Legal Question in Workers Comp in New York

If a person is on workers compensation for one injury & a past wrkrs comp. case is re-opened during the same time, does a person get double pay, a % of the other case, or the same weekly wc payment for both cases?


Asked on 9/12/10, 7:46 pm

1 Answer from Attorneys
Brian Mittman Markhoff & Mittman, PC

In general you cannot receive more than the maximum weekly benefit, whether it comes from one case or two cases. Depending on the type of injury (what you hurt), your earnings (average weekly wage), apportionment (the percentage attributable to each case) and other factors will determine how much you get.

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Answered on 9/20/10, 7:55 pm


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