Monday, March 27, 2017

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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