Legal Question in Workers Comp in New York

At a previous job i ended up getting hurt and loss about 11 percent usage of my right leg, in the actual settlement i got nothing, because the company i worked for said they overpaid me in my workers compensation, i guess my question is in NY whats the money equivelant to a 11% loss of usage in my leg? and what should have i gotten?


Asked on 9/12/10, 10:06 pm

1 Answer from Attorneys
Brian Mittman Markhoff & Mittman, PC

Classic lawyer answer - it depends. However, the leg is worth 288 weeks of compensation in New York. So 11% is 31.68 weeks, that gets multiplied by 2/3 of yoru average weekly wage and is capped based on the date of your accident. So in short, Im not sure what your award should have been. However, if what your employer paid you in wages/workers compensation exceeded the award then you were already paid under the law.

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Answered on 9/20/10, 7:53 pm


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