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Workers' Compensation in Queens: How is the Weekly Cash Benefit Determined?

A worker who is injured, or who becomes ill, while on the job in Queens, New York may be entitled to worker's compensation benefits. Those benefits may include payment of the cost of treating the injury or illness as well as weekly wage replacement benefits. The amount you will receive in wage replacement depends on the extent of your disability and your earnings prior to the accident or injury.

In Queens, wage replacement benefits are not payable for the first seven days of a covered injury or illness. After that, the amount you receive each week will depend first on what your average weekly wage, or AWW, is and then on whether you receive temporary total or temporary partial benefits.

Your AWW is calculated by using your earnings for the year prior to your claim for workers' compensation benefits. Your total earnings are then divided by 52 to arrive at your AWW. Your AWW is then multiplied by two-thirds (2/3 or 0.667) to arrive at your weekly benefit amount if you are considered to be totally permanently disabled. For example, imagine that you earned $52,000 the year prior to applying for benefits. Your AWW would be $1,000 ($52,000/52 = $1,000) Your temporary total weekly benefit amount would then be $667.00 ($1,000 x 0.667). The theory behind only providing injured or ill workers two-thirds of their previous earnings is that many of the expenses involved in working (transportation, clothing, eating out) are not incurred when you stay at home with an injury or illness.

There is, however, a maximum weekly benefit amount that changes each year. For the period July 1, 2013 through June 30, 2014 the maximum weekly benefit amount is $803.21. The maximum amount reflects two-thirds of the New York Statewide Average Weekly Wage, or NYSAWW as determined each year.

In the event that your injury or illness does not leave you totally disabled, your weekly wage replacement benefit is further impacted by the percentage of your disability. For instance, if your injuries or illness leave you 60 percent disabled, your weekly benefit amount would be $400.20 ($667 x .60 = $400.20)

Sometimes, an error is made during the calculation of your AWW which will, in turn, affect your weekly wage benefit amount. To ensure that you receive the maximum benefit to which you are entitled when you apply for workers' compensation in Queens, consult the experienced attorneys at Simon & Gilman, LLP right away.

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