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How Much Will I Collect?

Erwin, McCane & Daly | Thursday, July 23, 2015

Useful Advice from a Workers’ Comp Lawyer

After an injury on the job, you will have a lot of questions and concerns. The most important concerns should be about getting immediate medical care. The next thing on your mind will be how much in workers’ compensation benefits you are eligible to recover. There are a lot of misconceptions out there regarding workers’ comp claims. Depending on the extent of your injury and the associated costs, you could receive more or less than other workers. It is important to speak with a workers’ comp lawyer to ensure you are getting fair compensation for your injuries. You must realize, however, that the payment fee is not randomly decided; it is based on a defined method of calculation.

The Cash Benefit Calculation and Fee Structure

In New York, all workers’ compensation claims are subject to the cash benefit calculation. There is a waiting period for the first week with no payments due, unless there is lost time beyond 2 weeks, then the first week IS payable. The 2nd week is always payable.  

The amount you are entitled to is based on the average weekly wage you earned in the previous tax year, not in the present year. The formula takes two-thirds of your average weekly wage and multiplies it with the percentage of disability you are suffering to arrive at a weekly benefit cash amount.

For example, you earned an average of $400 per week and you have been declared as 100 percent disabled. Therefore, you would receive $266.67 per week for your injury. If you were only partially disabled (or 50 percent disabled), you would receive $133.34 per week. Depending on the date of the accident, your injury payout cannot exceed the weekly maximum set by the state.

Understanding the Weekly Compensation Benefits

There are five types of disability classifications in New York:

  1. Temporary Total Disability - This is when you are temporarily disabled, but have not lost all your earning capacity.
  2. Temporary Partial Disability - Your wage earning capacity is lost partially, but only temporarily.
  3. Permanent Total Disability - Your earning capacity is permanently lost.
  4. Permanent Partial Disability - Part of your earning capacity has been permanently lost; for example, you can only return to work part-time.
  5. Disfigurement - This is when a serious and permanent disfigurement occurs to the face, head or neck. You may be entitled to a maximum compensation payout.

Determining how much you will receive in benefits is not an easy task. It is best to consult a workers’ comp lawyer for an accurate calculation. An attorney will assess your losses and disability classification to ensure you get a weekly or permanent settlement that is adequate. The attorneys at Erwin, McCane & Daly can assist you with your workers’ compensation claim.

Call us today at 518-449-2245 or contact us online to schedule your free consultation