How to File for Disability After an Accident in New York
An accident can keep you out of work for weeks, months, or even longer. While you’re recovering, losing your regular income can make an already difficult situation even more stressful. Depending on how the accident happened and how long you’re unable to work, you may qualify for New York disability benefits that replace part of your lost income.
If someone else caused your accident, disability benefits may not be your only option for recovering compensation. A New York personal injury lawyer at Cellino Law can review your situation and explain what additional options are out there. Schedule a free case evaluation online or call us at 888-888-8888 to speak with a member of our team.
Key Takeaways
- New York disability benefits can replace part of your income if an off-the-job injury or illness temporarily prevents you from working.
- To file a claim, you’ll generally need to complete Form DB-450 and have your health care provider provide information about your condition.
- Disability claims should usually be filed within 30 days after your disability begins.
- New York disability benefits generally pay 50% of your average weekly wages, up to $170 per week.
- If someone else caused your accident, receiving disability benefits doesn’t necessarily prevent you from also pursuing a personal injury claim.
Who Can File for New York Disability Benefits?
New York disability benefits are designed for eligible employees who are temporarily unable to earn their regular income due to an injury or illness that isn’t job-related. For example, you may qualify if you’re recovering from:
- A car accident
- A slip and fall
- An accident at home
- Another injury unrelated to your job
If your injury happened while you were working or was directly related to your job, you’ll usually need to apply for workers’ compensation instead. Workers’ compensation is a separate program for job-related injuries and can provide benefits for lost wages and medical treatment.
How Much Does New York Disability Pay?
New York disability benefits are generally equal to 50% of your average weekly pay. This is based on what you earned during the eight weeks you worked before your disability began. Benefits are capped at $170 per week.
Additionally, there’s often a seven-day waiting period before benefits start, and you can receive benefits for up to 26 weeks within a 52-week period.
It’s important to know that these benefits are meant to replace a portion of your lost wages. They don’t pay your medical bills or provide compensation for pain and suffering.
How Do You File a Disability Claim in New York?
If an injury outside of your job prevents you from working, you’ll generally need to file Form DB-450, Notice and Proof of Claim for Disability Benefits. Once you have the form, the filing process can usually be broken down into a few simple steps.
1. Get Form DB-450
You can get Form DB-450 through your employer, your employer’s disability insurance company, or the New York State Workers’ Compensation Board.
2. Complete Your Part of the Form
You’ll need to provide basic information about yourself, your job, and your disability. This can include:
- Your contact information
- Your employer’s information
- The date you became unable to work
- How and when your injury happened
- Information about other benefits you’re receiving
Take your time completing this section and make sure the information is accurate. Missing or incomplete details can slow down the review of your claim, so providing clear answers from the start can help the process move more smoothly.
3. Have Your Health Care Provider and Employer Complete Their Sections
Your health care provider must complete the medical section of Form DB-450. They’ll provide information about your injury and how it limits your ability to work.
The form may also require information from your employer. Before submitting your claim, review each section carefully to make sure all required information has been completed.
4. Submit Your Claim
If you became disabled while you were still employed, or within four weeks after your employment ended, you’ll generally submit the completed form to your employer or your employer’s disability insurance carrier.
If your disability begins more than four weeks after your last day of work, different filing instructions may apply. Depending on your situation, you may need to submit Form DB-450 directly to the New York State Workers’ Compensation Board.
How Long Do You Have to File?
You should submit your disability claim within 30 days of the date your disability begins. It’s a good idea to start the process as soon as you know your injury will keep you from working, rather than waiting until the deadline gets closer.
Filing early gives you time to complete your section of Form DB-450, have your health care provider complete the medical portion, and make sure all required information is included before you submit the claim. Taking care of these steps early can also help reduce the chance of unnecessary delays.
If more than 30 days have already passed, don’t assume that you’ve lost your opportunity to file. You may still be able to submit a claim, but a late filing can impact your benefits. You may also need to explain why the claim wasn’t submitted within the 30-day period.
What Should You Have Ready Before Filing?
Gathering the information you’ll need before you start filing can make the process easier and help you avoid having to stop and search for details while completing the form. Having accurate information ready can also reduce the chance of missing something important. You may want to have:
- Your employer’s name and contact information
- The date you last worked
- The date your disability began
- Details about how and when the accident happened
- Your health care provider’s contact information
- Information about other benefits you’re receiving
It can also be helpful to review any paperwork you already have related to your injury, such as discharge instructions, work notes, or insurance information. You don’t need to gather all medical records before you begin, since your health care provider will complete the medical portion of Form DB-450.
Can You File a Personal Injury Claim While Receiving Disability?
Receiving disability benefits doesn’t necessarily prevent you from filing a personal injury claim against the person or company that caused your accident.
Disability benefits are meant to replace part of the income you lose while you’re unable to work. A personal injury claim serves a different purpose and may allow you to seek compensation for other losses that occurred. Depending on your situation, a personal injury claim may include compensation for:
- Medical expenses
- Lost income
- Reduced future earnings
- Pain and suffering
- Other accident-related costs
Because these benefits can serve different purposes, you may be able to receive disability benefits while also pursuing a personal injury claim. The compensation available will depend on how the accident happened, the extent of your injuries, and the insurance coverage involved.
Get Help After an Accident in New York
If an accident keeps you from earning your regular income, disability benefits may provide some financial support while you recover. Understanding which program applies to your situation and submitting the right information can make it easier to navigate the process.
If your injuries were caused by someone else’s negligence, it may be worth looking at whether you have a personal injury claim in addition to disability benefits. Cellino Law can help you understand your options. Schedule a free case evaluation online or call us at 888-888-8888 to speak with a member of our team.
