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  1. #1
    Join Date
    Mar 2009
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    New York City
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    13

    Default Computation of New York State Workers Comp Settlements

    I have the same Question I just had surgery yesterday to repair a torn ligament in my hand how does that settlement get computed.

  2. #2
    Join Date
    Mar 2009
    Posts
    61

    Default Re: How Are New York State Settlements Computed

    I can give an example how it works, as in my situation as a bargaining unit employee.

    I go off work for hand surgery for 30 days. I take sick time for that injury but Workers comp owes me close to 4 weeks comp payments at $500 per week.
    W.C. sends the money to my employer who gives me back my sick time based on my hourly wage.

    If you work for as a salaried employee or your company pays you while you are off, the company will be reimbursed for paying you in lieu of w.c.

    If you leave your employment before being paid(or your employer) and use your sick time then any money will not be deducted from your award.

    But the award money paid for that same injury that you took time off from and your employer paid you is always deducted, unless any of the above situations happened.

  3. #3
    Join Date
    Mar 2009
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    9

    Default Re: How Are New York State Settlements Computed

    Quote Quoting Need-To-Know View Post
    I'm trying to find the facts on how settlements in New York State are computed.

    Can anyone help me out here?

    I'm really trying to find the formula used, not the excuse it's on a case by case basis.
    Of course it's on a case by case basis, but it also uses a given formula for each case.
    My lawyer told me that in my case and most back injury cases where you are totally permanently disabled....they try to get you to settle for the ammount that they would pay you for 5 years.....and the lawyer takes 1/3 of the settlement!

    differnt body parts are appointed a dollar amont and depending upon what you use in medical costs you are basically offered that amount that isnt used...so alot of times it definately pays to get back to work as soon as possible.....after all...you are only getting 2/3 of you salary if you are apportioned 100% disabled....to a maximum of 550 a week.....although this money isnt taxable...which makes it the equivalent of 750 give ot take!

  4. #4
    Join Date
    Mar 2009
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    9

    Default Re: How Are New York State Settlements Computed

    Quote Quoting NYNurse View Post
    The sad thing is that even though they have changed the caps on income - that doesn't help the people who are living with injury today - shouldn't they have some sort of "cost of living" increase?

    NYNurse
    I agree with you wholeheartedly...i was injured in 2003...and the going rate for 100% was a maximum of 400 a week....my social security has a cost of living increase every year...but the workers comp i recieve.....stinks....I was earnign about 80k a year.....so basically Im earning about 1/20 of what i used to !!! between the social security and workers comp i get about 40k a year....and that is becasue i was only working as a high earner for the last 5 years of my work history....i had children prior to that ...and took off alot of wrok and had a reduction of earnign becasue of having children....sure wish i could have claimed it based on the former hubby's income...he now gets 550 a week...andhis earnings are about 75k a year NOW!
    • It just doesnt seem fair

  5. #5
    Join Date
    Mar 2009
    Location
    New York City
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    13

    Default Re: How Are New York State Settlements Computed

    Quote Quoting tbran View Post
    A little late I know but here it is:

    An SLU benefit award is measured in terms of weeks. A particular loss-of-use percentage is first stated by a medical expert. This percentage is then converted into a corresponding number of weeks' worth of Workers' Compensation benefits according to the schedule printed at Appendix II of the June 1996, Workers' Compensation Guidelines. Finally, the injured worker's own maximum weekly benefit is multiplied by the number of weeks indicated on the schedule. The resulting benefit is the worker's SLU for the particular injury suffered.

    # of weeks for each body part:
    Arm 312
    Leg 288
    Eye 160
    Hand 244
    Foot 205
    Toes and fingers each have a schedule individually also.

    Example: I had a torn rotator cuff and torn labrum in my shoulder, my doctor rated my SLU as 65% of my right arm, The WCB doctor rated me at 57.5%. The WCB Judge split the difference and determined my SLU at 62%
    I earn $1100 per week but the max comp weekly benefit is $400, so I received
    312 weeks X $400 X .62 = $77,376. Any wages or comp payments made in lieu of wages are then deducted from that amount, as are attorney fees and they cut you a check for the difference.

    Spinal injuries and certain long-term unresolved injuries generally are not given a SLU but are "Classified" as Perm Partial Disability or Perm Total Disability and given a %. The % is multiplied by the difference of your previous job that you can no longer perform and the new job which you now have due to your disability (or no job at all). Again, this is subject to the $400/wk max payment. Example: I lose my same job making $1100/wk due to my disability and get a permanent partial disability rating of 50%. I would receive $200/wk indefinitely (Injuries after 7/06 change the period of time you will receive benefits). you generally have to look for suitable work if your disability is partial, but not always.

    I can offer more specific information with case particulars, but those are the very basics.
    Ok so I had fallen at work tore a ligament on my right hand near pinkie and ring finger what would the settlement be.
    I also have a case for a torn meniscus that I will be having surgery on soon so what are the basics there?

  6. #6
    Join Date
    Jan 2009
    Posts
    54

    Default Re: How Are New York State Settlements Computed

    Quote Quoting joerey View Post
    Ok so I had fallen at work tore a ligament on my right hand near pinkie and ring finger what would the settlement be.
    I also have a case for a torn meniscus that I will be having surgery on soon so what are the basics there?
    You normally won't receive a SLU Settlement until a year has passed since the date your doctor feels you're as good as you're going to get.

    Example... let's you have surgery Jan. 1. After that you go to physical therapy for a couple months. Let's say that takes you to Mar. 1. One year from this time is usually when your doctor will file the papers with the board determing the percentage of SLU (if any) from your injury.

    Remember too that a hand is worth 244 weeks @100%.

  7. #7
    Join Date
    May 2009
    Posts
    13

    Cool Re: Computation of New York State Workers Comp Settlements

    Question
    my arm & hand is disabled from work and this month makes a year.
    312 for the arm & 244 for the hand.
    Would my # be 556?

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Computation of New York State Workers Comp Settlements

    Question
    my arm & hand is disabled from work and this month makes a year.
    312 for the arm & 244 for the hand.
    Would my # be 556?
    No, unless you have a 100% loss of your arm and hand, or amputation.

    You need to have the % loss as determined by your doctor and the rating guidelines before you can calculate your indemnity payments/award.

  9. #9
    Join Date
    Jun 2009
    Location
    new york city
    Posts
    1

    Default Re: Computation of New York State Workers Comp Settlements

    I have question I'm a ups driver I got hurt last year march of 2008 on my left knee I had surgery on it then while I was recovering about 4 month later I hurt my right knee subsequential injury then had surgery on the right knee . I been out now for a year how will they compute these two injury on the same case .

  10. #10
    Join Date
    Jun 2012
    Posts
    1

    Default Re: Computation of New York State Workers Comp Settlements

    i;m on workers comp ,have been for a year.. they cut my check from 621 to 310; how can they do that when i can;t return to work ,,, what kind of settlement would i get for lower back a bulgind disck. sorry my spelling isnt correct; if i retrie from the union can i still get workers comp. or do i settle out how much can i get.

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