As per NY Workers’ Compensation Law § 14(1), a “claimant’s average daily wage is used in determining his or her annual average wage only when such claimant has worked in the same job for substantially all of the year preceding his or her injury.”
Here is the post-webinar video from our most recent presentation, “Should I Pay Temporary Disability Benefits?” from our New York webinar training series. The complete archive of prior presentations is here.
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Subject: New York, Workers’ Compensation Law, Indemnity Benefits, Temporary Disability
Date Presented: July 18, 2016
Presenter(s): Tashia Rasul, Esq., and Rachel Aronov, Esq.
Run time: 28:04
Workers’ Compensation insurance provides cash benefits and medical care for workers who are injured or become ill as a direct result of their job. Medical benefits include medical treatment provided, under the Workers’ Compensation Law, to injured workers as a result of injuries arising out of and in the course of employment. Indemnity benefits is compensation paid to the claimant for non-medical loss resulting from an injury or illness.
To calculate the possible exposure of the claim, both the indemnity
and medical benefits should be considered. The medical benefits based on the medical treatment provided. The medical treatment can vary from conservative treatment to invasive surgery. The cost of the medical care depends on the type of care provided. The amount of indemnity benefits a claimant will be entitled to can be calculated by relying on the medical opinions of the treating physician and the independent medical examiner. Continue reading Evaluating the Potential Exposure of a Workers’ Compensation Claim In New York→
In New York, all employers are required to carry Workers’ Compensation insurance. This includes employers with less than five employees. Workers’ Compensation Law imposes heavy penalties against the employer for failure to obtain insurance as well as for defrauding the insurance carrier. [See WCL Section 52]
Penalties are assessed against the employer for misclassifying and concealing employees. The law specifically includes employer’s actions of intentionally and materially understating or concealing payroll, concealing duties to avoid proper classification or
We are proud to announce that defense litigator Tashia Rasul has been elevated to partner at Lois LLC effective today. In addition to her trial practice, Tashia leads the Firm’s Diversity Committee. Tashia is active in the National Alliance of Women in Workers’ Compensation, a think tank of engaged female thought leaders committed to discussing challenges and emerging trends in the Workers’ Compensation industry.
Tashia has been an integral part of the growth and development of Lois LLC, as we expand our attorney capacity to serve our clients. We are committed to meeting our client’s needs and developing and promoting the best workers’ compensation defense litigators.
For workers’ compensation claims with dates of accident or dates of disablement during the period from July 1, 2016 through June 30, 2017, the maximum weekly benefit rate will be $864.32. This is an increase from the old rate which was set at $844.29.
How is the Maximum rate Calculated?
Since July 1, 2010, the maximum weekly benefit rate for workers’ compensation claimants has been two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)). The Department of LaborLink to External Website reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2015 was $1,296.48. Continue reading New York’s Benefit Rate Increases Today.→