weekly rate

[redsoxfan]

I live in New York State. I was hurt in July of '09 and received the weekly max for NYS of $600. The maximum rate went up sometime in '10 to $759 or so. I was wondering if my rate should of been re-evaluated to receive the higher amount ?

[1171]

starting on july 1 2007 the maximum changes every year and it only applies to those that are injured during that period so no, all injuries before 2010 remain their same rate and only those injured after use the new maximum. not every one comp gets the same rate.
http://www.wcb.ny.gov/content/main/onthe...nefits.jsp

[redsoxfan]

(01-19-2012 01:09 PM)1171 Wrote:  starting on july 1 2007 the maximum changes every year and it only applies to those that are injured during that period so no, all injuries before 2010 remain their same rate and only those injured after use the new maximum. not every one comp gets the same rate.
http://www.wcb.ny.gov/content/main/onthe...nefits.jsp

Thanks for the info. My case worker (insurance carrier) said that they want to make a settlement offer, I have been out of work the whole time. She told me the settlement would be based on the maximum weekly rate of $739 and not the $600 from the date of my injury. Does this sound correct ? As of now I do not have a lawyer.

[1171]

the note at the bottom of the state maintained web site (see my link) states that it doesn't:
"Note: The benefit rate a claimant receives (determined by his/her date of injury) does not increase if new maximum benefits are adopted into law.
I suppose they could have changed the law and not updated their public information or
the adjuster could be wrong.

[norma]

(01-19-2012 06:42 PM)redsoxfan Wrote:  

(01-19-2012 01:09 PM)1171 Wrote:  starting on july 1 2007 the maximum changes every year and it only applies to those that are injured during that period so no, all injuries before 2010 remain their same rate and only those injured after use the new maximum. not every one comp gets the same rate.
http://www.wcb.ny.gov/content/main/onthe...nefits.jsp

Thanks for the info. My case worker (insurance carrier) said that they want to make a settlement offer, I have been out of work the whole time. She told me the settlement would be based on the maximum weekly rate of $739 and not the $600 from the date of my injury. Does this sound correct ? As of now I do not have a lawyer.

i am from the state of N.Y. and my injury is from april of 2009, I am still getting the max of 550.00 a wk. my attorney said that even thow the rate gets increased every year that we won't get an increase because they go by the date of injury. sometimes a claim adjuster will tell you anything because they no you don't no the laws and you don't have an attorney, my advise to you is to get an attorney.

[Woodlawn]

(01-20-2012 08:02 AM)norma Wrote:  

(01-19-2012 06:42 PM)redsoxfan Wrote:  

(01-19-2012 01:09 PM)1171 Wrote:  starting on july 1 2007 the maximum changes every year and it only applies to those that are injured during that period so no, all injuries before 2010 remain their same rate and only those injured after use the new maximum. not every one comp gets the same rate.
http://www.wcb.ny.gov/content/main/onthe...nefits.jsp

Thanks for the info. My case worker (insurance carrier) said that they want to make a settlement offer, I have been out of work the whole time. She told me the settlement would be based on the maximum weekly rate of $739 and not the $600 from the date of my injury. Does this sound correct ? As of now I do not have a lawyer.

i am from the state of N.Y. and my injury is from april of 2009, I am still getting the max of 550.00 a wk. my attorney said that even thow the rate gets increased every year that we won't get an increase because they go by the date of injury. sometimes a claim adjuster will tell you anything because they no you don't no the laws and you don't have an attorney, my advise to you is to get an attorney.

An adjuster may well say that because they "know" you don't "know" the law. In the alternative, if they know that a judge has to find the settlement adequate, they will increase the offer in order to get the settlement approved.

[redsoxfan]

Today I received a letter from my employer stating that "they can not continue to maintain me on an indefinate leave of absence." "Therefore, we must formally terminate your employment effective immediately." Like I stated in an earlier post I have been out of work since 2009 and still being treated by Doctors and physical therapy. Can they legally terminate me while I am still on comp ? I have not reached MMI as of yet and have not been given a rating of my loss. (NYS here)

[1171]

yes.
if your employment is protected by the Family & Medical Leave ACT you get up to 12 weeks of job protection. if you are not, then only protection may be a collective bargaining agreement for those in a union.

[redsoxfan]

Went to see my surgeon and he advised me that I should not return to my line of work because of the heavy lifting. I am still having alot of issues after the surgery so I can not return to work at this time anyway. Also saw my IME on Friday and told him what my doctor had said and he agreed a 100%. IME told me to talk to my doctor about job training to find something else once I am able to return to a job. I traveled to work in other states doing construction and making prevailing wage. (75 to $80,000 a yr) Where I live the average wage is $30-35,000 a year. My question is will they train me for a comparable salary job ? And if I still can't sit for long periods of time will I have to return to traveling for a job ? (was traveling anywhere from 3 to5 hrs to these jobs) Any help will be appreciated ! NYS here

[1171]

Not likely.
they will balance the labor market, your experience/skills, medical limitations, and time frames to find the most productive situation.
replacing the same or higher wage rate is not the highest criteria for determining the best Voc Rehab. plan
http://www.wcb.ny.gov/content/main/Workers/rehab.jsp