Hurt on the job in New York State? If your injuries keep you out of work for more than seven days, you may be entitled to workers' compensation indemnity benefits equal to two-thirds of your average weekly wage (AWW).
Your AWW doesn't just affect the amount of your indemnity payments, it's the basis for all monetary calculations made in your workers' comp claim. As a result, understanding how AWW is calculated—and why you need a skillful workers' compensation attorney to argue for the highest possible number—is absolutely essential.
In the Empire State, AWW is calculated by dividing your total earnings for the past 52 weeks by the number of days worked to find your average daily wage. This amount is then subjected to a multiplier, which is also determined by the number of days you've worked. For example, 260 is the most common multiplier used for employees who work five days a week, while a 200 multiplier is used to determine the AWW for seasonal workers. The result is then divided by 52 to find your average weekly wage.
Additionally, what you receive in weekly indemnity payments is subject to minimum and maximum rates based on the date of your injury.
A mistake made when calculating your AWW can cost you. Don't miss out on much-needed benefits due to a preventable error. At O'Connor Law PLLC, our experienced New York workers' compensation attorneys can ensure your AWW is calculated correctly. We can present strong legal arguments for why your AWW should be increased.
Did an injury sustained at one job cause you to miss work at a second or third job? We may also be able to help you recover lost wages from jobs worked concurrently.
Want to find out how we can help you obtain the workers' compensation benefits you deserve? We're pleased to offer you a free initial consultation. Contact us today to schedule an appointment to discuss your case with a member of our seasoned legal team.