How Much Does Workers’ Comp Pay for Lost Wages in New York?
Workers’ compensation provides injured workers in New York with lost wage benefits if they cannot work due to a work-related injury or illness. But how much does workers’ comp actually pay for lost wages? What are the different types of wage loss benefits available?
This article will explain everything you need to know about New York workers’ compensation lost wage benefits – from how they are calculated to how long they last.
Getting injured on the job can cause tremendous financial stress. Without your regular wages coming in, it can be difficult to cover basic living expenses, let alone medical bills. Workers’ comp lost wage benefits are meant to provide a portion of your pre-injury earnings while you recover. Understanding these benefits is crucial to getting the comp pay you deserve.
How Are Lost Wage Benefits Calculated in New York?
The amount you receive in lost wage benefits depends on two key factors: your average weekly wage for the previous year and the degree of your temporary disability. Here’s how it’s calculated:
2/3 × (average weekly wage) × (% of disability based on medical evidence) = weekly benefit
It’s important to note that the weekly benefit cannot be less than the minimum benefit amount, which is currently set at $150.00 per week for accidents occurring after 5/1/13. So, even if your calculations result in a lower amount, you’ll still receive at least this minimum benefit.
Maximum Weekly Benefit: On the other end of the spectrum, the weekly benefit cannot exceed the maximum benefit amount. The maximum benefit amount is adjusted every July 1st and is based on the New York State Average Weekly Wage for the previous calendar year. As of 2023, the maximum benefit amount is $1145.43 for accidents dating from July 1, 2023 – June 30, 2024.
What Are the Types of Lost Wage Benefits in New York Workers Comp?
There are two main categories of lost wage benefits in New York’s workers’ compensation system:
Temporary Disability Benefits
These provide wage replacement when you are temporarily unable to work due to your injury. Temporary disability benefits are paid for the period you are recovering and unable to work – usually until the doctor clears you to return.
The amount of temporary disability benefits is calculated as 2/3 of your gross average weekly wage based on the formulas discussed above, up to the statewide maximum.
Permanent Disability Benefits
If your work injury causes permanent restrictions that reduce your future earning capacity, you may be entitled to permanent disability benefits in New York.
Permanent disability benefits are also calculated as two-thirds of your average weekly wage. But they are paid out weekly until a predetermined maximum number of weeks is reached, based on the level of your permanent disability.
For example:
- For a 10% disability, benefits are paid for 300 weeks
- For a 20% disability, benefits are paid for 375 weeks
- For a 30% disability, benefits are paid for 450 weeks
So, permanent disability benefits help offset the long-term loss of earnings due to permanent work-related impairment.
Do I Have to Wait to Receive Lost Wage Benefits in New York?
If you find yourself in a situation where you’re wondering whether you have to wait to receive lost wage benefits in New York, here’s what you need to know:
If you are totally or partially disabled and unable to work for more than seven days, you may be eligible for lost wage benefits. The good news is that necessary medical care is provided regardless of the length of your disability.
Now, when it comes to the waiting period for lost wage benefits, there are a few key points to consider:
- Initial Seven Days: Lost wage benefits are not paid for the first seven days of your disability unless it extends beyond fourteen days. So, if your disability lasts less than two weeks, you won’t receive benefits for that initial period.
- After 14 Days: If your disability lasts longer than fourteen days, you may receive lost wage benefits starting from the very first work day you were unable to work. This means that if your disability extends beyond two weeks, you’ll be eligible for benefits from day one.
- Claim Acceptance: If your claim is accepted by the insurer, payments should commence within 18 days of the day you were injured or within ten days after your employer became aware of your injury, whichever is later. This ensures that you receive the support you need in a timely manner.
- Disputed Claims: Now, if your claim is disputed by the insurer, unfortunately, you will have to wait until a judge considers the case and directs the insurer to pay. However, during this waiting period, you may still receive disability benefits. If the case ultimately resolves in your favor, any disability benefits you received will be deducted from your lost wages award.
The waiting period for lost wage benefits in New York depends on the duration of your disability, whether your claim is accepted or disputed, and the legal process involved. It’s essential to understand these factors to navigate your situation effectively and ensure you receive the support you deserve.
Getting the Compensation Benefits You Deserve
When it comes to securing the compensation benefits you deserve, O’Connor Law is your trusted partner. As seasoned employment attorneys, they focus on navigating the intricacies of workers comp law and workers’ compensation.
Don’t let uncertainty and legal complexities stand in your way. Contact O’Connor Law in New York today and take the first step towards securing the lost wages you need during challenging times.
