Understanding Wage Loss Benefits Under New York Workers’ Comp

If you are here, it likely means you or someone you care about has been hurt at work. You may be feeling confused, overwhelmed, or even scared about what happens next. You may wonder how you will support your family, pay your bills, or even just recover without the pressure of lost income. We understand that this is a difficult time, and you are not alone. At our firm, we are here to guide you through every step of your case with care, patience, and dedication. This page will help you understand how wage loss benefits work under New York’s Workers’ Compensation laws, and how you can get the help you need to protect your future.

What Wage Loss Benefits Mean

When a person is injured on the job, they may not be able to work for some time. In some cases, they may never return to the same kind of work. Wage loss benefits are payments that help cover some of the money you are not earning because of your work injury. These benefits are part of New York’s Workers’ Compensation system, which is designed to support employees who get hurt while doing their job.

Wage loss benefits are not the same as your full paycheck. They give you a portion of what you were earning before your injury. This money helps you keep going while you heal or adjust to a new way of working. It’s not just about money. It’s about peace of mind. It’s about knowing you can get through this with support.

When You Can Get Wage Loss Benefits

To receive wage loss benefits, your injury must be related to your job. This means the injury happened while you were doing your work or because of your work. It could be a sudden accident, like a fall or a machine injury. It could also be an illness or condition that developed over time, like back pain from lifting heavy items every day, or breathing problems from working around dust or chemicals.

You also need to show that your injury is stopping you from earning what you made before. If you cannot work at all, you may qualify for total disability benefits. If you can work a little but not like before, you may be eligible for partial disability benefits. The kind of benefit depends on how serious your injury is and how much it affects your ability to earn.

How the Payment is Calculated

Wage loss benefits are based on two main things. First is your average weekly wage before the injury. This means how much you earned each week, on average, from your job. Second is how much your injury is limiting your ability to work. The more your injury affects your income, the more you may be paid, up to the limit allowed by law.

Let’s say you were making $800 a week before the injury. If you can’t work at all for a while, you may receive two-thirds of that, or about $533 per week, depending on the state’s maximum for that year. If you can work part-time and make $400 a week, you may receive part of the difference between $800 and $400.

Types of Wage Loss Benefits

There are different kinds of wage loss benefits, depending on how your injury affects you. These include temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability.

Temporary total disability means you cannot work at all for a short time. You are expected to recover and return to work later. During this time, you may receive two-thirds of your average weekly wage.

Temporary partial disability means you can do some work, but not as much as before. You might work fewer hours or take a job that pays less. In that case, you may receive benefits to help make up for the lost income.

Permanent total disability means your injury is so serious that you will never be able to work again. If that happens, you may receive ongoing payments for a longer time.

Permanent partial disability means your injury has caused lasting damage, but you can still work in some way. You may receive scheduled or non-scheduled loss payments depending on the part of your body that was hurt and how much function you lost.

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Why Medical Proof Matters

To get wage loss benefits, you must show medical proof of your injury and how it limits your work. This means regular check-ups, detailed records, and reports from your doctor. The insurance company will review this information before agreeing to pay benefits. Sometimes they may ask for an independent medical exam. If the reports are not clear or complete, your benefits may be delayed or denied.

That’s why it’s important to follow all medical advice, go to your appointments, and keep records of everything. Your medical records are not just for your health. They are also key to your case.

What Happens if Your Benefits Are Denied

Sometimes a claim is denied. The insurance company may say the injury didn’t happen at work, or that it’s not serious enough to stop you from working. They may say your medical records are not enough. If this happens, you have the right to fight the decision.

You can request a hearing before a judge at the New York Workers’ Compensation Board. At the hearing, you can present evidence, call witnesses, and explain your side. This process can be hard to do on your own. That’s where having someone on your side becomes very important.

Understanding the Time Limits

There are time limits for filing a Workers’ Comp claim. In New York, you should report the injury to your employer within 30 days. You should also file a claim with the Workers’ Compensation Board within two years of the injury or of learning about a work-related condition. If you miss these deadlines, you may lose your right to benefits.

Even though two years may seem like a long time, the process can take a while. It’s best to act as soon as possible. The sooner you file, the sooner you can start getting the help you need.

Returning to Work

After an injury, you may want to return to work quickly. You may need the income or miss your job. In some cases, your doctor may say you can go back part-time or with light duty. That’s good news, but you still may not earn as much as before. Wage loss benefits can continue while you get back on your feet. If your employer cannot offer work that fits your medical needs, you may still be eligible for benefits.

If you return to work and your condition gets worse, you may be able to reopen your claim. It’s important to stay in touch with your doctor and let them know about any changes in your health.

How Having the Right Help Changes Everything

Understanding wage loss benefits under New York Workers’ Comp can be hard. There are forms, deadlines, medical records, and hearings. You are not just recovering from an injury. You are also trying to protect your future and your family. That’s a lot to carry.

Having the right support can make a big difference. Someone who knows the system and can speak up for you can take the pressure off. They can help you avoid mistakes, gather the right papers, and stand up for your rights. You don’t have to do this alone.

Now Is the Time to Take the Next Step

If you have been injured at work and are missing paychecks, it is time to find out what wage loss benefits you may be entitled to receive. You may be feeling worried, frustrated, or unsure about what to do. That’s normal. But you don’t have to stay stuck.

The legal team at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is ready to listen to your story and help you move forward. We know what’s at stake. Let us help you get the benefits you deserve so you can focus on healing and rebuilding. Reach out today to get started with people who care and who know how to help you win your case

To learn more about this subject click here: Workers’ Compensation vs. Personal Injury Lawsuits: What’s the Difference?