Legal Question in Workers Comp in New York

aww calculated wrong

i receive re from an injury several years ago for ppd. since then i had to change jobs and now have been self employed for several years. comp has been determining my aww from my 1099misc. this is not the same as a w-2. they did not take into account my neccessary business expenses, namely my mileage, since the work is done out of the house, and alot of travel is involved. they owe me money now fo several years. they have to pay me now don't they?


Asked on 3/25/09, 11:57 am

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: aww calculated wrong

No. The PPD is set from the time of injury. Plus, the fact that you are now self employed does not have a bearing on your weekly rate. Quite frankly in most instances, you are not supposed to be working and receiving workers compensation.

Read more
Answered on 3/25/09, 12:02 pm
Michael Stacy Law Offices of Michael P. Stacy

Re: aww calculated wrong

If your gross earnings are less than the earnings you had on the date of the accident, you may have an argument for Reduced Earnings benefits. First you need proof that self employment was caused at least in part due to an inability to return to the job you were injured on or due to you inability find higher paying work. The second question then is what is your "gross earnings" given that most small businesses have a number of deductions which may be allowed for taxes purposes but not for compensation purposes. The issue of mileage is tricky since most small businesses treat that as a depreciation on the use of the vehicle and it gets reported on your taxes as such. You would have to prove you transportation expenses are more than just ordinary use of a vehicle.

Read more
Answered on 3/25/09, 12:37 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in New York