If you have been injured on the job, you may be entitled to Workers’ Compensation cash benefits. Under the statute to injured workers, there are 3 types of workers’ compensation cash benefits that may be relevant to your particular work related injury.
The following is a simple explanation of each workers’ compensation cash benefit that you may be eligible for:
Cash Benefit for Lost Wages: If you are partially or totally disabled for more than 14 days, then you are entitled to workers’ compensation cash benefits for your lost wages. You will receive an amount based on your average weekly wage (including overtime) for 52 weeks prior to the date of your work related injury. The Workers’ Compensation Board uses the following formula to determine your cash benefit:
2/3 x average weekly wage x % of disability = weekly benefit
If you are unable to return to work due to your injury, then you may be able to get benefits for future lost wages as well. If you return to work, and your injury causes you to earn less than what you were making prior to the injury, then you may also be entitled to reduced earnings benefits.
Schedule Loss of Use Award: This particular workers’ compensation cash benefit, also known as an SLU, will give you an award based on an injury to extremities such as a toe, arm, leg, foot, finger, and other body parts. You are awarded based on the diminished use of the particular extremity. If you cannot recuperate the same ability of that body part, then it is considered a permanent disability in which you may be compensated for. A medical exam by a doctor is required to determine the percentage of loss to the particular extremity that has been injured.
Section 32 Settlement: This workers’ compensation cash benefit offers a lump sum compensation for your injuries as well as the cost of future medical care for the injury. With a Section 32 Settlement you cannot file a future claim should problems persist after you receive your award. This is not for everyone and you should consult an attorney to ensure that this type of workers’ compensation cash benefit is the right choice for you.
For more information, Senior Partner Craig Rosasco talks about these 3 types of workers’ compensation cash benefits in the video below.
Should you need more information or assistance in filing your Workers’ Compensation claim, contact us toll-free at 1-877- NY-DBLAW for a free claim evaluation.
Angela Luongo, a Paralegal at Turley, Redmond, Rosasco and Rosasco, contributed to the writing of this post.