Navigating the NY workers’ compensation system after an injury is taxing enough without the added stress of financial uncertainty. In New York, the amount of money you receive while recovering is calculated using your Average Weekly Wage (AWW). This workers’ compensation calculation is vital, as it serves as the foundation for your wage replacement benefits.
At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers in Staten Island know that that behind every claim is a person concerned about their mortgage, groceries, and family’s well-being. For more than 30 years, we’ve helped injured workers in the greater New York City get the workers’ compensation and SSDI benefits they need and deserve.
Key Takeaways
- AWW — The Average Weekly Wage (AWW) is the basis for your cash benefits, so getting it right is one of the most important elements of your claim.
- Concurrent employment — If you held a second job at the time of your accident, those wages may be added to your worker’s compensation calculation to increase your weekly benefit.
- Detailed review of your AWW — Your attorney ensures the insurance carrier uses the correct daily multiplier and includes all overtime or bonuses to prevent costly errors.
- No upfront legal costs —Our Staten Island workers’ compensation lawyers take cases on contingency. This means legal fees are deducted from any award you receive and we only get paid if we win your case.
Understanding the Average Weekly Wage in NY
The Average Weekly Wage (AWW) is the average gross earnings you received during the 52 weeks prior to your workplace injury or occupational disease. This includes your base salary, overtime, bonuses, and the value of lodging and other benefits provided by your employer.
AWW and Percentage of Disability
In New York, your weekly wage replacement benefit is usually calculated as 2/3 of your AWW, multiplied by the percentage of your disability.
The percentage of disability is how much your injury affects your ability to work and is usually determined by your treating physician. For example, if your doctor finds you are 50% disabled, you receive half of the maximum possible 2/3 AWW. Because this number dictates your income for the duration of your recovery, an error in the initial calculation of AWW can cost you thousands of dollars over the life of a claim.
Insurance Disputes Over Percentage of Disability
Percentage of disability is often a point of contention between treating doctors and workers’ compensation insurers. After receiving your physician’s report, an insurer may require an Independent Medical Examination (IME), which is conducted by a medical provider of their choosing. They often do this when your doctor’s report indicates a high level of disability or a need for expensive treatment.
Our workers’ compensation lawyers in Staten Island can help you prepare for your IME so you know what to expect and how to explain your injury or disability.
Resolving Issues Before a Workers’ Compensation Law Judge
If the IME provider’s disability rating is unsatisfactory, your workers’ compensation attorney can help you dispute it in a hearing before a Workers’ Compensation Law Judge (WCLJ). The judge will review both the IME and your doctor’s report and issue a decision that establishes your disability percentage and AWW. If you disagree with the WCLJ’s decision, your lawyer can assist you with filing a workers’ compensation appeal.
How an Attorney Can Help You Maximize Wage Replacement Payments
To ensure you receive the maximum wage replacement benefit allowed by law, you must provide a complete and accurate picture of your earnings. Insurance carries often rely on simplified workers’ compensation calculations that may not account for your full income.
Reviewing the C-240 Payroll Statement
The C-240 payroll statement is a form your employer must file to show your gross earnings for the 52-week period prior to your workplace injury. Your Staten Island workers’ compensation lawyer meticulously reviews this document to ensure every hour of overtime, bonuses, and any other eligible income or benefit is included, as these are often overlooked by employers in initial reports.
Applying the Correct Daily Multiplier
New York uses specific multipliers to determine your annual average earnings based on your work schedule. If the wrong multiplier is applied to your daily wage, your workers’ compensation payment will be less than it should be.
- If you worked a standard five-day week, your average daily wage is multiplied by 260.
- If you worked a six-day week for a substantial part of the year, your daily wage is multiplied by 300.
- If you worked fewer than five days a week, the 200 multiplier is often used for a baseline annual average.
Claiming Concurrent Employment
If you held a second job at the time of your injury, that income should be added to your Average Weekly Wage. Many injured workers aren’t aware of this and miss the opportunity to increase their wage replacement benefits.
Accounting for Non-Cash Wages
If your job provided benefits such as a housing allowance, a car for personal use, or meals, they have a specific dollar value that can factor into your total NY wage calculation. If even one variable, such as the multiplier or disability percentage is slightly off, the overall calculation of your AWW may be incorrect. Our attorneys are well-versed in determining the cash value of these benefits and ensure they are included in any calculation.
Having a workers’ compensation lawyer do a comprehensive calculation of your AWW instead of relying on an employer’s or insurer’s information can mean hundreds of extra dollars in your pocket every month.
Factors That Can Reduce Wage Replacement Payments
Social Security Offsets
If you are also receiving Social Security Disability (SSDI), there may be an offset that reduces your workers’ compensation payments. This is to ensure the combined total does not exceed a specific threshold. Although it’s possible to receive SSDI and workers’ compensation at the same time, it’s vital to consult a lawyer to ensure your benefits are maximized.
Voluntary Withdrawal from the Labor Market
If the NY Workers’ Compensation Board (WCB) determines that you have voluntarily removed yourself from the labor market for reasons unrelated to your injury, cash benefits may be terminated. Your workers’ compensation lawyer can help you maintain your benefits by providing evidence that shows you’re searching for work within your medical restrictions or participating in necessary vocational rehabilitation.
Prior Injuries
If you had a pre-existing condition at the time of your injury, the insurance carrier may argue for apportionment. This means they may try to assign a percentage of your current disability to your old injury instead of your current work injury.
For example, if a doctor finds you are 50% disabled, the insurer may argue that half of that is due to a decades-old back issue, which would cut your weekly payment in half. Our workers’ compensation lawyers refute this argument by gathering and presenting medical evidence that shows your prior condition was stable or asymptomatic. This can ensure you’re compensated for the full impact of your current workplace injury.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
As the largest workers’ compensation law firm in Staten Island, Nappa, Monterosso & Poznansky, LLP, has decades of experience handling workers’ compensation and SSDI cases for the hardworking people of the greater NYC area. Our team has longstanding relationships with local judges, members of the WCB, insurers, and attorneys, which gives our clients a distinct advantage.
While many law firms rely on paralegals or staff to communicate with clients, attorney and Partner Rolando Cubela is fluent in Spanish and provides direct, personal service to our Spanish-speaking clients. Our Staten Island workers’ compensation attorneys take cases on contingency, which means we only get paid if we successfully secure your benefits.
Find a Workers’ Compensation Attorney Near You in Staten Island
At Nappa, Monterosso & Poznansky, LLP, our team is dedicated to helping workers and families get back on their feet after an injury. Contact us or call 718-273-9000 today to schedule a free consultation with a worker’s comp lawyer near you in Staten Island. We serve clients throughout the greater New York City area.
