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New York Disability Benefits Law

New York Disability Benefits Law

People who think that the government is just there to collect taxes will hopefully change their mind after reading on the New York Disability Benefits law. Let's understand how helpful the Disability Benefits Law is for New Yorkers...
Workspirited Staff
People working in New York should consider themselves very lucky. Why? Because New York is one of the few states that makes the employer provide disability benefits coverage to employees who suffer from an injury or illness off job hours. So how can employees benefit from a Disability Benefit law? Let's first understand what is the meaning of that law and then we will discuss its benefits. The New York Disability Benefits Law is basically a state disability insurance program designed to provide all professional employees with some kind of cash benefit in case of an injury or an illness caused during off job hours.

Employees can get this cash benefit through a disability benefits insurance carrier which is authorized by the New York State Workers Compensation Board. These benefits are paid weekly to an eligible employee when he/she is not working due to an injury. These weekly payments are a replacement of the monthly pay check which the injured employee could have earned if he/she was working.

State Disability Insurance

For an employee to qualify for this Benefits Law, it's necessary that the company must employ at least 1 person besides the owner within the state of New York. An employer who has one or more employees working for 30 days in any calendar year would be declared a 'covered employer' according to the Disability Benefits Law. These 30 days need not be consecutive working days but it's necessary that these days should be working days in a calendar year. The covered employer with regards to the law has to provide the disability benefits to all full-time and part-time working employees. In addition to that, employees working in a private home (house or a small private firm) are covered under the Disability Benefits Law if they work for 40 hours or more in a single week. Employees working full-time would be eligible for coverage after 30 working days and employees who work part-time would be eligible after their 25th day of employment. Always remember that medical care expenses is the sole responsibility of the claimant, it's not paid by the employer or the insurance carrier. A covered employer is also authorized to deduct ½ of 1% of the salaries paid, but this ½ of 1% should not exceed 60 cents per week. The employer or the company can also take up an insurance policy in the name of the employee, so that all Disability Benefits wages are securely deposited and the employee has no worries as he/she is secured. The employer can take the policy from any insurance company, but it's necessary that the company be authorized to write Disability Benefits insurance in that particular state.

According to the Disability Benefits Law, employees get a maximum benefit of 50% on their weekly wages which goes up to a maximum of $170 per week. If the employee is juggling between two jobs with combined wages coming to more than $120 per week, the employee has the right to ask both the employers to adjust the benefits in proportion to the earnings of each job. The time period for these benefits to take effect is seven days and employees can enjoy these benefits for a maximum duration of 26 weeks.

New York Disability Benefits Law and Pregnancy

Expecting mothers who are currently employed and are residing in New York can also be eligible for the New York Disability Benefits Law. This doesn't mean that all employed pregnant women are eligible for the disability benefits. Pregnant women who are declared fit to work by doctors do not qualify for these benefits. However, they can apply for these benefits once they give birth. Postpartum disability benefits in New York State are given out for 6 to 8 weeks. If an employed pregnant woman cannot work due to her pregnancy related complications, she has to submit the required documentation which also includes medical papers from a qualified physician listing down the complications. According to the New York State Workers Compensation Board, "If the mother cannot work for more than 4 to 6 weeks before the actual birth date or cannot come to work for more than six weeks after giving birth then some more detailed information regarding the illness will be required."

The New York Disability Benefits ensures a steady income of cash even when the employee is on a temporary leave. Almost all companies in the US do provide Disability Benefits to their employees. For more questions regarding these benefits, it's advised to have a chat with your HR (Human Resources) Personnel.