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Depending on how long discovery takes, the hearing may be postponed one or more times. In many cases, a hearing is not held until three to six months after the worker files the claim form. Once the hearing does occur, the ALJ will issue a decision within 30 days.
Accordingly, the maximum weekly benefit rate is $1,063.05 for compensable lost time for workers' compensation claims with dates of injury during the period from July 1, 2021, through June 30, 2022.
Depending on your specific situation, having surgery may increase the total value of your workers' compensation case \u2013 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.
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 length of time you can stay out on workers' compensation will range from 225 to 525 weeks. However, the number of weeks and amount of money you can collect from workers' comp for your work-related injury each week will vary, depending upon your individual circumstances.
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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)
Typically, the process from hearing to approved payment takes approximately 3 weeks. The employer's insurance company or third party administrator must then make Section 32 settlement payments within 10 days of the Workers' Compensation Board's decision.
Like most court systems, most cases at the Commission are settled. On average, a settlement is approved about two years after a claim is filed.
The New York State Workers' Compensation Law Judge sets the amount of the fee, which generally is between 10 and 15 percent of the award.
How Long Does It Take to Reach a Settlement for Workers' Comp? The entire settlement process\u2014from filing your claim to having the money in your hands\u2014can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

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