Comments on: N.Y. Workers’ Comp. and Labor Market Attachment

By: EricJohnson

EricJohnson — Mon, 09 Nov 2009 02:17:15 +0000

Marcus:
Based on what you’ve told me I would say that your situation is a prime example of reduced earnings. Please know though that the average weekly wage for purposes of Comp is generally figured off your previous 52 weeks of pay and any reduced earnings would be based on that average weekly wage.

When I request a hearing on reduced earnings, I submit at least one or two of my client’s paystubs with my request. It’s a good idea to have all of your paystubs since you’ve been back at work at reduced earnings at that first hearing.

Good luck and thanks for reading,
Eric
____________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
The Ziff Law Firm, LLP
303 William St.
Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

By: marcus

marcus — Sun, 08 Nov 2009 01:49:25 +0000

I have recently returned to work after back surgery. I was working 60 hrs a week grossing around 1150.00 a week. I am having a lot of problems with my back again and find my self unable to work the extra 20 hours a week. If my doctor places me on a forty hour work restiction i will only gross 700.00 a week would i be eligible for reduced earnings for 2/3 of the difference?

By: EricJohnson

EricJohnson — Mon, 27 Jul 2009 18:08:56 +0000

Lisa,
The term “maximum allowable benefit” refers to the maximum rate, which is 2/3 of your average weekly wage up to whatever the maximum rate was at the time you where injured. For injuries occuring after July 1, 2009, the maximum rate is $600 per week.

As to how many years you would be entitled to reduced earnings, for injuries occuring before March 13, 2007, you COULD be eligible for reduced earnings for the rest of your life. After March 13, 2007, your eligibility for reduced earnings would PROBABLY be capped for the number of years corresponding to the degree of your permanent partial disability; however, the answer is unclear because the statute is unclear and this question has as yet to be faced by the Board.
Thanks for reading and thanks for your question,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

By: lisa

lisa — Sat, 25 Jul 2009 03:13:25 +0000

Regarding reduced earnings, what is the maximum allowable benefit or how many years are you entitled to it? Is there a chart I can look at or is it the same for everyone? This is a NY workmans comp case I am asking about. Thanks.

By: EricJohnson

EricJohnson — Fri, 03 Jul 2009 20:17:25 +0000

Hey Gordy,
You can probably depend on your doctor’s opinion of total disability for purposes of not having to look for work unless a Workers’ Compensation Law Judge recently found you to be partially disabled and there hasn’t been a change in your medical condition.

By: Gordy

Gordy — Fri, 03 Jul 2009 14:29:24 +0000

If an injured worker is found to be partially disabled by an IME but totally impaired by their personal doctor, does the injured worker still have to look for work or does the personal doctors’ report exclude the injured worker from a job search?

By: NY Workers’ Comp and Labor Market Attachment Revisited | NY Malpractice Attorney | New York | PA

Mon, 06 Oct 2008 02:31:14 +0000

[...] If you’re a partially disabled Workers’ Compensation claimant, you have an obligation to make a good faith effort to look for work within your restrictions. The purpose of this post is to share some points of advise we give our clients. For background, see my post “NY Workers’ Comp and Labor Market Attachment.” [...]

By: EricJohnson

EricJohnson — Mon, 11 Aug 2008 13:24:19 +0000

Hi Tom,
The short answer is that it is not legal to get partial disability payments while working part time.

You are eligible for reduced earnings, which is 2/3 of the difference between pre-injury and post-injury earnings up to the maximum allowable benefit.

I have two other concerns: 1) Once your doctor makes you partial you have an obligation to go to your employer and see if they have light duty work available within your restrictions; and 2) Your average weekly wage should be calculated to include both your full-time and part-time employment.

You should consider representation Tom. If your hearings are in Elmira, give me a call.

Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

By: tom

tom — Mon, 11 Aug 2008 04:51:44 +0000

Hello,

I came across your website and decided to ask you a question.

I was injured on the job. At the time I had two jobs. One (1) was physically demanding and my full time job;

The other part time and no physical nature.

Is it legal for me to be receiving payments for my partial dis while I am still working my part time job?