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What Is Workers' Compensation in Queens, New York?

In Queens, New York, a worker who is injured while on the job or who becomes ill as a result of his or her employment may be entitled to workers' compensation benefits. If you have suffered a workplace injury or believe that your job has caused an illness, it is important that you understand what benefits may be available to you.

Almost all employers in New York are required to provide workers' compensation coverage to their employees. If you are a covered employee and you suffer a compensable injury or illness, you could be entitled to both wage replacement benefits as well as medical treatment coverage. The medical treatment coverage will cover the cost of treating your injury or illness until you are rehabilitated. The wage replacement benefits, as the name implies, are intended to provide you with monetary benefits while you are unable to work due to your injury or illness.

If you are entitled to wager replacement benefits, you could receive temporary total benefits or temporary partial benefits, depending on the degree to which your injury or illness affects your ability to work. If you are able to work but not full-time and/or not at your previous position, you may receive temporary partial benefits. If your injury or illness completely prevents you from working, you will receive temporary partial benefits.

The amount of your wage replacement benefits will also depend on your average weekly wage, or AWW. Your AWW is calculated by adding up your income for the year prior to the injury or illness and dividing that figure by 52. That figure is then multiplied by two-thirds, or .667, to arrive at your AWW. If, for example, you earned $52,000 last year, your AWW would be calculated by dividing $52,000 by 52 to arrive at $1,000, then multiplying that by 0.667 for an AWW of $667 per week. There is, however, a maximum amount of benefits that a worker can receive. The maximum benefit amount is determined each year by the New York State Average Weekly Wage, or NYSAWW. For the year 2014, the maximum benefit amount is $803.21.

There are a number of hurdles and obstacles that a claimant may face when applying for workers' compensation in Queens, New York. To ensure that your claim is approved and that you receive all the benefits to which you are entitled, it is best to contact the experienced attorneys at Simon & Gilman, LLP right away if you believe that you have a valid workers' compensation claim.

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