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Your average weekly wage (AWW) is based on your total gross earnings (not take-home pay) for the 52 weeks before the date of injury or illness, including overtime and other compensation. Your AWW is calculated by dividing your total gross earnings by 52.
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)
These exceptions include Dual Capacity, Fraudulent Concealment, Employer Assault or Ratification, Power Press, and Uninsured Employer. The civil suit can be concurrently maintained with a workers compensation action in all of these circumstances.
Executive officers of a corporation are mandatorily covered under the New York Workers Compensation Law and have the same status as employees under the policy.
A Section 32 Waiver Agreement is a negotiated settlement between you and the insurer. It ends your right to ongoing and future benefits in exchange for a lump sum payment or an annuity today. It is a serious decision that you must consider carefully before making the agreement.
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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.
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.
Date of AccidentWeekly Maximum Total / PartialJuly 1, 2020 - June 30, 2021$966.78 / $966.78July 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 / $870.6116 more rows
Workers Compensation coverage is not required if the business is a one or two person owned corporation, with those individuals owning all of the stock and holding all offices of the corporation (each individual must hold an office and own at least one share of stock).
Depending on your specific situation, having surgery may increase the total value of your workers compensation case particularly if you still have some level of disability after the surgery. Importantly, New York workers compensation settlements are often final, particularly when they involve a lump sum payment.

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