A: No. Please remember that the object of bringing
back an injured worker on light duty is hopefully to ease them
back into the routine of work when they cannot immediately
resume full duty. If you bring the injured worker back at light
duty and that individual works a full day, in order not to
create a claim for reduced earnings, the same wages earned prior
to the injury should be paid. This would be suggested in those
cases where light duty is required for a short duration.
A: No. In New York State benefits are not payable for
lost time due to appointments with doctors, therapists or
hearings. Employees should be encouraged to arrange appointments
towards the end of the workday so that they don't lose time from
work and you don't lose work hours.
A: Yes. The C-11 (Notice of Return-to-Work) is used to
report a return to work for an injured worker when the return
date is not known at the time of completion of the C-2. A C-11
also reports any additional lost time the injured worker may
have from that same injury subsequent to the original return to
work date. In addition, the C-11 also reports changes in
employment status due to the injury, such as light duty,
part-time or a change in wages.
A: The average weekly wage (AWW) is determined by the
C-240 (Wage Statement) that you complete. There are a couple of
ways to compute the AWW, depending on the number of days worked
for a year for each individual, a straight divisor (number of
weeks worked), or a multiple (200, 260 or 300). The
maximum compensation benefit rate is 66 2/3 of the AWW subject
to the following dates:
$600 for accidents or deaths on and after 7/1/2009
$739.83 for accidents or deaths on and after 7/1/2010
Two-thirds of the New York State AWW for accidents or deaths on
and after 7/1/2010, reindexed to the New York State AWW annually
on 7/1/XXXX thereafter.
A: Two-fold. First, to make sure the services provided
are causally related to the work injury and second, many times
providers bill at the commercial rates and charges should be
adjusted to the Workers' Compensation Fee Schedule rates.
A: It is an incident that arises out of and in the
course of employment. It could also include repetitive type
injuries, something that happened over a period of time.
Situations that arise as a direct result of horseplay or
disciplinary problems generally are not considered "out of
employment" if the employees are warned to cease activities and
the employer does not permit these actions (employer here also
means foreman, supervisor, etc). If the activities are allowed
to continue with no reprimands or warnings from you the
employer, they can be found to be work related.
W. J. Cox Associates, Inc.
9600 Main St,
Suite Three
Clarence, NY 14031-2093
