New York Workers' Compensation is an intricate area of law that is often subject to a number of misconceptions. This site is intended to help readers seeking clarification on the topic of NY Workers' Comp. Whether you are an injured worker lost amidst the complexities of Workers' Comp, a doctor who is not sure how to properly handle a Workers' Comp patient's file, or simply a curious New Yorker who worries about what would happen if you were ever injured on the job, I hope that the content of this site will deliver the answers you seek, even to questions you didn't know to ask.

It is my pleasure to welcome you into the world of New York Workers' Compensation. I hope you enjoy your visit, spread the word, and come back soon.

Best regards,

Camila P. Medici, Esq.

Thursday, October 28, 2010

My Employer is Using My Sick/Vacation Time and Paying Me Wages While I Am Out of Work. Will I Be Able to Get My Sick/Vacation Time Back? What Will Happen When I Run Out of Sick/Vacation Days?

If your employer is paying you wages while you are out of work due to your disability, your employer is entitled to file a reimbursement request with the insurance company.  The important thing to know here is that your employer is only going to be entitled to receive the amount that you would be receiving under workers’ compensation had you been receiving compensation instead of your wages.  That amount will not be the same as your wages.  The amount you are entitled to receive in compensation benefits is determined according to your average weekly wage and your degree of disability, and it is capped at a statutory maximum existent on your date of accident.  This means that your employer will likely return to you some – but not all – of your sick/vacation days (the amount of days equivalent to the amount your employer will be receiving). 

If you run out of sick/vacation days and are still out of work, you will be entitled to workers' compensation wage benefits in the amount equivalent to your disability level according to your AWW and limited to the statutory maximum for your date of accident.

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