July 1, 2018 to June 30, 2019 $904.74 (and each July 1 thereafter the rate will be increased (or decreased!) to 2/3rds of the State Average Weekly Wage.)

The average weekly wage is the number used by the Workers’ Compensation Law to determine your weekly wage replacement benefit, should you need to file a claim. If you are injured and not working due to a work-related accident, then you will be entitled to get a weekly payment which is not a weekly payment for “wage loss.”

It is not your entire actual pay, but a portion. Therefore, figuring out what your average weekly wage is will be the most important factor in determining how much weekly benefits you can receive.

If your average weekly wage is set too low, you could be receiving less benefits than you are entitled to receive when injured. If your average weekly wage is set very high, there is a chance to get you the maximum benefit in workers’ compensation.

The physical pain of a work-related injury is only the beginning of the ‘pains’ that an injured worker experiences when thrown into the New York Workers’ Compensation system. Getting hurt on the job can be a confusing time – you are out of work, your medical bills are racking up, your concerned about how you will pay your rent, mortgage, car payment and more, and you are worried about getting healthy, keeping your job and getting back to work. Knowing how much money you can receive for your lost wages is extremely important.

To make sure you get the highest benefit possible you need to make sure that the Workers’ Compensation Board properly determines your Average Weekly Wage. The quickest way to determine your average weekly wage is to divide your W-2 number by the number of weeks you worked or divide by 52 for a full year. But this is just a rough estimate.

Net wages, “after-tax”, concurrent employment - there’s so much wrong information about workers’ comp circulating online and there’s so much room for error. Filing for workers’ comp can be difficult for you, but it’s what we’re experts at.

COMMON MISTAKES:

People use their “after-tax” or “net” wages, not their “gross” wages

People do not include tips, commissions, meals, lodging, bonuses in their estimate of their average wage

People do not realize that it is the average of the 52 weeks prior to the accident

People do not include earnings from second or third jobs (called concurrent employment)

People just accept what the insurance company tells them and the Workers’ Compensation Board

Do not fall prey to these mistakes. There are very special rules that the Workers’ Compensation Law Judges are supposed to follow for determining the amount of your Average Weekly Wage. If your average weekly wage is set too low, you could be receiving less benefits than you are entitled to receive when injured. Remember, the average weekly wage is not your entire actual pay, but a portion. Therefore figuring out what your average weekly wage is will be the most important factor (after medical reports from your doctor)in determining how much weekly wage replacement benefits you can receive.