Disability (Off-Duty Injury / Illness)

Disability (Off-Duty Injury/Illness)


WHAT ARE DISABILITY BENEFITS?


  • New York is one of a handful of states that require employers to provide disability benefits coverage to employees for an off-the-job injury or illness. Coverage for disability benefits can be obtained through a disability benefits insurance carrier who is authorized by the New York State Workers' Compensation Board to write such policies. The City's provider is Dearborn National.
  • 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  Fore more detailed information, click the link A Guide to Disability Benefits by the NYS Workers' Compensation Board.
  • Disability benefits include cash payments only.  Cash benefits are 50 percent of a claimant's average weekly wage, but no more than the maximum benefit allowed, currently $170 per week.  Benefits paid to the employee directly by the  insurance carrier are subject to Social Security and withholding taxes.  
  • Medical care is the responsibility of the claimant. It is not paid for by the employer or insurance carrier.
  • 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.
  • An employer must supply a worker who has been disabled more than seven days with a Statement of Rights under the Disability Benefits Law (form DB-271S) ), within five days of learning that the worker is disabled.


HOW DO I FILE A DISABILITY CLAIM?


  • If you are currently employed, or if you have been unemployed for less than four weeks from the date the disability began, file the claim with the City Human Resources using form DB-450.  You complete PART A.  Have your physician complete PART B.  The HR Director will complete PART C.  Keep a copy of this form to submit again if your claim is not paid promptly.
  • If you have been unemployed more than four weeks from the date the disability began, file the claim with the Disability Benefits Bureau, using the form DB-300 . Mail it to: Disability Benefits Bureau, Workers' Compensation Board, 100 Broadway-Menands, Albany, NY 12241.

IS THERE A CLAIM DEADLINE?


  • You must file your claim within 30 days after you become disabled. If you file late, you will not be paid for any disability period more than two weeks before the claim is filed. Late filings may be excused if it is shown that it was not reasonably possible to file earlier. No benefits will be paid if you file more than 26 weeks after your disability begins.
  • You must be under the care of a physician, chiropractor, podiatrist, psychologist, dentist, or certified nurse midwife in order to qualify for benefits. Your health care provider must complete and sign the "Health Care Provider's Statement" as proof of your disability.
  • Before filing your claim, be sure that you have completed and signed the "Claimant's Statement - PART A" and your health care provider or practitioner has completed and signed his/her portion - PART B. Please submit this information promptly to City Human Resources. 

FAQs on NYS DISABILITY

  • Disability Benefits FAQ.