AWARDS

An award is an order by the WCB to the employer or insurance company to pay money. When

an injured worker receives money from the insurance company that wasn’t ordered by the

WCB, it is called a “voluntary payment,” not an award. There are five main types of awards in

New York Workers’ Comp:

• Awards for lost time

• Awards for schedule loss of use

• Awards for facial disfigurement (scars, etc.)

• Penalties against employers/insurance companies

• Section 32 waiver agreements

HOW AWARDS FOR LOST TIME ARE CALCULATED

Currently, the minimum you can receive for lost time is $150 per week, and the maximum you can receive (for accidents from July 1, 2015, to June, 30, 2016) is $844.29 per week. The state maximum increases every year on July 1. The maximum rate for your case is determined by the date of you accident—when you were injured. The formula for calculating your weekly rate follows: • Total disability = 2/3 (two-thirds) of your weekly wage, or the maximum rate in effect for your date of accident, whichever is less. • Partial disability = 2/3 (two-thirds) of your weekly wage x the percentage of disability, up to the maximum rate. Example: If Laura has a weekly wage of $1200 before her accident on July 2, 2015, her total disability rate is $800 per week. If she is later found 50 percent disabled, her partial disability rate would then be reduced to half, or $400 per week.

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CONTESTED CASES

These are called “controverted.” A controverted case is an accident or injury that the employer argues is not a valid Workers’ Compensation case. In such a case, the Board will always schedule at least two hearings to resolve the issue and will take sworn testimony in front of the law judge from the claimant and the employer. The judge will then decide whether the case is “compensable,” meaning covered by the Workers’ Compensation Law. A few examples of typical controverted cases are ones in which the employer claims the claimant made up the whole case or faked the injury, claims the employee never notified him or her of the accident, or claims the employee wasn’t actually at work when the employee was injured. http://mydisabilityatty.com

LITIGATION

In Workers’ Comp, there are hearings in which the claimant and “lay” (nonmedical) witnesses may testify. These are referred to as “trials.” If a doctor is asked to testify, this testimony is conducted over the telephone outside the presence of a law judge, and a court stenographer then sends the typed transcript of the testimony to the Board. These are called “depositions.” Also, every decision that is made by the Board may be appealed by any party that is unhappy with the decision. Appeals may

take up to a year, or longer, to be decided. Together, the procedures where testimony and

evidence is given to a judge and decisions are appealed are referred to as “litigation.” It is not a good idea to get involved in litigation against an employer and its insurance company without a lawyer. http://mydisabilityatty.com

STRESS AND PSYCHOLOGICAL CLAIMS

Generally, in New York, you cannot file a valid Workers’ Comp claim for general job stress. They are almost impossible to win. As opposed to stress claims, claims for psychological injury are relatively easy to prove if you have the proper medical report from either a psychiatrist or psychologist.“ Claims for general job stress are almost impossible to win.”

What’s the difference between the two?

• Stress is emotional problems due to the normal everyday stress that all workers suffer from at some time. This includes being around hostile or mean supervisors and coworkers or firings, demotions, and transfers. None of these things can be the basis for a Workers’ Comp claim in New York.

• Psychological injury is due to an unusual single incident, like being assaulted at work, or due to a severe reaction to an injury, such as posttraumatic stress disorder or depression. http://mydisabilityatty.com