April 27, 2022
If you were injured on the job, you may be able to recover compensation to cover your lost wages by filing a workers’ compensation claim. Most people in this situation want to know “just how much money can I expect to receive?” This article explains how most workers’ comp benefits are calculated in New York, how much you may receive, and if you can be reimbursed for out-of-pocket expenses.
Workers’ Compensation Rates
Compensation is based on earnings determined by your payroll records for the year prior to the date of the accident. Until the employer completes and submits the Employer's Statement of Wage Earnings Preceding Date of Accident (Form C-2401) an adjuster may establish a temporary rate. The temporary rate can be adjusted retroactively once the form is more carefully reviewed and re-calculated. There is a seven day waiting period after being out of work, though, before you can receive monetary benefits.
How the Weekly Benefit Rate is Determined
The amount that a worker receives is based on his/her average weekly wage for the 52-week period immediately prior to the date of the accident. The following formula is used to calculate benefits:
2/3 x average weekly wage x % of disability = weekly benefit.
For example, a person who was, on average, earning $400 per week and is totally (100%) disabled from all work would receive $266.67 per week. A person who is partially disabled at fifty percent(50%) would receive $133.34 per week, though subject to the current $150 per week minimum. The weekly benefit cannot exceed the year’s maximum rate, however, which is based on the date of the accident. If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference, called reduced earnings pay.
You can ask for and receive mileage reimbursement for travel to and from doctors' appointments. You can also be reimbursed for the cost of some items prescribed by your doctor that you had to pay for out of pocket, and the cost of parking at a doctor’s office if there was one associated with your visit. It is important to keep track of your roundtrip miles and all receipts for anything paid out of pocket.
Getting Help with Your Workers’ Comp Benefits
If your New York workers’ comp claim is denied, or if you are not receiving your payments promptly, it would be a good idea to contact a New York workers’ comp lawyer. An experienced workers’ compensation attorney (link to article 1) can evaluate your claim and help ensure that you receive the compensation you deserve. The experienced attorneys at Zea Proukou PLLC, workers’ comp lawyers in Rochester and the Finger Lakes, are happy to help you receive all the benefits you’re entitled to.
These benefits can include:
- Medical care and treatment;
- Payments to compensate for lost wages;
- Replacement of lost or reduced wages;
- Reimbursement of out of pocket expenses;
- Death benefits to workers’ families.
When it comes to workers’ compensation, time is of the essence. Contact Zea Proukou PLLC today to schedule your consultation.