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Workers’ Compensation Calculation of Lost Wages When your injuries include other body parts, such as the brain, lungs and heart, your benefits are calculated as a “non-schedule loss.” The number of weeks you can receive these benefits depends on the percentage of your lost earning capacity, according to a formula. With this workers’ comp benefit, you will receive two-thirds of your average weekly wage (up to the legal maximum) for the number of weeks listed in the schedule, multiplied by the percentage of lost functional use of that body part. Your doctor will submit a report stating what percentage of functional use you have permanently lost in the injured body part, and that percentage will be used to calculate the number of weeks of benefits and the payment you will receive. A SLU award compensates you for permanent loss of earning power, as determined by the Workers’ Compensation Board, according to a schedule of the maximum number of weeks of benefits you can receive for the body part you have permanently injured. When your injury involves upper and lower extremities, eyesight and hearing, it falls under a “schedule loss of use” (SLU). Types of Benefits for Permanent Partial Disability Depending on the injury and what part of the body is affected, you may receive one of two kinds of permanent partial disability benefits.

Permanent partial disability -You are partially disabled on a permanent basis, so part of your wage-earning capacity is lost.

Temporary partial disability -Your ability to earn wages is partially lost, but temporarily.

Permanent total disability - You have a total and permanent loss of wage-earning ability.

Temporary total disability - You are completely unable to work, but only for a temporary period.

New York has the following disability classifications for payment: The actual amount workers’ comp will give you to replace lost income depends upon how your disability is classified. If it does, you may receive cash benefits from the first day off the job. While you are entitled to medical coverage from day one, you may not receive cash benefits for the first seven days of the disability, unless it continues for more than fourteen days. If you meet the above criteria, workers’ comp does cover lost wages, but not all of them. It Is Important to Know, Does Workers’ Comp Cover Lost Wages?

You provided a medical report from you treating physician stating that your disability was caused by an on-the-job accident or condition.

You gave your employer a written notice of what happened within 30 days from the date the injury, illness, or accident occurred.

Your accident, injury, or illness is directly connected to the job and happened while you were doing work-related duties.You are a covered worker under the law.Your employer provides New York workers’ compensation.To be covered under New York workers’ compensation laws the following must exist: The first consideration is whether you can be covered at all. While workers’ comp does pay for lost wages and other expenses related to your injury, there are factors that influence whether and how much you will be paid. Our Clients Ask: Does Workers’ Comp Pay for Lost Wages? Count on us to fight for the compensation you deserve. It pays to consult with our experienced workers’ comp lawyer who can explain how the law applies to your situation, handle the application process, and fight any denials. If you believe your situation qualifies you for more benefits than you were awarded, or if your claim has been denied or you are having trouble collecting benefits, Kaplan Law can help. Fortunately, there is help available to guard your rights. The process of filing for benefits and gathering information to prove your claim can be difficult.

You may also be entitled to additional coverage for expenses such as medical bills and for help getting back to work. The amount of wages that workers’ comp will pay is limited by certain factors and percentage formulas set out by law and by the type of injury or disability. Workers’ compensation does pay for lost wages in situations where covered workers sustained a workplace injury that is work-related, but the amount will not be the full amount of your wages.