If your injury prevents you from working, you may receive weekly cash benefits.
Typically, wage benefits cover up to two-thirds of your average weekly wage, subject to statutory limits. The statutory limits can be found below.

• Average weekly wage (AWW) is calculated by looking at the your earnings in the year prior to your work injury to determine your AWW, either by way of a weekly divisor or multiple depending upon.
• If you did not work a full year prior to your injury, the wages of a similar worker at your employer may be required to determine your AWW.

Medical opinions regarding degree of disability are used to determine wage benefit amount

• For example, if you are found to have a 50% disability you would be entitled to 2/3 your AWW multiplied by 50% subject to the statutory limits below.

Schedule Loss of Use (SLU) Award

• Lump-sum monetary award granted to injured workers who sustain permanent functional impairments to specific body parts due to work-related injuries. This award compensates for the loss of wage-earning capacity resulting from the permanent disability.
• Body parts/conditions that qualify for a SLU award include your extremities (arms, legs, feet, fingers, etc.), eyesight, hearing and facial disfigurement.
• Your doctor will perform an evaluation and determine whether or not you have any loss of use as determined by the Workers’ Compensation Guidelines for Determining Impairment.
• The SLU percentage is multiplied by the maximum weeks assigned to the injured body part. This result is then multiplied by two-thirds of the worker’s average weekly wage (AWW) to determine the total award.

Classification

• Should you be unable to return to work after your accident you may be entitled to payments for a number of years depending upon.

Permanent disability benefits are available if you cannot return to work.

To receive survivor benefits, a Death Claim must be filed with the Workers’ Compensation Board.

If an injured worker dies from a compensable injury or illness, the surviving spouse and/or minor children-or other dependents as defined by law-are entitled to weekly cash benefits.

These benefits are calculated based on the deceased worker’s average weekly wage.
If there is no surviving spouse or minor children/other dependents who are entitled to compensation, the surviving parents or the estate of the deceased worker may be eligible for a one-time payment of $50,000.

Dependents, as defined by law, may also file a claim to be reimbursed for funeral expenses if the worker’s death was due to a work-related injury or illness. Funeral expenses may not exceed $12,500 in the following counties: Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester. In all other New York counties, funeral expenses may not exceed $10,500.

A claim for death benefits may be filed by:

• A surviving spouse or dependent child(ren);
• Dependent grandchildren;
• Dependent parents or grandparents;
• Dependent siblings;
• Non-dependent parents or the estate of the deceased, if there is no surviving spouse or dependent.