When you’re injured on the job, one of the first questions that comes to mind is, "How much will I get paid for my workers' comp case?" As a seasoned New York Workers Compensation Lawyer, this is the most common question I encounter. The compensation you receive will depend on various factors, including your wages, the type and severity of your injury, and more. Let's break down these components to give you a clearer picture.
In New York, there are two main categories of cash benefits under workers' compensation claims: Temporary Lost Wage Benefits and Permanent Disability Benefits. Understanding how each of these is calculated is crucial for knowing what your case might be worth.
Temporary Lost Wage Benefits are designed to replace part of your income lost due to a work-related injury or illness. To calculate these benefits, you need to determine your Average Weekly Wage (AWW). This is calculated based on your gross wages over the last 52 weeks, including any overtime.
For example, if you earn $25/hour and work an average of 36 hours per week over the last year, your AWW would be $900.
Next, you need to understand your Degree of Disability, which is a medical determination reflecting the extent of your injury and your reduced capacity to earn wages. A 100% disability means you are totally unable to work, while anything less is considered a partial disability, with percentages ranging from 25% to 99%.
To calculate your weekly benefit, use this formula:
Weekly Benefit=23×Average Weekly Wage×Percentage of Disability\text{Weekly Benefit} = \frac{2}{3} \times \text{Average Weekly Wage} \times \text{Percentage of Disability}Weekly Benefit=32×Average Weekly Wage×Percentage of Disability
So, if your AWW is $900 and you are 100% disabled, your weekly benefit would be:
23×900×100%=600\frac{2}{3} \times 900 \times 100\% = 60032×900×100%=600
There is a cap on the maximum weekly benefit, which is adjusted yearly. As of now, the cap is $1,125.46. You can find the updated schedule of maximum weekly benefits in the resource links below.
If your injury results in permanent disability, you may receive ongoing benefits or a payout. For a Permanent Total Disability, you will receive two-thirds of your AWW for as long as the disability lasts.
For a Permanent Partial Disability, there are two types of benefits:
Many people believe that staying away from work for a long period will increase their compensation, but this is not true. The extent of your injury is determined by a doctor, not by the length of your absence from work. Moreover, temporary benefits are deducted from any permanent disability award, so extended time off can actually reduce your final payout.
For instance, if your injury is valued at $50,000 and you take 10 weeks off, receiving $1,000 per week, $10,000 would be deducted from your payout, leaving you with $40,000. However, if you only take one week off, you get $1,000 for that week and a $49,000 payout.
A lawyer can help you navigate the complexities of workers' compensation claims and advocate for you to ensure you get the maximum possible benefits. If you or a loved one has been injured on the job in New York, feel free to reach out for a free consultation.
For more information and the latest updates on workers' compensation and personal injury law, be sure to subscribe and turn on notifications for my channel. If you need personalized assistance, contact me at 212-406-8989 to schedule a free consultation.
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