Workers Compensation Lawyers New York
If you have been injured on the job then you might think you know everything there is to know about Worker’s Compensation benefits, however not every Worker’s Compensation situation requires the use of every single benefit or law. Your Worker’s Compensation lawyers in New York such as the ones available at Polsky Shouldice and Rosen PC should be able to answer most of your questions.
So let’s talk a little bit about some common scenarios where people would do better to know more.
Can Worker’s Compensation affect my Social Security disability benefits?
If you are receiving Social Security disability benefits and you need to receive Worker’s Compensation, you can only receive up to 80% of your average earnings between both benefits. This means that if you are filing for Social Security disability benefits after receiving workers’ compensation benefits, you will not be able to collect the maximum amount of Social Security benefits that your earnings record would give you.
Essentially, if your benefits average together exceed 80% of your current earnings, the disability benefit will be reduced. If you believe that your Worker’s Compensation case has wrongly reduced your Social Security benefits, you should reach out to a Worker’s Compensation lawyer in New York to ensure that everything has been done correctly.
How to figure out my average earnings?
An example to figure out your average current earnings and what that reduction would look like is below:
- First off you should understand that your average earning is calculated by averaging your highest consecutive five years of earnings or by taking the highest year that you earned in the five years prior to receiving disability.
- So if your highest amount of earnings was $40,000, you would divide that by 12 to get your monthly earnings, which would be $3333.33.
- From there you would multiply the number you received as a monthly earnings by 80% to see what your average current earnings would be. In this scenario, the earnings would be $2666.
How much is your monthly Worker’s Compensation benefits going to be?
To do this you once again have to do a little math, and if you struggle with math it’s very likely that your Worker’s Compensation lawyer in New York can help you do this math. You will take the amount of your weekly Worker’s Compensation benefit, whatever you receive each week, and you will multiply it by 52 because there are 52 weeks in a year. After this you will get a number that you would divide by 12, which will help you receive your monthly Worker’s Compensation benefits throughout a year.
An example of how to figure out this number is below:
- If you exceed $400 per week during Worker’s Compensation, you would then take that number and multiply it by 52.
- 52 times $400 is going to give you 20,800.
- You didn’t take 20,800 and divided by 12 what is your monthly compensation benefit of $1733.
- You now subtract your monthly compensation benefit from your ACE. in this instance, he was back 2666 from 1733 and you would receive the number 933. The last number that you have received, 933 is going to show you the highest amount of Social Security disability benefits that you could receive as per numbers in this example.
To learn more about how we can help you, please call Polsky Shouldice and Rosen, P.C. today.