How much you end up getting in your Workers' Comp Case depends on a bunch of different things—like how much you were making, how bad the injury is, and a few other factors. Let’s break it all down so you know what to expect.
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 Disability Benefits
Temporary Lost Wage Benefits help make up for some of the income you’re losing because of a work-related injury or illness. To figure out how much you’ll get, you first need to know your Average Weekly Wage (AWW). This is calculated based on your total gross wages over the past 52 weeks, including any overtime you worked.
For example, if you make $25 an hour and usually work about 36 hours a week, your AWW would be $900.
Next, you need to know your Degree of Disability, which is a medical assessment showing how bad your injury is and how much it’s affecting your ability to work. If you’re 100% disabled, you can’t work at all. Anything less is considered a partial disability, with percentages between 25% and 99%.
Here’s the formula to figure out your weekly benefit:
Weekly Benefit = 2/3 × Average Weekly Wage × Percentage of Disability
So, if your AWW is $900 and you’re 100% disabled, your weekly benefit would be:
2/3 × 900 × 100% = $600
There’s also a cap on how much you can get per week, which changes each year. Right now, the max weekly benefit is $1,125.46. You can check the latest updates on maximum weekly benefits using the resource links below.
Permanent Disability Payments
If your injury leads to a permanent disability, you might get ongoing benefits or a payout. Here’s how it works:
Permanent Total Disability
If you’re totally and permanently disabled, you’ll get two-thirds of your Average Weekly Wage (AWW) for as long as the disability lasts.
Permanent Partial Disability
There are two types of benefits for this:
Schedule Loss-of-Use Awards
These are for injuries to body parts like arms, legs, eyes, ears, or your face. The amount you get depends on the percentage of disability, your AWW, and which body part is injured. The New York Workers’ Comp Law sets the max number of weeks for each body part. To figure out your total award, multiply the number of weeks by your percentage of disability, then multiply that by two-thirds of your AWW.
Example: If you have an AWW of $900 and you lose 25% of the function in your arm (312 weeks max for an arm), you multiply 312 weeks by 25% (78 weeks). Then, two-thirds of your AWW ($600) for those 78 weeks equals a total award of $46,800.
Non-Schedule Awards
These cover injuries not listed in the Schedule Loss-of-Use, like those affecting your spine, pelvis, lungs, heart, or brain. Here, the benefit is two-thirds of the difference between what you used to earn (your AWW) and what you can earn now. The max number of weeks is set by law based on how much earning capacity you’ve lost.
Example: If your AWW was $900 and you’re now earning $300, the difference is $600. Two-thirds of that difference is $400. If you’ve lost 67% of your earning capacity, you’ll get $400 a week for up to 375 weeks.
A lot of people think that staying out of work longer will get them more money, but that’s not how it works. The severity of your injury is determined by a doctor, not by how long you’re off the job.
Plus, any temporary benefits you receive are taken out of your permanent disability payout, so taking more time off can actually lower your final payment.
For example, if your injury is worth $50,000 and you take 10 weeks off, getting $1,000 a week, that’s $10,000 deducted from your payout, leaving you with $40,000. But if you only take one week off, you’d get $1,000 for that week and then 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, Rex Zachofsky, at 212-406-8989 to schedule a free consultation.
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