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Workers' Compensation Law

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When Will My Benefits Begin And How Much Will They Be?

While temporarily unable to perform any work, an employee is entitled to 2/3 their gross average weekly wage up to a set maximum weekly limit. There must be seven days of disability before benefits are payable. If disabled for more than three weeks, the employee receives payment for the first seven days. Benefits cannot exceed 500 weeks unless the person is totally and permanently disabled.

A person receiving temporary total, permanent total or death benefits is entitled to cost of living increases effective October 1 of each year if the date of the accident is prior to July 1 of that year and if the combination of compensation and Social Security benefits are less than 80% of the pre­injury earnings. The employee must specifically request cost of living increases.

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