Legal Question in Workers Comp in New York

I was injured on the job. I have read that Workmans comp pays only 66% of the weekly salary. Is the employer obligated to pay the difference?


Asked on 12/31/10, 12:26 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

No the employer is not entitled to pay the difference. Some employers utilize the employee's sick and annual leave and pay the employees full benefits. Some employers (like public employers) pay the employees from a grant. But most employers don't contribute and under the law they do not have to. They have insurance and WC insurance pays the employees at 2/3's their salary up to the statutory maximum.

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Answered on 1/05/11, 3:44 pm


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