Disability Benefits After an Accident in NYC
If you were injured in an accident in New York and are unable to work, you may qualify for disability benefits to help cover lost wages and medical expenses. Depending on your circumstances, you may be eligible for:
- Short-term disability benefits through New York’s disability insurance program
- Long-term disability benefits if you are unable to work for an extended period
- Social Security Disability (SSD) if your disability is expected to last at least 12 months
Filing a disability claim in NYC can be complex, and missing deadlines can result in denied benefits. If you need help after a serious injury in New York, our personal injury lawyers can guide you. Call 212-490-5700 for a free consultation with Hecht, Kleeger & Damashek, P.C.
What Are New York’s Disability Benefits Laws?
New York requires all employers to provide short-term disability insurance for employees who become temporarily unable to work due to non-work-related injuries. These benefits are regulated by the New York State Workers’ Compensation Board and funded through the New York State Insurance Fund (NYSIF).
How Long Do Disability Benefits Last?
- Short-term disability benefits last up to 26 weeks
- Long-term disability may be available through New York’s Office of Labor Relations
- Social Security Disability Insurance (SSDI) is available for disabilities lasting 12 months or more
If your injury prevents you from working for more than six months, you may need to apply for long-term disability or SSDI.
Who Qualifies for Short-Term Disability Benefits in New York?
Short-term disability benefits are available if you are unable to work due to a non-work-related injury, illness, or pregnancy.
- To qualify for New York short-term disability, you must:
Work for a “covered employer” (any employer with at least one employee)
Be a domestic worker working 40+ hours per week for one employer (e.g., nanny, housekeeper)
Elect voluntary coverage if you work for an exempt employer (e.g., religious organizations, government agencies)
Exemptions: New York disability benefits do not cover high school students working part-time or only during school vacations.
Injuries that Qualify for NY Disability Benefits
You may be eligible for disability benefits if your injury prevents you from working for an extended period. Common injuries that qualify include:
- Traumatic Brain Injury (TBI) – Cognitive impairment, memory loss, and motor function issues
- Severe Whiplash – Neck and spinal damage requiring long-term recovery
- Spine & Back Injuries – Herniated discs, spinal cord damage, or chronic pain
- Serious Burns – Skin graft surgeries and nerve damage recovery
- Hearing or Vision Loss – Caused by accidents, exposure to chemicals, or workplace hazards
- Broken Bones or Joint Injuries – That requires surgery or extended rehabilitation
- PTSD, Depression, or Anxiety – Resulting from a traumatic accident
If you sustained any of these injuries, and disability attorney can help ensure you receive the maximum compensation available.
How Does No-Fault Insurance Affect Disability Benefits?
If you were injured in a car accident in New York, your no-fault insurance may impact your disability benefits.
No-fault insurance covers lost wages after a car accident, but if you apply for disability benefits, the amount you receive may be reduced. This prevents double payment for the same lost income. If your car accident was caused by another driver’s negligence, you may also qualify for a personal injury claim in addition to disability benefits.
How to File a Disability Claim in New York
Step 1: Complete the Disability Claim Form
To apply for New York short-term disability, you must file Form DB-450 (Notice and Proof of Claim for Disability Benefits).
- Obtain Form DB-450 from your employer, doctor, or the NYS Workers’
- Compensation Board
- Fill out the Claimant’s Statement section with your personal and employment details
- Have your doctor complete the medical certification section
Step 2: Submit Your Disability Claim
Send your completed disability claim form to:
New York Workers’ Compensation Board, Disability Benefits Bureau
P.O. Box 9029, Endicott, NY 13761-9029
If your disability resulted from a car accident, you must also submit Form DB-450.1.
Step 3: Provide Medical Evidence
Include documentation from your healthcare provider confirming:
- The nature and severity of your injury
- An estimated recovery timeline
- Your inability to work due to the accident
Step 4: Meet the Filing Deadline
You must file your disability claim within 30 days of your injury. Missing this deadline may result in a denied claim.
How Much Does New York Short-Term Disability Pay?
Short-term disability benefits in New York:
- Pay 50% of your average weekly wage, up to $170 per week (subject to periodic adjustments)
- Last up to 26 weeks in any 52-week period
- If you need additional financial assistance, you may qualify for long-term disability or Social Security Disability benefits.
Do I Need a Lawyer to File for Disability Benefits in NYC?
Filing for disability benefits in New York can be complex, and mistakes in paperwork or missed deadlines may lead to a denied claim. A New York disability lawyer can guide you through the process, ensure you receive the maximum compensation, help appeal denied claims, and advise on additional options like workers’ compensation, personal injury claims, or SSDI.
Get Help from a New York Disability Lawyer
You may be able to obtain funds from New York’s disability system, or you may qualify for Social Security disability. You should consult a disability attorney who can review your case and help you understand your options.
Call Hecht, Kleeger & Damashek, P.C. at t 212-490-5700 or schedule a free consultation.