Calculating Reduced Earnings Benefit Rates in New York.

How do we calculate reduced earnings benefits in New York?

We need to know only two quantities: What did the claimant earn (AWW) pre-injury? and What does the claimant now earn (post-injury)? The claimant is entitled to 2/3rds of the difference between those two numbers, subject to the statutory caps in effect at the time of loss.

Calculating reduced earnings:
Pre-injury wage less post injury wage times 2/3rds = benefits due.
Or to put it another way,
(Pre Injury Wage – Post Injury wage) * 2/3rds = benefit rate.

Example.

To use simple numbers: imagine a preinjury wage of $200 per week, and a return to work wage (part time) of $100 per week, with your doctor telling you there is a “mild” disability. We don’t care about the “mild” part – any disability that results in a reduction of earnings is compensated at the same rate (2/3rds).

In this case, the difference is $100 per week, multiplied by the reduced earnings benefit (2/3rds) for a final benefit of $66.66 per week.

Greg Lois is the managing partner of LOIS LLC, a 21-attorney law firm dedicated to defending employers and carriers in New York and New Jersey workers' compensation claims. Greg is the author of a popular series of "Handbooks" on workers' compensation, and is the co-author of the 2016 & 2017 Lexis-Nexis New Jersey Workers' Compensation Practice Guide. Greg can be reached at 201-880-7213 or glois@lois-llc.com