100 to review your benefit calculation.
What Happens When You Reach Maximum Medical Improvement?
Maximum Medical Improvement, known as MMI, is the point at which your treating physician determines that your condition has stabilized and further treatment is unlikely to produce significant improvement. When you reach MMI, your temporary disability benefits end and your case moves toward a permanent disability determination.
MMI is one of the most consequential moments in a workers’ compensation case. Insurance carriers push for early MMI findings to stop weekly payments. An attorney monitors the medical record for premature MMI determinations and challenges them when the evidence does not support the conclusion.
Once MMI is formally established, a Workers’ Compensation Law Judge reviews the medical evidence and determines what permanent benefits apply to your situation.
What Is the Difference Between a Schedule Loss of Use and a Permanent Partial Disability?
A Schedule Loss of Use, known as an SLU, is a one-time payment for permanent impairment to a specific body part listed on the New York State Workers’ Compensation Board’s Schedule. Covered parts include arms, hands, fingers, legs, feet, toes, and hearing and vision.
The schedule assigns a set number of weeks of benefits for complete loss of each part. A physician measures your percentage of loss and that percentage determines your payout. You can receive an SLU award even if you have returned to work.
Permanent Partial Disability, known as PPD, applies when your injury involves a non-schedule body part such as the back, neck, or brain. PPD provides ongoing weekly benefits for a period determined by the percentage of loss of earning capacity the injury has caused, subject to caps that vary by degree of disability.
How Is a Permanent Disability Award Calculated in Buffalo?
For SLU claims, the New York State Workers’ Compensation Board’s Schedule assigns weeks of benefits to each body part. A complete loss of an arm is worth 312 weeks. A complete loss of a leg is worth 288 weeks. Partial losses are calculated as a percentage of that total. A 50% loss of use of a leg produces an award of 144 weeks of compensation at your applicable rate.
The insurance carrier’s physician will examine you and typically report a lower percentage of loss than your treating physician. The gap between those two figures is where the legal work happens. An attorney argues for the higher percentage supported by your medical evidence before a Workers’ Compensation Law Judge.
For PPD claims involving the spine or brain, the judge evaluates your loss of earning capacity as a percentage, which determines both the weekly benefit amount and the duration of payments.
How Do You Contest a Low Permanency Rating?
A permanency rating from the insurance carrier’s doctor is not the final word. At a hearing before a Workers’ Compensation Law Judge, both sides present medical evidence and the judge makes a binding determination. An attorney presents your treating physician’s findings, challenges the methodology used by the carrier’s doctor, and argues for a percentage that reflects the actual impact of your injury.
Lewis & Lewis has handled permanency disputes in Buffalo for more than 80 years and has experience contesting low ratings before the Workers’ Compensation Board and in subsequent appeals.
Call (716) 854-2100 if you believe your permanency rating is too low.
What Is a Section 32 Settlement in New York Workers’ Compensation?
A Section 32 settlement is a full and final agreement that closes a workers’ compensation case permanently in exchange for a lump-sum payment. Once a Section 32 is approved by the New York State Workers’ Compensation Board, the insurance carrier is no longer responsible for any future medical treatment or wage benefits for that injury.
Section 32 agreements can be the right choice when a lump sum provides greater financial security than continuing weekly payments, or when a worker wants certainty and closure. They are the wrong choice when future medical costs are uncertain, when a condition may worsen significantly, or when a worker does not fully understand what they are giving up. An attorney analyzes your specific situation before any Section 32 agreement is signed.
Ask Lewis & Lewis
Q: Can I work while receiving temporary partial disability benefits in New York?
A: Yes. If you return to a light-duty position that pays less than your pre-injury job because of your injury, you qualify for reduced earnings benefits. These pay two-thirds of the difference between what you earned before the injury and what you are earning now. Lewis & Lewis helps you track pay stubs and verify that the carrier is calculating these adjustments correctly.
Q: What is the maximum weekly benefit amount in New York workers' compensation?
A: New York sets an annual maximum weekly benefit for workers’ compensation claims. For injuries occurring in 2024, the maximum is $1,125.46 per week. The cap adjusts each year based on the state average weekly wage. If two-thirds of your average weekly wage exceeds the current cap, your benefit is limited to the cap. An attorney confirms which cap year applies to your injury date and whether the carrier is using the correct figure.
Q: Is a workers' comp permanent disability settlement taxable in New York?
A: No. Workers’ compensation benefits in New York, whether temporary weekly payments, SLU awards, or Section 32 lump-sum settlements, are not subject to federal or state income tax. This makes the net value of a workers’ comp settlement higher than a comparable personal injury recovery, which may be partially taxable depending on the components. Call (716) 854-2100 if you have questions about how a settlement affects your overall financial picture.
Q: Can I receive both an SLU award and wage replacement benefits at the same time?
A: These benefits serve different purposes and their interaction depends on the stage of your case. An SLU award compensates for permanent impairment to a listed body part and can be paid even if you have returned to full-time work. Wage replacement benefits address lost income and are tied to your ability to work. An attorney explains how both apply to your specific injury and work status so neither benefit is left unclaimed.
What Makes Lewis & Lewis Different for Disability Benefits Cases in Buffalo?
Lewis & Lewis reviews AWW calculations for errors, monitors the medical record for premature MMI findings that cut off temporary benefits, challenges low permanency ratings from the carrier’s doctors, and advises carefully on Section 32 decisions before they are made. These four pressure points are where most injured workers lose money, and they are where we focus.
The firm has represented injured workers before the New York State Workers’ Compensation Board since the 1940s. The Board’s 8th Judicial District, which covers Erie, Niagara, Genesee, Orleans, and other Western New York counties, is where our attorneys practice. We know its judges, its hearings, and how permanency determinations are evaluated in this region.
Attorney Emily Janicz handles workers’ compensation cases in Western New York and is available to answer questions directly about MMI determinations, SLU calculations, and what your specific permanency classification means for your long-term financial situation.
No fees unless we recover. Free consultations.
Workers’ compensation practice area | Workers’ comp FAQ | Contact us
Frequently Asked Questions About Disability Benefits in Buffalo
How much does it cost to hire Lewis & Lewis for a disability benefits case?
Nothing upfront. Lewis & Lewis handles workers’ compensation cases on a contingency fee basis. New York regulates workers’ compensation attorney fees, which are subject to approval by the Workers’ Compensation Board. You pay nothing if we do not recover benefits for you. The consultation is free.
Can I reopen my workers' comp case if my permanent disability gets worse after a settlement?
It depends on how the case was closed. If it was resolved through a standard permanency determination without a Section 32 agreement, you can petition the Board to reopen it if your condition worsens. If the case was closed through a Section 32 full and final settlement, reopening is generally not available. This distinction is exactly why Section 32 decisions require careful legal analysis before signing.
Does my employer have to hold my job while I am on temporary disability in New York?
Workers’ compensation law itself does not require an employer to hold your position open. However, other laws may apply. The Family and Medical Leave Act, known as FMLA, provides up to 12 weeks of job protection for eligible employees. Union contracts may provide additional protections. Lewis & Lewis helps you understand both your workers’ compensation rights and your employment rights during the disability period.
How long can I receive temporary disability benefits in New York?
Temporary benefits continue as long as you have current medical evidence of disability and have not yet reached Maximum Medical Improvement. There is no fixed time limit on temporary benefits. New York law does impose caps on how long permanent partial disability benefits continue after MMI, which vary based on the degree of disability determined by the judge. An attorney maps out the timeline specific to your injury and classification.
Talk to a Buffalo Disability Benefits Lawyer at Lewis & Lewis
The transition from temporary to permanent disability in New York workers’ compensation involves medical opinions, legal hearings, financial calculations, and decisions that have permanent consequences. Getting each stage right matters.
Lewis & Lewis P.C,. has offices in Depew, Buffalo, Niagara Falls, Olean, Batavia, and Jamestown. We represent injured workers across Western New York at every stage of the disability benefits process. The consultation is free. You pay nothing unless we recover.
Call (716) 854-2100 or contact us online.
Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location
Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987
Get Help Today
Fill out the form below, and one of our personal injury attorneys will contact you within 24 hours.
"*" indicates required fields
Satisfied Client Stories
”I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid.
Fred T.Kenmore, NY - Steam Fitter
SEE TESTIMONIALS
