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What Should my Rate of Pay be while I am out of Work?

brooklyn workers comp attorneyThis is one of the most important discussions regarding workers compensation in the state of New York and one rarely understood. The usual answer is that the worker receives 2/3 of the pre-injury salary in workers’ compensation payments. But, the truth is that this is not the normal payout amount.

NYC Workers’ Compensation has a sliding scale of payments based on the percentage the treating doctor puts on the disability form and the percentage assigned by the insurance company doctor, known as an IME. For example, if your doctor puts down a 50% disability amount on the form the billing form sent to the insurance company, your payment will likely be cut in half.

Let’s say your earn $900 per week. You would normally be entitled to $600 per week tax free in workers’ compensation payments. However, if the billing department at your doctor’s office lists on the bill a 50% disability, the carrier will reduce your payments to $300 per week regardless of whether you are able to return to your job. And, if the carrier then sends you to one of their doctors and that doctor, the IME, says you have a 25% disability, your rate will drop to $150 per week. Meanwhile, you cannot go back to work and you need money.

At this point, you may need to devise a plan. Each situation is different, but, discussing this with a New York workers’ compensation lawyer can further help you figure out what you may need to do to keep food on the table or what options are available for continued medical care.

Contact a Trusted New York Workers Comp Attorney

Contacting an experienced workers compensation attorney in New York can help answer any questions or concerns you may have regarding your case. Robert A. Koenigsberg has been representing workers comp cases since 1992. Contact the law office of at (212) 964-9292 or fill out an online contact form to schedule a free consultation with Mr. Koenigsberg.