Find A Lawyer Legal Articles Attorney Login

How Much Does Workers’ Comp Pay For Lost Wages in New York?

Injured? Call Now
1-866-828-0442
Talk to a LAW.COM Premier Attorney today!

Can’t work due to an injury on the job? 

A New York workers’ comp lawyer can help you get compensated for wage loss

Whether you sustained an injury from a sudden accident or a long-term health condition from your work environment, you may be eligible for workers’ compensation benefits. This includes coverage for medical costs and lost wages. 

Compensation for lost wages allows you to maintain financial stability while you’re unable to work. If you’re filing a workers’ comp claim, be sure to speak to an experienced attorney who can ensure that the benefits you receive are accurate and fair. Reach out to a New York lawyer for a free consultation to find out how they can help you. 

Contact
A Lawyer!

Free Evaluation

Tell us about your potential case.

captcha
By submitting you agree to our Terms & Privacy Policy.
Top firms must pass our verified criteria:
Qualification
Serving New York and admitted to practice law in all courts in New York.
Reputation
Earned recognition from their peers for high-quality legal work.
Experience
Extensive experience and a winning track record in workers' compensation cases.
Additional information:
check
Injured? Speak to a LAW.COM
Premier Attorney

1-866-828-0442 or Submit Your Case Form

In New York, the calculation of lost wages hinges on two primary factors: your average weekly wages and the extent of your disability. The extent of disability is assessed as a percentage. It reflects your current capacity to work relative to your capabilities prior to the injury.

Your average weekly wages are determined by the New York Workers’ Compensation Board. They consider the gross earnings received in the 52 weeks prior to your work-related injury or illness, along with the approximate number of days worked per year.

For example:

  • 5-day workweek: Your total yearly gross salary would be divided by the total days paid, multiplied by 260 then divided by 52.
  • 6-day workweek: Your yearly gross salary would be divided by the total days paid, multiplied by 300, and divided by 52.
  • Four days per week or seasonally: The calculation adjusts to multiplying the daily rate by 200, then dividing by 52.

This information is sourced directly from your employer(s) and it covers all job changes or instances of multiple job holdings within that period.

The maximum compensation rate is the upper limit on the weekly cash benefits that an injured worker can receive for lost wages. This rate is based on a percentage of the state average weekly wage and is updated annually to reflect economic changes.

For example, if the state average weekly wage increases due to overall wage growth, the maximum compensation rate will also rise. This adjustment ensures that workers’ compensation benefits remain relevant and adequate for injured workers facing lost wages.

The maximum compensation rate is typically set at two-thirds of the state average weekly wage. This means that no matter how high an individual's average weekly wage might be, the compensation for lost wages will not exceed this cap.

The minimum compensation rate is the lowest amount an eligible worker can receive as weekly cash benefits. This rate is particularly important for workers earning lower wages. It ensures that they receive a base level of financial support if they suffer a work-related injury or illness.

To qualify for workers' compensation benefits in New York, you must meet the following conditions:

  • Employment status: You must be an employee under New York law, which includes most types of workers except for independent contractors, volunteers, and certain others exempt by the law.
  • Work-related injury or illness: The injury or illness must have occurred in the course and scope of your employment. This includes injuries sustained on the job, as well as occupational diseases that develop over time due to work conditions.
  • Notification: You must notify your employer about the injury or illness within 30 days of the occurrence or discovery. Failure to do so can lead to a denial of benefits.
  • Medical evidence: There must be medical documentation supporting the claim that your injury or illness is work-related and detailing the extent of the disability.

What types of injuries and illnesses does New York workers’ comp cover?

Workers’ compensation in New York typically covers:

  • Accidental injuries: These are any physical injuries sustained due to a workplace accident, such as a fall, machinery accident, transportation accident, or another serious incident.
  • Occupational diseases: These are conditions that develop over time due to exposure to harmful substances or repetitive stress injuries associated with the nature of the work. Common examples include carpal tunnel syndrome or respiratory illnesses.
  • Mental health conditions: Under certain circumstances, psychological conditions caused by work-related stress or events are covered. These cases can be more difficult to prove than physical injuries or occupational diseases.

Filing a claim for workers' compensation in New York involves the following steps:

  • Immediate notification: Inform your employer about your injury or illness as soon as possible, and no later than 30 days after the incident.
  • Seek medical treatment: Get medical care from an authorized healthcare provider and ensure the injury or illness is documented as work-related.
  • Complete the Employee Claim (Form C-3): File this form with the New York State Workers' Compensation Board either online, by mail, or in person.
  • Employer’s report: Your employer is required to report the injury to their workers' compensation insurance carrier and the Workers' Compensation Board using Form Employer's Report of Work-Related Injury/Illness (Form C-2).
  • Insurance carrier’s role: The insurance company will investigate the claim and determine your eligibility for benefits. If approved, they will disburse benefits for medical expenses and lost wages.

Pursuing workers’ comp benefits in New York can be a confusing process, especially if it’s your first time. Having an experienced New York workers’ compensation attorney on your side can significantly improve the outcome of your claim.

A lawyer can ensure that your application for benefits is properly completed and filed. Plus, they can handle all paperwork and negotiations, and advocate for you during the New York Workers’ Compensation Board hearings.

Hiring a workers’ comp lawyer in New York is simple and won’t cost you anything upfront. Their contingency fee structure allows you access to affordable legal representation. Plus, your initial consultation is free and offers an opportunity to ask questions and gain legal advice. To get started, fill out the contact form below and an attorney will reach out to you.

Injured? Call Now
1-866-828-0442
Talk to a LAW.COM Premier Attorney today!

Free Evaluation

Tell us about your potential case.

captcha
By submitting you agree to our Terms & Privacy Policy.
check
Injured? Speak to a LAW.COM
Premier Attorney

1-866-828-0442 or Submit Your Case Form