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Date of AccidentWeekly Maximum Total / PartialJuly 1, 2019 - June 30, 2020$934.11 / $934.11July 1, 2018 - June 30, 2019$904.74 / $904.74July 1, 2017 - June 30, 2018$870.61 / $870.61July 1, 2016 - June 30, 2017$864.32 / $864.3216 more rows
The formula used by the New York State Workers Compensation Board to calculate weekly settlement payments is as follows: Weekly Rate: 2/3 x average weekly wage x % of disability (for example, partial disability or temporary disability)
The average workers compensation case will be resolved within about 16 months. A resolution may result in a settlement agreement or a hearing with a judge. Under 20% of cases will be resolved within the first six months. About half of all workers finished up their claims in between 13 and 24 months.
Some states limit the length of time an injured worker can receive temporary benefits. This range can be three to seven years. That said, there is not usually a limit on permanent disability benefits. However, some states do stop weekly benefits when employees docHub the age of 65.
275 weeks for loss of wage earning capacity of greater than 30% through 40% 250 weeks for loss of wage earning capacity of greater than 15% through 30% 225 weeks for loss of wage earning capacity of 15% or less.
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Compensation Rates An injured employee is entitled to a compensation rate equal to two-thirds of the average weekly wage (AWW) in New York State for the 52-week period immediately prior to the date of accident. The rate is subject to prescribed maximums and degree of disability.
Date of AccidentWeekly Maximum Total / PartialJuly 1, 2019 - June 30, 2020$934.11 / $934.11July 1, 2018 - June 30, 2019$904.74 / $904.74July 1, 2017 - June 30, 2018$870.61 / $870.61July 1, 2016 - June 30, 2017$864.32 / $864.3216 more rows
Workers Comp Exemptions in New York Sole-Proprietors included on workers compensation coverage must use a minimum payroll amount of $37,700 and a maximum payroll amount of $114,400 for rating their overall workers compensation cost. Partners and LLC must be included at a minimum of $35,100 and a maximum of $106,600.
According to New York State law, being fired while on Workers Compensation is not discrimination. This is because NY law allows employers to replace you if youre unable to perform your work. However, you cannot be fired while on Workers Comp. just for filing a NY Workers Compensation claim.
Typically, the process from hearing to approved payment takes approximately 3 weeks. The employers insurance company or third party administrator must then make Section 32 settlement payments within 10 days of the Workers Compensation Boards decision.

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