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New York State Disability Law

Published on August 4th, 2017

New York is one of a small number of states that requires employers to offer disability benefits to workers who have an injury or illness that is not related to the job. Employers can get coverage for these benefits through any disability benefits insurance carrier that is authorized by the New York State Workers’ Compensation Board. Employers who do not wish to do that can apply to become authorized by the Board to self-insure. Here is important information to know about the New York State Disability Benefit Law.

New York US State Law Legal System Concept

About Disability Benefits?

Disability benefits are weekly cash payments that are made to an eligible employee on a temporary basis to make up for lost wages that are due to an illness or injury that occurred off the job. These benefits may also be paid to unemployed workers to replace unemployment benefits that were lost do it illness or injury.

Medical Care Costs

Medical care costs are the responsibility of the employee. The employee cannot submit the bills to the employer or insurance company for payment. However the money that is received through the disability benefit can be used to pay those bills.

How are Benefits Paid?

Benefit payments will only be paid out for 26 weeks during a 52-consecutive-week period. Recipients who are employed must go through a seven-day waiting period during which no benefits will be paid, and then the benefits will kick in on the eighth day of disability.

Statement of Rights

The law also states that employers must provide a Statement of Rights to employees who have been disabled for at least seven days no more than five days after learning of the disability.

Collecting Contributions

The law allows employers to collect money from the people who work for them to offset the cost of this benefit. However, they are not required to do so. If they choose this route, an employee’s contribution is calculated at one-half of one percent of the employee’s wages, but may not exceed $.60 per week. If the employee works at multiple jobs and the combined income exceeds $120 per week, it is up to him or her to request that each employer adjust each contribution in proportion to the amount earned from each place of employment, so no more than $.60 per week combined is taken out.

If you have questions about the New York State Disability Benefit Law, contact the law office of Daniel Berger today.


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