When does workers’ comp start paying lost wages in New York?

Workers’ compensation benefits cover medical costs and part of lost income for employees who sustain an injury at work or develop an injury or illness because of their jobs. Injured workers ask, “When does workers’ comp start paying lost wages?” To answer this question and help through the workers’ compensation process, connect with a New York workers’ compensation lawyer from The Weinstein Law Group, PLLC.

When does workers’ comp start paying?

You will not receive benefits for the first seven days of your disability until your claim is approved. If your condition extends beyond 14 days, you may retroactively get lost wage benefits for those first seven days. If the provider accepts your claim without issue and begins payments promptly, your first check may arrive with your Statement of Rights.  Ultimately, the insurance provider must pay benefits if you miss more than seven days of work and should issue payments within 18 days of your injury or ten days of your initial report to your employer, whichever date is later. Should the provider dispute your claim, you must wait until a judge reviews your case and orders payment, though you may collect disability benefits. By acting quickly and partnering with a skilled workers’ comp attorney to reduce your risk of complications, you can start receiving benefits within one to three weeks of your injury.

What is the timeline for securing workers’ compensation benefits?

Injured workers, employers, and the workers’ compensation insurance provider must all follow specific timeframes.  First, you must inform your employer or supervisor of your work injury as soon as possible, but not later than 30 days after the injury. If you miss this deadline, you risk losing your right to collect. You should also file an official claim form with the Workers’ Compensation Board (WCB) promptly but no later than two years from your injury or illness date.  Your employer must report your injury to their workers’ compensation insurance carrier no more than ten days after your report if more than first aid was required. This deadline also applies if the injury caused you to miss at least one day of work beyond the day the injury occurred or your illness appeared. The worker’s compensation insurance company must give you a written Statement of Rights and information regarding other requirements within fourteen days after your employer’s notification.

How much does workers’ comp pay for lost wages?

Your weekly payment is based on your average weekly wage (AWW), the severity of your injury, and other factors. The AWW is based on your gross earnings, including overtime, for the 52 weeks before your injury date, but other details may come into play. For example, you may not have worked 52 weeks before your condition’s onset. By overseeing your case, your attorney can ensure fair consideration of all relevant issues. The WCB provides a sample calculation for determining your total weekly payments: 2/3 × (average weekly wage) × (% of disability based on medical evidence) = weekly benefit Payments must fall within minimum and maximum amounts on the New York State schedule of benefits, and insurers must notify you and the WCB if they stop or change your payments.

We fight for injured workers

The Weinstein Law Group supports New York’s workers and fights for the rights of workers injured on the job. Call (212) 741-3800 or send a message to set up a free consultation. An experienced New York workers’ compensation attorney from our team will work to secure your benefits as swiftly as possible.