Wage replacement benefits are often provided to employees who suffer a work-related injury or illness and cannot return to workย because of it. When an individual misses more than seven days of work, they are generally entitled to receive wage replacement benefits, also referred to as lost wage benefits.
In the event an employeeย canย return to work afterย suffering a work-related injuryย or illness but can only work a few hours at a time, they too may qualify for lost wage benefits.
How much can an injured employee collect in wage replacement benefits?
The amount an individual can receive to make up for their lost wages depends on the degree of their injury and how much they earned during the 52 weeks preceding their work accident. Benefits are usually paid on a weekly or bi-weekly basis and individuals canย calculate their weekly benefitsย by doing the following:
- Figure out how much they were earning on a weekly basis. If theyย are considered totally disabledย (100%), then they would multiple their entire weekly wage by 2/3.
- If a person is considered 50% disabled, their average weekly wage would be cut in half and multiplied by 2/3.
ย Important: Wage replacement benefits are calculated using gross earnings and can also include overtime, according to theย New York State Workersโ Compensation Board.
Are wage replacement benefits capped?
Yes, wage replacement benefits are capped. Each year, the New York State Workersโ Compensation Board issues aย Schedule of Benefitsย that outlines the maximum amount a workersโ compensation recipient can collect in wage replacement benefits.
Between July 1, 2020- June 30, 2021, the maximum weekly benefit was set at $966.78. Between July 1, 2021- June 30, 2022, the maximum weekly benefit is $1,063.05. Essentially, what this means is that if an individualโs weekly benefit exceeds the amount listed in the Schedule of Benefits, they are only entitled to collect up to the amount listed.
Contact Stanley Law to find out more about collecting wage replacement benefits
If an injured worker would like toย file a claim for workersโ compensation benefitsย or needs help calculating how much they should be receiving in lost wage benefits, aย Rochester, NY workersโ comp lawyer at Stanley Lawย can help.
In the event an employee is not being provided with the correct benefits or had their claim denied, a Rochester, NY workersโ comp attorney atย Stanley Lawย will determine what the best course of action would be to take to address and resolve the issue.
Stanley Law has multiple offices in Central New York that are located at:
Phone: 1-800-608-3333
Website:ย www.stanleylawoffices.com
Source:ย USAttorneys.com
