Most workers in New York are covered by workers’ compensation insurance. If they are injured on the job, they can receive workers’ comp benefits, including payment of medical bills and compensation for lost wages. Understanding how workers’ comp pays for lost wages in New York can help employees know what to expect.
What Benefits Do I Receive for Lost Wages if I’m Injured on the Job in New York?
Lost wage benefits are paid after you have been out of work because of a job-related injury for more than seven days. If you cannot work for 14 days or more, you will receive benefits for the first seven days you miss work. Some employers choose to continue to pay their workers after an injury. If so, you will not receive lost wage benefits from the workers’ compensation insurance company.
How Much Will I Receive for Lost Wage Benefits if I File a Workers’ Compensation Claim in New York?
The amount of compensation for lost wages depends on these factors:
- Your average weekly wages for the year preceding the injury
- Your degree of disability
If you are 100% disabled and your average weekly wages for the past year total $600, your weekly benefits for lost wages would be $400. However, New York sets minimum and maximum weekly benefits for lost wages. Beginning January 1, 2024, the minimum weekly benefit for workers’ compensation is $275 per week. Likewise, there are maximum benefits for lost wages in a workers’ compensation case. The maximum benefit is adjusted each year on July 1. The maximum benefit is determined by your date of injury. For example, if your date of injury is between July 1, 2024, and June 30, 2025, your maximum weekly benefit for lost wages is $1,171.46.
Who Determines the Degree of Disability for Lost Wages in a New York Workers’ Compensation Case?
Degrees of disability range from zero to 100 percent. You can return to work without restrictions if you have a zero rating. In that case, you would not be able to receive lost wages for a workplace injury. Disability may be total (100%), marked (75%), moderate (50%), or mild (25%). A doctor may choose any percentage between these rates. Your doctor may provide the disability rating for your workers’ compensation claim. The insurance company or your employer may request an independent medical examination (IME). The medical examiner assesses your condition to determine your disability rating. Suppose your doctor and the medical examiner disagree on the extent of your disability. In that case, your workers’ compensation lawyer may negotiate a settlement for the dispute if the opinions are close to each other. If not, your attorney can request a hearing. The judge will hear the evidence to determine which opinion should be used.
What Happens if I Sustain a Permanent Impairment or Disability After a Workplace Accident in New York City?
Your doctor determines when you reach MMI (maximum medical improvement). MMI is the point in your recovery when the doctor believes you will not improve further with additional medical treatment. You may recover fully, or you may reach MMI with a permanent impairment or disability. If you cannot perform any work because of your injuries, you are totally disabled. New York does not limit the number of weeks you can receive total disability benefits. The amount of your disability benefits equals two-thirds of your average weekly wages. A partial disability occurs when your condition does not prevent you from performing all types of work. The amount you receive depends on whether you sustained a scheduled or non-scheduled loss, the extent of the impairment, and the state maximum/minimum amounts. A scheduled loss of use means you have a permanent total loss of use of your eyesight, a lower extremity, vision, or an upper extremity. The number of weeks you receive benefits is based on the body part and the severity of the impairment. A non-scheduled loss of use means you sustained an impairment to your lungs, brain, pelvis, heart, or spine. You could receive benefits for the entire time of your impairment if the injury occurred before March 13, 2007. Injuries occurring after that date are subject to a maximum number of weeks. State guidelines, vocational factors, and medical evaluations are used to determine your loss of wage earning capacity (LWEC), which determines the number of weeks you are paid for a partial permanent impairment.
Our Workers’ Compensation Lawyers Can Help You
If you were injured at work, get help from an experienced workers’ compensation lawyer. You can learn about your legal rights and options for free during an initial consultation. An attorney can help ensure you receive all the benefits available to you under state law.
Contact the Bronx Workers’ Compensation Lawyers at O’Connor Law PLLC Today
If you were injured in a workplace accident in Bronx, NY, and need legal help, contact our Bronx Workers’ Compensation attorneys at O’Connor Law PLLC to schedule a free case consultation today.
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