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Who Pays My Lost Wages?

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If you are unable to do your construction job due to a work-related injury, you are entitled to wage replacement benefits from workers’ compensation. If you have a dispute with your workers’ comp insurance carrier over your benefits, the law firm of O’Dwyer & Bernstien, LLP, in Manhattan is here to help.Our lawyers represent construction workers in the New York City area who are injured in a job-related accident. We offer a free initial consultation to answer your questions about wage replacement benefits and other compensation you may be due.

How are my wage replacement benefits determined?

If you are totally disabled for more than seven days, your wage replacement benefits are two-thirds of your average weekly wages for the 52 years prior to your accident, up to a certain maximum. Currently, the maximum is two-thirds of the New York state average weekly wage.

If you are partially disabled, your benefits will be reduced according to your percentage of disability. If you are able to return to work part-time or in a position that pays less, you are entitled to a wage loss benefit equal to two-thirds of the difference between your pay prior to the accident and your pay after the accident.

Our lawyers can review your case and determine if you are receiving everything you are due.

What if my wage loss claim is denied?

Your wage loss claim may be denied for a variety of reasons. For example, if you turn down a part-time work assignment, your benefits may be stopped. If your benefits stop for any reason, seek legal advice as soon as possible. Our lawyers may be able to get your wage replacement benefits reinstated.

How long will my benefits continue?

Your wage replacement benefits can continue as long as you remain eligible. The maximum benefit amount adjusts every year, according to increases in the New York state average weekly wage.

What if my wage replacement benefits are not enough to pay my bills?

Unfortunately, workers’ compensation provides minimal benefits to injured workers. Our lawyers will evaluate your case to determine if you may be entitled to compensation from other sources. For example, if your injury was caused by the negligence of another party, our lawyers may be able to file a
personal injury lawsuit against the other party.

What if my employer does not provide workers’ compensation insurance?

You may have the right to sue your employer or the person who caused your injury for lost wages, pain and suffering, and other damages.

For More Information Replacing Lost Wages After A Construction Accident

For answers to your questions on lost wages after a construction accident, call 212-571-7100 to speak to one of our attorneys. If you are too injured to come to us, our lawyers will travel to you.

Learn more:

Paying for medical bills

Jason Fuiman

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Co-Managing Partner and Chair of O'Dwyer & Bernstien's Labor & Employee Benefits practice, Jason has over twenty years of experience in the New York legal industry.