Your indemnity payment for the condition causing your compensation injury or disease is dependent upon your earnings from the one year immediately preceding the date of your injury or occupational disease. This is used to establish what is known as your average weekly wage ( AWW) . Once this is determined the maximum indemnity weekly benefit under Workers’ Compensation in New York can be no more that 2/3 of that AWW. These maximum indemnity payments are limited to weekly maximums dependent upon the year of the injury. These rates have changed over the years and are specified in the statute. The maximum weekly benefit rate a disabled worker can receive presumes the worker is out of work and totally disabled. Once you go back to work or your causally related condition improves, your rate of indemnity per week can be reduced. This is usually resolved after evidence is presented and a formal decision is rendered by the Workers’ Compensation Board., ( WCB). If you are receiving benefits before or without a formal award, such payments are subject to the New York State Workers’ Compensation Law and are somewhat voluntary. You are best protected by a formal decision of the WCB which relies upon medical evidence related to the case.
Under various situations, dependent upon the date of your compensible disability, your right to continuing benefits remains. Your right to medical care subject to the WCL continues but is limited by the Medical Treatment Guideline and their interpretations. Your right to continuing indemnity payments continues subject to the type of case, condition and findings on the case. In some instances, payments can continue forever but are limited by the requirements spelled out in the WCL and court cases interpreting the WCL. As stated throughout this blog, each case is different and all specific questions regarding your case should be discussed with your legal representative. ( see disclaimer) .