GET WHAT YOU DESERVE
The Disability Guys is here to get you the benefits you are entitled to.
We will help determine which of the three basic workers’ compensation
benefits is right for you.
BACK TO WORK
WEEKLY LOST WAGE REPLACEMENT
If you are missing work due to a work injury you can receive two-thirds (2/3)
of your pre-tax weekly wage (the “average weekly wage”) up to the
maximum amount allowed for the date of your injury.
John is missing time from work due to a work related back injury. He earned $600 a week on average at his retail sales job. Since he is under the care of a doctor and not working, John is entitled to receive $400 a week in workers compensation wage replacement since he is temporarily totally disabled.
Sarah was injured on July 1, 2017. She earns $1500.00 a week as an urgent care nurse. She is out of work and totally disabled. Using the basic lost wage formula Sarah would expect to recover $1000 a week in lost wages ($1500 x 2/3 = $1000). HOWEVER, the maximum benefit of on the day of her accident is capped at $870.61. So even though Sarah’s AWW would generate a weekly benefit of $1000 she is limited to $870.61
HOW DO YOU CALCULATE WAGES?
I LIVE IN NY. WHAT’S MY WEEKLY WAGE LIMIT?
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.
NEW YORK WORKERS’ COMP
WHAT GETS INCLUDED IN DETERMINING YOUR
“AVERAGE WEEKLY WAGE” ?
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 the a rough estimate.
DON’T GET DISCOURAGED
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.
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.