When you are injured in a workplace accident, you may wonder how you will be paid. It can be overwhelming not to be able to work because you may have mounting medical bills and can’t afford to pay them, which is only exacerbated by the inability to work due to an injury. You may want to consider filing a workers’ compensation claim to determine if you are eligible to collect compensation during this time.
A lot of what your compensation may be depends on what your average weekly wage was before you became unable to work. You may have to determine your average weekly wage. In order to do so, you will have to figure out how much you were paid on average each week for the 52 weeks prior to the date in which you became injured. It is important that you calculate this number as your gross income, which means that it is the amount you make before taxes are taken out. In addition, you will also want to consider any other forms of compensation that you make. For example, you may want to include overtime pay, any tips you make, bonuses, and even housing such as room and board, if applicable.
Cash benefits are only paid if your disability lasts more than 14 days. You may be able to collect compensation in cash from the first day of work you have missed due to your injury. There are some situations in which you would only be able to collect two-thirds of your benefits. For example, if you were injured and can still work, but only at a portion of the income that you once did, you may be able to collect ⅔ of your wages. Each year on July 1, the maximum benefit amount is changed. Currently, as of June 30, 2017, the weekly maximum amount one can be compensated is $864.32. On July 1, this will change, but it depends on when your accident happened. For example, if you were injured in 2015, your benefits will reflect that rate and do not increase even if it is higher next year.
If you need assistance with a workers’ compensation or Social Security disability claim, contact an experienced attorney today who can assess your situation and provide you with assistance.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.