Have you been injured at work? Doing work and getting hurt on the job is one of the more common types of cases we work on. We work to get you the maximum. We’re on the job… because you’re not! When wage replacement benefits are provided to employees who suffer a work-related injur or illness and cannot return to work because of it, benefits can vary. 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 employee can return to work after suffering a work-related injury 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 can calculate their weekly benefit by doing the following:
- Figure out how much they were earning on a weekly basis. If they are considered totally disabled (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.
Important: Wage replacement benefits are calculated using gross earnings and can also include overtime, according to the New York State Workers’ Compensation Board.
Are wage replacement benefits capped?
Yes, wage replacement benefits are capped. Each year, the New York State Workers’ Compensation Board issues a Schedule of Benefits that outlines the maximum amount a workers’ 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 individual’s 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 to file a claim for workers’ compensation benefits or needs help calculating how much they should be receiving in lost wage benefits, a Rochester, NY workers’ comp lawyer at Stanley Law can help.
In the event an employee is not being provided with the correct benefits or had their claim denied, a Rochester, NY workers’ comp attorney at Stanley Law 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:
215 Burnet Avenue
Syracuse, NY 13203
and now in Oneonta!