What Happens to Overtime Pay in a New York Worker’s Compensation Case?

If you usually work overtime and are injured on the job, you may be worried about your pay rate taking a sharp decline. After all, workers’ compensation only pays ⅔ of a weekly wage as it is.

Fortunately, overtime compensation is already baked into workers’ compensation.

When you are hurt on the job, one of your first steps will be to fill out and submit Form C-3, “Employee’s Claim for Compensation.” This form will ask you for your rate of pay. The Workers’ Compensation board will then investigate your pay rate for the past 52 weeks.

They will then take an AWW, average weekly wage, for that 52-week period. Overtime pay is always included. In fact, if you have multiple jobs and are out of work at both jobs, the second job’s income is also included. 

Unfortunately, working as hard as you possibly can pre-injury won’t always result in huge gains when you’re disabled. Workers’ compensation benefits are capped.As of this writing, they’re capped at $1,063.05 per week. You can look up the most recent rates here. 

No matter how you slice it, you don’t enjoy the same pay rate while you’re laid out that you would have enjoyed while working unless you have a separate, private insurance policy that can help you make up the difference. 

Getting injured on the job is not easy, and your injury may require you to make some adjustments. Severe injuries may require a little downsizing to survive. It’s not a fun reality, just a true one. 

Nevertheless, all of your work and wages are taken into account, giving you a fighting chance to restructure your life or to heal and get back to work. 

Hopefully, your employer will pay your benefits without quibbling, and you’ll be able to meet your bills and expenses until you can return to work. If you can’t return to work, it might be time to apply for SSDI, as workers’ compensation benefits will only pay you for 26 weeks. 

If something goes wrong, we’re here. We’ve been protecting the rights of injured workers for over 70 years, and we’re happy to help you, too.

If your employer’s workers’ compensation insurance company isn’t calculating your benefit correctly or has denied or delayed your benefits, call us for a free consultation. We’re ready and willing to help.

See also:

How Can I Plove my Injury Happened at My New York Workplace? 

Steps to Take After Getting Injured on the Job in New York 

How Credibility Impacts Your Workers’ Compensation Claim

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