What types of damages can I recover from a workers' compensation claim?

In New York, a worker is entitled to compensation for medical expenses, lost wages, and death benefits if they suffer an industrial accident. Medical expenses cover all reasonable and necessary medical expenses related to the injury, including medical examinations and treatments. Lost wages are also covered, and these payments are usually two-thirds of the employee’s average weekly wage before the accident occurred. Finally, death benefits are available to the surviving family members of an employee who dies from a workplace accident. If the employee’s injury significantly decreases their ability to work, they may be eligible for disability payments. These payments vary depending on the degree of disability and the expected duration of the disability. If the disability is total, the employee may be eligible for a lifetime benefit of up to two-thirds of their pre-injury average weekly wage. In addition to the medical, wage, and death benefits provided under workers’ compensation, employees may also recover damages for pain and suffering from a third-party lawsuit. This means that, if the accident was caused by someone other than the employer, the injured worker is entitled to receive additional compensation from that third party. This compensation is usually awarded in the form of monetary damages. Overall, New York workers’ compensation law provides many benefits to employees who suffer an industrial accident, including medical expenses, lost wages, death benefits, disability payments, and the potential for additional compensation from a third-party lawsuit.

What types of damages can I recover from a workers' compensation claim?

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