Title: “Evaluating Cases for Exposure in New York.” (Indemnity Benefits, Exposure)
Attorneys Tim Kane and Tashia Rasul lead a presentation and discussion on evaluating cases for settlement in New York.
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All webinars begin with a 10-15 minute overview of a general topic, and then a Q & A session is held for the balance of the time. Questions can be on any topic in workers’ compensation law (not limited to the topic). Handout materials are provided in advance of each session.
The New York Workers’ Compensation Law allows for four types of benefits to be provided to injured workers: medical treatment, lost time wage replacement, death benefits, and permanent disability benefits. This article discusses the three types of permanent disability benefit available to the injured worker:
- Scheduled loss of use.
- Permanent Total Disability.
The employer is exposed for permanent disabilities which the claimant may prove. These three types of disability are compensated at different rates.
Scheduled Loss of Use.
Values come from tables which establish the compensation for loss of limbs, vision, and hearing in terms of ‘weeks of compensation.’ Scheduled loss is the percent of those weeks equal to the percentage loss of function of the member (for example a 10% schedule use loss of the arm equates to 31.2 weeks of compensation. The award is the number of weeks of compensation according to the schedule multiplied buy the workers’ maximum rate (2/3rd of Average Weekly Wages subject to the maximum and minimum rates in place according to the year of the accident). Prior payments of compensation and wages (all wages, not just those paid at the compensation rate) are deducted from the award. Continue reading Explainer: Permanency Benefits in New York