Getting hurt or sick on the job can turn your life upside down. The rent is still due, groceries still need to be bought, and your paycheck may have stopped the moment you left work. Workers’ compensation should replace part of those lost wages, yet the exact amount depends on factors like your average weekly earnings, the seriousness of your condition, and how long you’re unable to work. Sorting all that out can feel confusing and stressful when you’re already in pain.
At K L Sanchez Law Office, P.C., our team of Queens workers’ compensation attorneys is well-versed in the workers’ compensation laws and can help you secure the benefits you rightfully deserve, including compensation for lost wages. Whether negotiating with insurance companies or representing you in court, we can help you receive fair compensation for your injuries. Contact us today at (646) 701-7990 to discuss your case and how we can assist you.
What Will Workers Compensation Pay For After a Work-Related Injury?
If you suffer a work-related injury in New York, the workers’ compensation system is designed to provide you with essential benefits. These benefits fall into three main categories: medical, cash (wage replacement), and supplemental. The amount you receive depends on several factors, including your pre-injury salary, the severity and duration of your disability, and the full extent of your medical needs.
Supplemental Benefits
Supplemental benefits are a specific type of payment available only to a distinct group of individuals. If you or a loved one was permanently and totally disabled, and the injury or loss happened before January 1, 1979, you may be eligible for supplemental benefits. These payments were created to help make up for the effects of inflation on older workers’ compensation claims.
Medical Benefits
When you’re hurt at work, the cost of medical care shouldn’t be something you need to worry about. Workers’ compensation covers treatments, surgeries, medications, therapy, and other necessary care related to your injury. These benefits kick in right away and continue for as long as you need them. There’s no cap on what workers’ comp will pay for approved medical expenses in New York.
Queens Workers’ Compensation Attorney
Keetick L. Sanchez
Keetick L. Sanchez, Esq., is a committed and accomplished Queens workers’ compensation attorney with deep roots in New York. As a lifelong resident, she brings a unique perspective and compassion to her legal practice, representing clients in courtrooms across New York City. Her broad litigation background spans administrative, civil, and criminal matters, giving her a well-rounded understanding of the legal challenges her clients face.
Keetick began her legal career as a paralegal working on personal injury cases involving Labor Law violations, motor vehicle accidents, and slip and fall injuries. After earning her law degree from Touro College Jacob D. Fuchsberg Law Center, she became a tenacious litigator, known for her thorough investigations and aggressive pursuit of justice. Her career also includes experience in Criminal and Immigration Law, gained through internships and hands-on work in both state and federal settings. Keetick is licensed to practice law in all boroughs of New York City and the State of Texas.
Cash Benefits
Cash benefits are intended to replace a portion of the wages you lose while unable to work. If your work-related medical condition prevents you from working for more than seven days, you are eligible for cash benefits calculated as a percentage of your wages before the injury.
Your treating doctor will determine your degree of disability.
- Total Disability: If your doctor finds you are 100% temporarily disabled and cannot perform any work, your benefit will be two-thirds of your average weekly wage.
- Partial Disability: If you can return to work in a limited or “light-duty” capacity but earn less than your regular wages, you can receive partial disability benefits. This is calculated as two-thirds of the difference between your regular pre-injury wages and your current light-duty earnings.
It’s important to know that these benefits are subject to a statewide maximum. For injuries occurring between July 1, 2025, and June 30, 2026, the maximum weekly benefit is $1,222.42. This maximum amount is adjusted annually on July 1st.
If your employer cannot offer a position that accommodates your work restrictions, workers’ compensation may assign a reasonable “earning capacity” based on your situation to calculate your benefits.
Permanent Disability Benefits
Some injuries have lasting effects. If your condition is permanent, workers’ comp offers additional support. The amount depends on how serious the injury is, which part of the body is involved, and how your case is handled. In New York, you may also be eligible for payments related to permanent scarring or disfigurement. Other help may include job retraining or financial support for a surviving spouse or dependents if the injury results in death.
Limitations to Workers’ Comp Benefits
Usually, workers’ compensation will not pay all of your losses. It may seem unfair but this is part and parcel of workers’ comp. This means that you can receive benefits fairly quickly without having to prove the employer was negligent. While you aren’t permitted to sue an employer for the full value or injuries, you can still receive benefits.
Suing outside the workers’ comp system in respect of a workplace injury is possible, but only in limited cases. Talk to a worker’s comp lawyer if your case is likely to be eligible for one of the above exceptions. An experienced attorney can explain the law and help you get the compensation that you deserve.
How Is My Average Weekly Wage Calculated?
Your average weekly wage (AWW) is the foundation for every cash benefit the Workers’ Compensation Board will send your way. When you have worked substantially the whole of the 52 weeks before the accident, the Board usually totals your gross pay for those weeks and divides it by 52 to find your AWW. That total is your wage base, not your take-home pay.
The tally includes more than your regular hourly or salary checks. Overtime counts dollar for dollar, and so do nondiscretionary bonuses, shift differentials, and vacation pay. When you did not work a full year, or had seasonal gaps, the Board can use statutory multipliers where a straight 52‑week history is impossible: 200 for seasonal or very short‑term work, 260 for five‑day workers, and 300 for six‑day workers.
Here’s a quick example. Suppose you earned $48,000 in straight pay, $3,120 in overtime, and a $2,000 safety bonus at your job. Add everything: $48,000 + $3,120 + $2,000 = $53,120. Divide by 52 weeks, and your AWW equals $1,021.54. Cash benefits generally run at two-thirds of that amount, subject to the statewide cap.
Numbers feel cold when an injury has flipped your life upside down. A Queens workers’ compensation attorney can gather payroll records, confirm concurrent employment, challenge lowball calculations, and push for the highest lawful rate so you can focus on healing.
What if I Work a Second Job?
Holding two jobs is common in Queens. An injury on one shift shouldn’t wipe out the paycheck you count on from the other. New York respects this reality with concurrent employment rules. If both employers carry workers’ compensation, every covered wage you earned at the time of the accident is added to create your Average Weekly Wage (AWW). A bigger AWW brings a higher cash benefit, up to the statewide cap. These calculations decide the weekly check that keeps rent and groceries paid on time.
The rule sits squarely in New York Workers’ Compensation Law §14(6). Put plainly, you do not lose the evening delivery income just because the injury happened during your warehouse shift. Bring proof such as recent pay stubs, schedules, or a letter from the second boss to the first claim form. Tell the insurance adjuster about every job right away. Late disclosure can slow payment or shrink the amount.
If your doctor says you can return to one job but not the other, the carrier must still use the combined AWW. Benefits for reduced earnings can cover part of what you lose from the job you cannot perform.
Focus on healing, not paperwork. A Queens workers’ compensation attorney can gather records, calculate the true AWW, and push back if the insurer tries to ignore your second job.
When Does Workers’ Comp Start Paying Lost Wages?
Knowing when workers’ compensation starts paying lost wages is crucial for anyone who has been injured on the job in New York. If you are unable to work due to a total or partial disability stemming from an injury at work, you may be eligible for lost wage benefits. However, these benefits are subject to specific timing and conditions.
Initially, there is a seven-day waiting period. Lost wage benefits are not provided for the first seven days of your disability. However, if your disability lasts for more than fourteen days, workers’ compensation will retroactively cover lost wages from the very first day you were unable to work.
Once your claim is filed and accepted by the insurance company, the timeline for receiving these payments is fairly prompt. You should expect to start receiving payments within 18 days of the injury date or within 10 days after your employer has been notified of your injury, depending on which date is later.
If there is a dispute regarding your claim, payments may be delayed. In such cases, the decision on your benefits will hinge on a judicial ruling. If the judge rules in your favor, any disability benefits you received while waiting will be accounted for in your lost wages compensation. This process underscores the importance of having a clear understanding of your rights and the workers’ compensation system to effectively manage your recovery and financial stability following a workplace injury. Contact the K L Sanchez Law Office, P.C. today to speak with a skilled Queens workers’ compensation attorney for professional assistance.
What is the Employer’s Responsibility When a Worker is Injured?
When a worker sustains an injury at work, it becomes the employer’s responsibility to take specific actions to comply with workers’ compensation laws and provide support to the injured worker. These responsibilities are crucial for safeguarding both the rights of the worker and the interests of the employer.
New York law requires employers to provide workers’ compensation insurance to protect workers who might experience work-related injuries or illnesses. Employers must ensure transparency by posting the Form C-105 “Notice of Compliance” in the workplace. This notice provides essential details about their workers’ compensation insurance carrier.
Record-keeping is another critical responsibility. Employers must maintain a record of all work-related injuries for a statutory period of 18 years. This is documented on the “Employer’s First Report of Work-Related Injury/Illness” (Form C-2F). This is essential for creating a historical record of the incident, which can be referenced in the future in case of any issues or claims.
Employers are also required to promptly report work-related injuries to the Workers’ Compensation Board and inform their insurance provider within 10 days, especially if the injury necessitates medical treatment beyond first aid or causes a worker to miss at least one day of work, not counting the day of the injury. Reporting an injury does not automatically make it eligible for workers’ compensation. The injured worker must still file their own claim to seek benefits.
Furthermore, employers must provide wage information from the 52 weeks prior to the accident so that the worker’s Average Weekly Wage (AWW) can be calculated for compensation purposes. This step is crucial to ensure that injured workers receive the correct benefit amount during their recovery.
It is also important for employees to be aware of these responsibilities to help ensure their rights are protected in the event of a workplace accident. A skilled attorney can provide the necessary guidance and assistance to help protect and represent workers and their best interests.
| Employer’s Responsibility When a Worker is Injured | Description |
|---|---|
| Provide workers’ compensation insurance | Employers must provide workers’ compensation insurance to protect workers who might experience work-related injuries or illnesses. |
| Ensure transparency | Employers must post a notice in the workplace that provides essential details about the workers’ compensation insurance, including insurer’s contact details and policy number. |
| Record-keeping | Document any work-related injuries and maintain these records for 18 years. |
| Promptly report injuries | Report work-related injuries to the Workers’ Compensation Board and inform the insurance provider within 10 days. |
| Report changes in wage or job status | Report any changes in the injured employee’s wage or job status to ensure appropriate benefits. |
Appealing a New York Workers’ Comp Denial
You may be able to appeal a decision made by your employer or the workers’ compensation carrier of your employer to the Workers’ Comp Board if you disagree with it.
A Workers’ Compensation Law Judge will first review the evidence and take testimony before making a decision. If your claim is denied at this stage, you can appeal to have the decision reversed.
The appeals process involves specific steps and strict deadlines. The first step is to file an Application for Board Review (Form RB-89) with the Workers’ Compensation Board. This must be filed within 30 days of the date the judge’s decision was filed. Your case will then be reviewed by a panel of three Board members who can affirm, modify, or rescind the judge’s decision, or send the case back for further development of the record.
We understand that navigating the appeals process can be challenging. To ensure your workers’ compensation rights are fully protected, we highly recommend consulting with an attorney who can provide the guidance you need during this legal journey.
Getting Legal Assistance
If you’ve been hurt on the job, it can feel frustrating trying to get the support you need. The process doesn’t always go as expected, and sometimes it seems like the benefits just aren’t showing up the way they should. You don’t have to go through it alone. If you have been injured in a work-related injury, our Queens workers’ compensation attorneys can help ensure that you get the benefits you lawfully deserve. Contact the K L Sanchez Law Office, P.C. today at (646) 701-7990 to schedule a consultation.
