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Tag: Can You Still Get Workers’ Compensation Benefits if You Go Back to Work?

Can You Still Get Workers’ Compensation Benefits if You Go Back to Work?

You were hurt on the job and out of work for a while. You’ve been able to find a job that your injuries allow you to perform, but it pays less than your prior position paid. Can you take the job at a lower wage and still get benefits under a workers’ compensation claim? The answer is yes.

Under the New York workers’ compensation laws, you can make a claim for what is known as a “reduction in earnings,” also known as a “reduced earnings award.” The law allows you to recover up to 2/3rds of your average weekly wage, up to the statutory maximum. So, for example, if you were making $600 a week before your injury, you are entitled to $400 per week. If your new job only pays you $300 per week, you can file a claim for an additional $100 per week.

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