Under New York law, all employers in the state are required to provide workers compensation coverage for their employees. This coverage provides support for employees who are injured on the job, or families of workers who are killed in a work-related accident. Ideally, a claim for workers compensation insurance will be accepted and the employee will be able to receive the money he or she needs as they recover from the injury. However, this does not always happen. Injured workers or their families would be well-advised to contact an experienced injury lawyer to better understand their legal rights and options.
The amount of money that may be available for injured workers varies on a case by case basis. In most cases, cash benefits may be available for up to two-thirds of the victim’s weekly wages. Also, 66.6 percent is the most of the lost wages that may be available through workers compensation benefits. Not all workers, however, get the full two-thirds of their wages.
The amount of disability coverage an injured worker will receive in New York is directly related to the percentage of their disability. For example, if the worker is 100 percent disabled and completely unable to work, then the full two-thirds of his or her salary may be available. If, however, the worker is able to fulfill half of his or her job requirements, then only half of the two-thirds, or one-third, of the total weekly wages may be available.
Additionally, it is important to remember that New York has a limit as to how much may be earned through workers compensation benefits. Under the law, the maximum amount of weekly salary available is two-thirds of the New York State Average Weekly Wage. For example, the total weekly maximum from July 1, 2010 to June 30, 2011 was $739.83. Workers compensation laws can definitely be complex and difficult to understand.
The reputable New York personal injury lawyers at The Law Offices of Kenneth A. Wilhelm handle all types of serious injury accidents. If you or a loved one has been injured in the workplace, call our offices at 1-800-WORK-4-YOU (1-800-967-5496) for a free consultation and comprehensive claim evaluation. We will guide you through what can be a complicated legal process and help you obtain the compensation you rightfully deserve. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit our website: www.work4youlaw.com