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What type of benefits can I expect to receive from Worker' Compensation?
Once your case is established, you can expect to receive a partial wage replacement based on your average weekly wage, as well as payment of medical expenses. This includes mileage payments to and from your doctor(s) offices and any co-payments for which you may be responsible. You will not receive any payment for pain and suffering or loss of enjoyment of life.
What formula is used to determine my wage replacement benefit?
Your average weekly wage is calculated by averaging your weekly wages for the 52 weeks prior to your injury. You are then entitled to two-thirds of your average weekly wage up to a maximum of $800 per week. For example, if your average weekly wage is $1,000 per week, you are still only entitled to the maximum of $800 per week.
Your benefit amount will also vary depending on your level of disability. The formula described above is used in calculating the wage replacement for an injured worker who is totally disabled. Your benefit amount will be reduced if you have a partial disability and are not totally disabled.
How long does it take to establish a Workers' Compensation claim?
There are many factors involved in establishing a Workers' Compensation claim, and no two claims are alike. Some of these factors include whether the compensation carrier is contesting the claim, whether you have a pre-existing injury and whether your doctor has been filing timely medical reports with the Workers' Compensation Board. In many cases, the compensation carrier accepts the Workers' Compensation claim and begins payments immediately. However, in some cases, the compensation carrier contests the Workers' Compensation claim and hearings and litigation may be necessary.
Who is entitled to Workers' Compensation benefits when a worker is killed on the job?
The surviving spouse of a deceased worker is entitled to Workers' Compensation benefits for the remainder of his/her life. Also entitled are any children the deceased worker may have had who were under the age of 18 at the time of the workers' death or under the age of 23 and attending school. If the deceased worker had no spouse and no children under the age of 18, the deceased worker's estate would be entitled to a lump-sum payment in the amount of $50,000.00.
Mesothelioma and Asbestos News
- Buffalo Law Journal, February 12, 2018