What determines the amount of money that I receive each week in compensation benefits?
The amount you receive in compensation benefits is limited to 2/3 of your average weekly wage up to the maximum amount set by law. This amount is payable if you are totally disabled from any and all work. If you are capable of performing some type of work, even if it is not the type of work that you were doing when you became injured, you will be considered partially disabled and will be entitled to an amount less than 2/3 of your average weekly wage.
If you are not working, the amount you receive depends on the degree of disability as estimated by medical doctors or chiropractors. Degree of disability is a major area of dispute in compensation cases as insurance company doctors tend to minimize the degree of disability. Often, medical testimony will be taken by deposition to allow the Workers’ Compensation Law Judge to resolve the issue of degree of disability.
If your return to work at a lesser paying job because your on-the-job injury prevents you from returning to your regular job, the amount that you receive is determined by comparing the amount that you earned before you got injured to the amount you earn after your return to work. In such a situation, you are entitled to receive 2/3 of the loss of earnings.