light duty / AWW question

[tourdaddy]

I work in New York and have just been released back to light duty. However I will not be able to work any overtime and that means I wont be making what my AWW is which is 635.00 a week. I will only be able to make about 400.00 a week on light duty, what do I need to do to get the IC to pay the difference of my AWW?

[1171]

have your employer contact the carrier and confirm the wage difference.

[punk]

I agree. That should be the end of it and things should be taken care of. In the event your employer doesn't readily hand over that information to your WC carrier then you may have to ask that it be done. Also, informing your adjuster that this is the situation could possibly trigger them to call the employer to follow up and see what's going on!
Good luck!

[tourdaddy]

punk Wrote:I agree. That should be the end of it and things should be taken care of. In the event your employer doesn't readily hand over that information to your WC carrier then you may have to ask that it be done. Also, informing your adjuster that this is the situation could possibly trigger them to call the employer to follow up and see what's going on!
Good luck!

is that good or bad that the carrier contact the employer?

[punk]

To me, it's a good thing. It proves to the employer that the IC that THEY hired is doing their job and the lines of communication are open. Now, there might be others that disagree. But I know that my WC IC adjuster was in constant communication with my employer, as well as my NCM. If my employer was late in calling them then they made the call to get the information themselves. It proved to be a good thing. Especially with the pay issue. Because with the open communication my pay was always right and it was on time. I was a lucky one in that my pay was never disputed, nor was my injury.
Good luck!

[rholmes]

tourdaddy Wrote:I work in New York and have just been released back to light duty. However I will not be able to work any overtime and that means I wont be making what my AWW is which is 635.00 a week. I will only be able to make about 400.00 a week on light duty, what do I need to do to get the IC to pay the difference of my AWW?

Hi Tour,

Ok I don't want to be the bearer of bad news and I do live in cali so things may be different in NY. I think that every state has a Max you can get while injuried even when doing light duty. At my job they use to try to pay us about half our regular pay to do light duty. One guy found out from State Disability that we were entitled to our full rate of pay but no over time. So they had to change and pay us our full hourly wage. So my point is if your AWW was 635.00 and the Max for workers comp in NY is $400.00 that may be all you are entitled to. But make sure you contact w/c or your attorney I just may well be wrong

good luck

RH

[kate]

The maximum in NY for accidents prior to 7/1/2007 is $400. However, in most states, if you are working light duty, you get a percent of the difference between pre-injury and post-injury wages. I believe in NY it's 66 2/3%. So $635 - $400 = $235, $235 x 662/3% = $156.68

However, some states do not include overtime in their calculation of AWW. In NY I believe they do if its for an extended period of time, meaning you don't just get overtime once in a while.

You can either contact your adjuster or have your employer contact him/her.