New York workers who are injured on the job are likely entitled to workers’ compensation. Under New York law, employers are responsible for carrying workers compensation insurance for their employees. This insurance allows those employees that qualify to receive compensation following a workplace accident that results in injuries.
The specific amount of compensation available depends on a variety of factors. These factors are entered into a formula and cash is awarded. However, according to the New York State Workers’ Compensation Board, workers are not entitled to cash benefits during the first seven days of a disability. If the disability extends for more than two weeks, though, then the person can receive benefits from day one of the disability.
When a person is disabled for more than seven days, that person is entitled to cash benefits. Under New York law, a person is entitled to two-thirds of the person’s average weekly rate times the percentage of disability that a person has suffered. For example, if a person has been declared 50 percent disabled for more than seven days, then that person would receive two-thirds of the individual’s average pay time for 50 percent for the week.
There are, however, maximum weekly benefits for workers’ compensation in New York. The maximum amount is based on the New York State Average Weekly Wage as defined by the Commissioner of Labor to the Superintendent of Insurance. Between June 1, 2014 and June 30, 2015 the maximum weekly cash benefit in New York is $808.65.
Cash benefits are different from medical benefits. People who have been injured at work should make sure they understand all their legal rights to benefits — both cash and medical. An attorney can help ensure that people get the benefits they deserve.