Understanding wage replacement rights after a job-related injury is essential for workers facing uncertainty during recovery. Queens workers’ compensation attorney Keetick L. Sanchez (https://accidentlawyer-queens.com/do-i-get-full-pay-if-injured-at-work/) is helping injured employees make sense of the complex system designed to provide financial support. For many, the main concern is whether full pay continues during the time away from work.
Injured workers may not receive their full paycheck while recovering. The New York workers’ compensation system provides partial wage replacement based on several factors. According to Keetick L. Sanchez, “Workers’ compensation should replace part of those lost wages, yet the exact amount depends on factors like your average weekly earnings, the seriousness of your condition, and how long you’re unable to work”. A Queens workers’ compensation attorney can assist with clarifying these benefits and securing proper payments.
The law in New York divides benefits into medical, cash, and supplemental categories. Queens workers’ compensation attorney Keetick L. Sanchez points to the cash component as especially important for maintaining financial stability. The standard formula is two-thirds of the average weekly wage (AWW), up to a set statewide maximum. For injuries occurring from July 1, 2025, through June 30, 2026, that cap is $1,222.42 per week.
Calculating AWW requires accurate records and knowledge of wage components. AWW includes more than base pay—it adds in overtime, nondiscretionary bonuses, and other earnings. A Queens workers’ compensation attorney like Keetick L. Sanchez can help gather documents, verify secondary income, and challenge insurance companies if the AWW is underestimated.
New York also recognizes concurrent employment. Many Queens residents hold multiple jobs, and an injury in one should not erase income from another. If both employers carry workers’ compensation insurance, total earnings from all jobs are combined to form the AWW. As noted in Section 14(6) of the New York Workers’ Compensation Law, injured workers can still receive benefits based on full pre-injury earnings, even if one position remains doable. A Queens workers’ compensation attorney can advocate for this combined calculation to ensure complete wage replacement coverage.
Workers are also subject to a seven-day waiting period before wage loss benefits begin. If the disability continues beyond 14 days, benefits apply retroactively from day one. Payments typically begin within 18 days of the incident or within 10 days of the employer being notified—whichever is later. Disputes may arise, delaying payments, but legal representation can help resolve these quickly. Queens workers’ compensation attorney Keetick L. Sanchez stresses the importance of timely action and proper documentation in these situations.
Limitations within the system prevent workers’ compensation from covering all losses. New York law limits the ability to sue employers for additional damages. Exceptions do exist, such as in cases involving third-party negligence. A consultation with a workers’ compensation attorney can determine if additional legal action is appropriate.
Employers have a set of responsibilities following a workplace injury. These include posting proper insurance notices, documenting injuries, reporting incidents within 10 days, and submitting wage histories to the Workers’ Compensation Board. Queens workers’ compensation attorney Keetick L. Sanchez emphasizes that employer noncompliance can delay payments and reduce the benefits available to injured employees.
When claims are denied, the appeal process provides a structured path to challenge the decision. The first step is a hearing with a Workers’ Compensation Law Judge. If denied at this level, an Application for Board Review must be filed within 30 days. A panel of three board members will then evaluate the case. A workers’ compensation attorney can help gather and present the required evidence to increase the chances of a favorable ruling.
The financial strain of a workplace injury does not have to be overwhelming. From submitting initial claims to navigating appeals, Keetick L. Sanchez offers legal support to injured workers seeking rightful compensation. The process involves technical calculations, deadlines, and regulations that are difficult to manage alone.
Legal guidance from a qualified attorney ensures correct calculation of lost wages, timely filing of paperwork, and fair treatment by insurers. Injured workers have the right to compensation, and support from a knowledgeable advocate can help secure those benefits during recovery.
About K L Sanchez Law Office, P.C.:
K L Sanchez Law Office, P.C. serves injured workers across New York City in workers’ compensation cases. Led by attorney Keetick L. Sanchez, the firm focuses on helping clients receive the compensation allowed by law for wage loss, medical treatment, and permanent disability after job-related injuries.
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