#nyworkerscomp

If you are reading this, you might be facing the difficult and stressful situation of trying to navigate your workers' compensation case in New York. We understand that the process can feel overwhelming and confusing, especially when dealing with the pain of an injury or illness. At times like this, it is important to have someone who can guide you through the legal steps and ensure you receive the benefits you deserve. Here, we will walk you through the basics of how workers' comp benefits are calculated in New York State, and how we can help you get the best possible outcome for your case.

Understanding Workers' Compensation Benefits

Workers' compensation is a system that helps employees who are injured or become ill as a result of their job. It provides financial support for medical bills, lost wages, and other expenses related to the injury. However, the process of calculating these benefits can be tricky, with many factors that influence the final amount you may receive.

The first thing to understand is that workers' compensation benefits are meant to replace a portion of your lost income. These benefits are not designed to provide 100 percent of your previous wages. Instead, they offer a percentage based on your pre-injury earnings. This ensures that you are able to cover your essential expenses while recovering from your injury.

How New York State Calculates Workers' Compensation Benefits

In New York, workers' compensation benefits are generally calculated using a formula based on your average weekly wage (AWW). Your AWW is the average amount you earned over the eight weeks prior to the date of your injury. If your injury occurred after a significant amount of time working for the employer, the AWW is determined by using the highest-earning weeks within that period.

Once your AWW is calculated, the next step is to determine what percentage of that wage you will receive as part of your workers' compensation benefits. In New York, the percentage is typically two-thirds of your AWW. This is known as the "compensation rate." The compensation rate will be adjusted depending on the severity of your injury and your work situation.

For example, if your injury prevents you from returning to work temporarily, you may be eligible for temporary disability benefits. These benefits are usually two-thirds of your AWW, with the total amount depending on your injury and other factors. In cases where your injury is permanent, the amount of benefits may be higher.

How Long Will You Receive Workers' Compensation Benefits

The length of time you will receive workers' compensation benefits depends on the severity of your injury or illness. If you are able to return to work, even on a limited basis, your benefits may be reduced or ended. If your injury is more severe and prevents you from working for a long period, you may continue to receive benefits for a longer time.

It is important to understand that there are limits on how long workers' compensation benefits are paid. In New York, temporary benefits typically last for a maximum of 10 years, depending on the nature of the injury. For permanent injuries, there may be ongoing payments for medical care or additional compensation for permanent disabilities. These rules can be complex and may change depending on your specific case.

How Additional Factors Can Impact Your Benefits

Several factors can affect the amount of workers' compensation benefits you are entitled to. For instance, if your injury was caused by a third party, such as a defective product or another person’s negligence, you may be able to pursue additional claims outside of workers' compensation. This could result in a higher financial recovery.

Another factor to consider is whether your injury was a result of your job’s unique nature. In certain cases, workers in high-risk industries may be entitled to additional benefits or faster processing of claims. Additionally, if your injury is permanent, you may be eligible for more compensation, depending on the severity of the impairment.

In some situations, if you are partially disabled and can return to work, but not in the same capacity as before, you may still be entitled to reduced benefits to make up for the difference in your earnings. These reduced benefits will depend on how much your injury limits your ability to work and earn money.

Why You Should Seek Legal Help for Your Workers' Compensation Case

As you can see, the process of calculating workers' compensation benefits in New York State is far from straightforward. There are many variables to consider, and the system can be difficult to navigate. Many people make the mistake of accepting the initial offer from the workers' compensation insurance company without realizing that they may be entitled to more benefits.

It’s also common for injured workers to face delays or denials of benefits, especially if the insurance company questions the validity of the claim or the extent of the injury. In these situations, it’s critical to have an experienced attorney by your side who can help advocate for your rights and make sure you are treated fairly.

At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are empathetic to your situation and understand how important it is to get the compensation you deserve. Our team is ready to help you through every step of the process, from calculating your benefits to dealing with any disputes or complications that arise.

You do not have to face this process alone. We are here to provide the legal guidance and support you need to ensure your case is handled with the attention it deserves. With our experience in workers' compensation cases, we will work tirelessly to ensure that you receive the maximum benefits available to you under New York State law.

Our firm understands the financial and emotional stress that can come with a workplace injury. We will fight for your rights and work with you to ensure that your case has the best possible outcome. If you have questions about how to calculate workers' compensation benefits or need assistance with your case, don’t hesitate to reach out to us.