Viola Cummings Lindsay Hot Topics

HOT TOPIC – MAXIMUM WEEKLY BENEFITS

As well, as part of the revisions to the Workers’ Compensation Law, the maximum rate of Compensation was raised effective July 1, 2007 to $500.00 per week. This was the first increase in benefits since 1992 for individuals with an injury or accident on or after July 1, 2007. The State also increased the maximum compensation award prospectively effective for injuries on or after July 1, 2008 to $550.00 and July 1, 2009 to $600.00. Thereafter, the maximum weekly award is indexed to the NYS Average Wage. As of July 1, 2010 the maximum rate is $739.83 per week for compensation benefits.

The following illustration reflects the partial and total rates receivable by a claimant under their Workers’ Compensation claim. You will note for periods prior to July 1, 1991, split rates were in effect for the maximum partial and maximum total awards payable.

AWW	Max partial	max total
7/1/1985	150	300
7/1/1990	280	340
7/1/1991	350	350
7/1/1992	400	400
7/1/2007	500	500
7/1/2008	550	550
7/1/2009	600	600
7/1/2010	739.83	739.83
7/1/2011

HOT TOPICS-WORKERS’ COMPENSATION CAPS

The New York State Workers’ Compensation Board adopted revised rules and regulations regarding the payment of benefits to classified Workers’ Compensation claimants. Prior to March 13, 2007, an individual classified with a permanent partial disability could potentially collect benefits for the rest of their life subject to defenses raised by the carrier (including voluntary withdrawal from the labor market or fraud).
Subsequent to March 13, 2007, New York State implemented limitations as to the length of time a classified individual could receive benefits. The following table illustrates the percent of wage impairment and the corresponding number of weeks an injured worker could collect compensation benefits following the classification:

	3/13/2007
	%	%	wks	yrs
	1	15	225	4.3
	16	30	250	4.8
	31	40	275	5.3
	41	50	300	5.8
	51	60	350	6.7
	61	70	375	7.2
	71	75	400	7.7
	76	80	425	8.1
x	81	85	450	8.6
x	86	90	475	9.1
x	91	95	500	9.6
x	96	x	525	10.1

If an individual is classified with a wage impairment in excess of 80%, he/she may be entitled to additional extended benefits if certain criteria is met prior to the exhaustion point of benefits.