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What type of workers’ comp benefits are available, and how can an attorney help? P.2

Tuesday, March 1, 2016

In our last post, we began looking at the types of benefits available through the workers’ compensation system for injured workers in the state of New York. We’ve already spoken briefly about the importance of medical benefits, and then briefly mentioned benefits available for total and partial disability.

The specific formula used to calculate total and partial disability benefits is the following: an injured worker’s weekly benefit is two-thirds of his or her average weekly wage multiplied by the workers’ percentage of disability. In other words, workers who are injured on the job and, as a result, are not able to bring home as much income, may be able to receive up to two-thirds of the difference between their current and previous incomes.

Replacement income is capped based on the date of the accident. These caps are based on the average weekly wage for New York State the previous year, but an injured workers’ compensation award does not increase when the weekly maximum changes. These numbers can be found here.

Two other important types of benefits available through the workers’ compensation system are supplemental benefits and death benefits. Weekly benefits are available to the surviving spouse and/or minor children of a deceased worker at a rate of two-thirds of the deceased worker’s average weekly wage for the year preceding the accident. The weekly benefit is capped at the weekly maximum. Funeral expenses are also available as well.

In our next post, we’ll continue this discussion and look briefly at how an experienced attorney can help an injured worker, or his or her surviving family, obtain the benefits they deserve. 

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