There are many different ways that people are injured in New York. Sometimes it is the victim’s fault completely and sometimes the injury is due to the negligence of another. When another person or entity is responsible for causing the injury the victim may be entitled to compensation for their injuries, but in many situations they will have to prove fault. However, there are certain situations when the victim may be entitled to compensation regardless of who caused the accident.
One of these situations is if the person was injured while at work. There are some exceptions to this rule, but for most workplace injuries the worker may be entitled to workers’ compensation benefits. These benefits are usually paid by the employer’s workers’ compensation insurance. The benefits can compensate the victim for some of their lost income and any medical bills they incurred due to the injury and recovery from it.
The injured workers do not receive the entire amount of their income, though. To determine how much they will receive, first the average weekly income for the preceding 12 months is calculated. The next factor is whether the worker is totally disabled or partially disabled. After that is determined the weekly benefit can be calculated. The worker is generally entitled to 2/3 of their average weekly income multiplied by the percentage of their disability. However, there is a maximum that the worker can receive and if the injury occurred today, the maximum benefit would be $904.74 a week.
Unfortunately there are many workers who are injured each year in New York. These workers may be entitled to workers’ compensation benefits. The amount they may be entitled to may seem fairly straightforward, but there are many ways that employers may try to minimize the benefits such as when they are minimizing the percentage of the injury or determining when the worker is able to return to work. Experienced attorneys understand these practices and may be able to help receive what they deserve.