New York State Disability Benefits
When you apply for No-Fault insurance benefits after an auto accident, the No-Fault insurance carrier will provide you with a New York State disability benefits application. If you can’t work for at least seven days after the accident that caused your disability, you may need to apply for disability benefits.
If you are eligible but don’t apply for disability benefits, your No-Fault insurance carrier can offset—or deduct—the amount of compensation you may have received from a disability from your No-Fault wage loss benefits. If you are denied disability benefits, you must present proof of denial to your carrier to help make sure you get the maximum benefits you’re owed.
How does employment status affect applying for benefits?
If you were employed at the time of your disability—or unemployed for less than four weeks prior to becoming disabled—you will file for eligible benefits through your employer or its disability insurance carrier. Not every employer provides disability coverage, so you may want to contact your employer or local disability office to determine if you’re eligible.
If you were unemployed for more than four weeks prior to becoming disabled, you must file the claim through the New York State Insurance Fund.
What benefits are provided?
New York State disability benefits provide 50 percent of a claimant’s average weekly wage up to a maximum of $170 per week, whichever is less. The average weekly wage is based upon the claimant’s last eight weeks of employment. Benefits are paid for a maximum of 26 weeks during a period of 52 consecutive weeks.
Important Filing Deadlines
Certain deadlines apply when filing for disability benefits. If you’re eligible for benefits, you should understand that:
- Filing your claim within 30 days after becoming disabled may help you get the maximum possible benefits.
- Filing for benefits after the initial 30-day period is allowed, but you may not be paid for any disability period more than two weeks before the claim is filed.
- No disability benefits will be paid if you file a claim more than 26 weeks after becoming disabled.
The sooner you apply for disability benefits after an auto accident, the better your chances may be for getting compensation—don’t delay.
Get the Help You Need
If you’ve been injured in a motor vehicle accident, the auto accident lawyers at William Mattar Law Offices want to help protect your legal rights. Contact us 24 hours a day, seven days a week—call (844) 444-4444 or complete our free initial consultation form, today.