Legal Question in Workers Comp in New York

Re: injury

Here is the answer...

2/3 of your pay up to the statutory maximum. To find out your actual number take your average weekly wage then multiply it by 2 and divide by 3. To find out about the statutory maximum go to www.kesslerlawyer.com and click on the workers compensation section. Then click on the questions and answers section. Best of luck with your compensation claim.

Have a good evening,

Jason Kessler

Re: injury

Well most comp lawyers will give you the standard answer that you get 2/3rds of your pay. Most people are taken back by that but they think, well it will be struggle but I will just have to live with 2/3rds of my pay. But the bad news is that the insurance company only has to pay 2/3rds of your pay multiplied by the percentage of your disability. If your doctor or worse yet their doctor says you have a partial disability, lets say, a moderate partial disability (50%) all you get is 50% of 2/3rds of your average pay. This is where most comp lawyers earn their pay, by proving your partial disability is higher than what the comp carrier wants to pay or proving that the calculation the insurance company is offering is wrong.