A common misconception is that the New York State Workers’ Compensation Law requires that benefits be suspended when someone returns to work. This is not always true.
If it can be shown that an injured worker has returned to work in a restricted capacity, as a result of his or her work injury, they may still be entitled to some type of ongoing benefit. This is called reduced earnings. The amount that an injured worker is entitled to is calculated by taking his or her average weekly earnings before the date of accident and subtracting the diminished earnings they have following their return to work. By multiplying the difference by 2/3 the proper reduced earning amount is calculated.
It is always best to have a clear and concise statement from your doctor outlining the exact work limitations and restrictions in effect. These restrictions can involve a maximum number of hours allowed to work per week or per day as well as lifting, bending, pushing, pulling, sitting or other restrictions. It is important that the injured worker keep all paystubs so that the proper reduced earnings rate can be calculated.
If you have questions regarding your New York State Workers’ Compensation claim, please feel free to contact our office.