How is My Weekly Workers’ Compensation Benefit Calculated?

The weekly amount you are actually paid for a workers’ compensation injury is different than your Average Weekly Wage (AWW). Your AWW is what you would be making if you were still working in the position you were in at the time of your injury. To calculate your AWW read our recent blog entry. Your AWW is the basis for the weekly benefit you receive, but your weekly benefit also takes into consideration your degree of disability. In this post we will discuss how to calculate your weekly workers’ compensation benefit.

If you are totally disabled or 100% disabled, workers’ compensation will pay you 2/3 of your AWW up to a certain amount, depending on the date of your injury. The schedule for the maximum weekly benefit you can be paid is set forth by the Workers’ Compensation Board and can be found at this web address: http://www.wcb.ny.gov/content/main/onthejob/CashBenefits.jsp. If you were injured on the day this blog was posted, the maximum amount you could receive is $803.21 per week, even if 2/3 of your AWW is higher than that.

So, in order to calculate your weekly benefit, take your AWW, divide it by 2/3 and then multiply it by the percentage of disability stated by your doctor at your last visit. For instance, let’s says Susan has an AWW of $600. 2/3 of $600 is $400, so her maximum weekly benefit if she was 100% disabled would be $400. But Susan is healing well and her doctor says that now she is only 50% disabled. In order to calculate Susan’s weekly benefit we need to multiply $400 by 50%, which means her weekly benefit would now be $200.

At Segar & Sciortino we help thousands of people get the compensation they deserve when they are injured on the job. If you have questions about your workers’ compensation claim, give us a call of send us a note.