Sustaining an injury while on the job can be frustrating and stressful. You may be worried about how you will manage your finances while you are recuperating. The good news is workers’ compensation in New York entitles workers to a portion of their wages while they are out of work.
When payments begin
Your employer’s workers’ compensation insurer must pay you a portion of your wages if your injury keeps you from working for more than seven days. You will not receive compensation for the first seven days of your absence unless your injury makes you unable to work for more than 14 days. In this case, your payments will begin after 18 days of the day of your injury or 10 days after your employer became aware of it, whichever is later.
How much you will get
The amount you receive per week depends on your average weekly wage and the level of disability. The degrees of disability range from:
- Total (100% disability)
- Marked (75% disability)
- Moderate (50% disability)
- Mild (25% disability)
A doctor will determine your degree of disability. Once you know your disability percentage, you will have to do the following calculation: two-thirds of your average weekly wage, multiplied by your percentage of disability. The result will be the amount you should receive per week as compensation for your injuries. Your employer cannot pay you more than $1,063 per week. In New York, the maximum amount changes every year.
What happens if you can return to work, but your injury prevents you from earning the same wages as before the accident (for example, you now have a light duty job at a lower wage). You can make a claim for two-thirds of the difference between your current and previous earnings. If your injuries are so severe that you cannot work for at least a year, you can then also make a claim for federal Social Security benefits.
The purpose of workers’ compensation is to help workers after they have suffered a work-related injury. To receive compensation, you need to file a claim no more than two years after your accident. And your best bet in protecting your rights under the law is to seek the counsel of an experienced workers’ compensation attorney.