As a worker in New York State, you should be covered by workers' compensation insurance under your employer. That means that if you are injured performing your work-related duties, you can file a workers' compensation claim to seek benefits while you are recovering from your work-related injury.
It is important to understand that if you are cleared for benefits, it does not mean you will get paid the same amount as your regular paychecks. You will get paid only part of your lost wages. How much you get paid depends on several factors, including your average wages for the previous year and the extent of your disability.
As a leading New York State workers' compensation law firm, we are extremely knowledgeable about the workers' compensation system. We can help you figure out how much your claim is likely to be worth once approved by the workers' compensation board.
If you or a loved one has been injured on the job, please contact Terry Katz & Associates as soon as possible to speak to a workers’ compensation lawyer at 888-488-7459. Our attorneys will help you understand your rights as an injured worker in New York State.
The Workers' Comp Benefits Calculation for Cash Benefits
According to the New York State Workers' Compensation Board, the calculation for workers' comp benefits is:
2/3 x average weekly wage x % of disability = weekly benefit
That means that if your average weekly wage was $400 each week and you were partially disabled (50%) you would receive $150.00 a week. If you were fully disabled (100%) then you would receive $266.67.
If you can go back to work but cannot make the same wages you did previously due to the injury, you can still get benefits - two-thirds of whatever the difference is between your prior wages and your current wages.
You will not get benefits for the first seven days of your disability unless it lasts longer than two weeks, in which case you would be paid benefits from the first day you were injured.
Schedule of Benefits in New York State
The state releases a schedule of benefits every July 1 that states how much the weekly maximum benefits can be for an injured worker claiming workers' comp benefits.
Currently, the schedule is:
Date of Accident
Total / Partial
July 1, 2019 – June 30, 2020
$934.11 / $934.11
July 1, 2018 – June 30, 2019
$904.74 / $904.74
July 1, 2017 – June 30, 2018
$870.61 / $870.61
July 1, 2016 – June 30, 2017
$864.32 / $864.32
July 1, 2016 – June 30, 2017
$864.32 / $864.32
July 1, 2015 – June 30, 2016
$844.29 / $844.29
July 1, 2014 – June 30, 2015
$808.65 / $808.65
July 1, 2013 – June 30, 2014
$803.21 / $803.21
July 1, 2012 – June 30, 2013
$792.07 / $792.07
July 1, 2011 – June 30, 2012
$772.96 / $772.96
July 1, 2010 – June 30, 2011
$739.83 / $739.83
July 1, 2010 – June 30, 2011
$600 / $600
July 1, 2008 – June 30, 2009
$550 / $550
July 1, 2007 – June 30, 2008
$500 / $500
July 1, 1992 – June 30, 2007
$400 / $400
July 1, 1991 – June 30, 1992
$350 / $350
July 1, 1990 – June 30, 1991
$340 / $280
July 1, 1985 – June 30, 1990
$300 / $150
Medical Benefits and Workers' Compensation
Since you have been injured, you will definitely require medical treatment. The New York State Workers' Compensation Board states, "The injured or ill worker who is eligible for workers' compensation will receive necessary medical care directly related to the original injury or illness and the recovery from his/her disability."
New York law requires that your employer's insurance carrier pay for your medical treatment for the injury. However, it is worth noting that you cannot just get your medical treatment from anywhere - you have to get medical treatment from a health care provider that has been authorized by the Workers' Compensation Board. Typically, you will be directed by your employer and/or your employer's insurance company to go seek medical care from a specific provider or location. The insurance carrier will only pay your medical bills if you get treatment at an approved health care provider.
New York Workers' Compensation Benefits - How it Works
When you are hurt on the job, you will require medical care and you may be unable to work - either partially or completely - for an extended period of time. Your employer's insurance company should pay for your medical care and for a portion of your lost wages. But how do these payments work?
You sustain a work-related injury
It may seem obvious, but it's important to understand that workers' compensation insurance will only kick in if your injury was the result of performing your work-related duties. If the Workers' Compensation Board thinks the injury did not happen through the course of regular work duties - even if it happened at work - the claim will be denied because it was not a work injury.
You seek medical care and notify your employer of your work-related injury
The exact order of this process will depend on your situation. If you require immediate medical care, you should get it right away and worry about notifying your employer later. If you don't require immediate medical treatment, you can tell your employer about your workplace injury and follow the instructions of your employer when getting medical treatment.
Your employer files a workers' comp claim
Your employer will be the one to file a workers' comp claim with their insurance carrier.
Your workers' comp claim will be approved or denied
Your claim may be approved or denied. If it is approved, you will be notified of what your benefits will be. If it is denied, you can file an appeal with the Workers' Compensation Board.
If you are planning on filing an appeal, you definitely want to speak to our New York workers' compensation team. We can help you maximize your chances of having your appeal approved.
Are You an Injured Worker? Get a Free Consultation with a Workers’ Compensation Attorney About Cash Benefits
Our legal team is passionate about helping injured workers in New York state get their cash benefits – and any other compensation they deserve. Please contact our team today to speak to a workers’ compensation attorney at Terry Katz & Associates about your on-the-job injury and your benefits. We are ready to answer your workers’ comp benefits questions and give you knowledgeable advice about what to do next – including advice on whether you need to file a personal injury claim. Complete the contact form or call 888-488-7459 for immediate assistance.
Terry Katz, Esq.
Terry Katz, Esq., the founding Member of the firm, handles all aspects of Workers’ Compensation and Social Security Disability cases.
From Our Clients
Hiring Terry Katz and associates to represent my interests in my Workers Compensation and Social Security Disability case proved to be a smart decision that yielded an extremely successful outcome.
Through the lengthy and intricate process I came to realize just how valuable having a team of highly skilled representation was, and that is just how to describe the law firm of Terry Katz and Associates “Highly skilled legal representation”. I’d like to thank the entire team who worked on both my cases all of whom were always professional, knowledgeable and extremely caring. Throughout my entire case all of my calls and emails were always returned in a timely manner. My questions always answered competently and professionally. I always understood the process and felt a confidence in the process that I would not have had if not for hiring Terry Katz and Associates.
Mostly I’d like to thank Ms. Langdale who worked tirelessly on both my workers compensation case and my social security disability case. Her representation and legal prowess in the court room was nothing short of impressive to witness. I will never forget how confidently represented and protected I felt during her opening remarks at my social security disability hearing.
During these difficult times I was truly grateful to have Ms. Langdale working so diligently and expertly for my interests.