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Worker's Compensation Coverage

New York Disability Liability

Employers may satisfy their obligation to make this coverage available to their employees in one of two (2) ways:

1- They may use an insurance company to provide the DBL coverage to their employees.

2- They may establish a "Private," self-insured DBL plan.

Disability  benefits are temporary cash benefits paid to an eligible wage earner,  when he/she is disabled by an OFF THE JOB injury or illness. The  Disability Benefits Law provides weekly cash benefits to replace, in  part, wages lost due to injuries or illnesses that do not arise out of  or in the course of employment. Disability benefits are also paid to an  unemployed worker to replace unemployment insurance benefits lost  because of illness or injury.

An employer is  allowed, but not required, to collect contributions from its employees  to offset the cost of providing benefits. An employee's contribution is  computed at the rate of one-half of one percent of his/her wages, but no  more than sixty cents a week.

If an employee has  more than one job at the time, with combined wages of more than $120.00  per week, the employee may request each employer to adjust the  contributions in proportion to the earnings of each employment. The  combined contributions may not exceed 60 cents per week. The request  should be made as soon as the employee enters a second job. 

Disability benefits include cash payments only. Medical care is the  responsibility of the claimant. It is not paid for by the employer or  insurance carrier. 

Benefit Options

Cash  benefits are 50 percent of a claimant's average weekly wage, but no  more than the maximum benefit allowed. The average weekly wage is based  on the last eight weeks of employment. If counting the last week in  which the disability began lowers the benefit rate, it is not included  in determining average weekly wage. Effective May 1, 1989, the maximum  benefit allowance for any disability is $170 a week. Benefits paid by  the employer or insurance carrier are subject to Social Security and  withholding taxes.

Benefits are paid for a maximum  of 26 weeks of disability during 52 consecutive weeks. For employed  workers, there is a 7-day waiting period for which no benefits are paid.  Benefit rights begin on the eighth consecutive day of disability. For  unemployed workers who are receiving Unemployment Insurance benefits and  who become disabled more than four weeks (but within 26 weeks) after  termination of employment, benefits are payable from the first day of  the disability that disqualifies them from receiving Unemployment  Insurance benefits. An employer must supply a worker who has been  disabled more than seven days with a Statement of Rights under the  Disability Benefits Law (for DB-271), within five days of leaving that  the worker is disabled.

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