2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 9 - (200 - 242) DISABILITY BENEFITS
204 - Disability during employment.


NY Work Comp L § 204 (2012) What's This?
 
    §  204.  Disability during employment. 1. Disability benefits shall be
  payable to an eligible employee for disabilities commencing  after  June
  thirtieth, nineteen hundred fifty, beginning with the eighth consecutive
  day  of  disability and thereafter during the continuance of disability,
  subject to the  limitations  as  to  maximum  and  minimum  amounts  and
  duration  and  other  conditions  and limitations in this section and in
  sections two hundred five and two hundred  six.  Successive  periods  of
  disability  caused  by  the  same or related injury or sickness shall be
  deemed a single period of disability only  if  separated  by  less  than
  three months.
    2.  The  weekly  benefit  which  the  disabled employee is entitled to
  receive for disability  commencing  on  or  after  May  first,  nineteen
  hundred eighty-nine shall be one-half of the employee's weekly wage, but
  in no case shall such benefit exceed one hundred seventy dollars; except
  that  if the employee's average weekly wage is less than twenty dollars,
  the benefit shall be such average weekly wage. The weekly benefit  which
  the  disabled  employee is entitled to receive for disability commencing
  on or after July first, nineteen hundred eighty-four shall  be  one-half
  of  the employee's weekly wage, but in no case shall such benefit exceed
  one hundred forty-five dollars; except that if  the  employee's  average
  weekly  wage  is  less  than  twenty  dollars, the benefit shall be such
  average weekly wage. The weekly benefit which the disabled  employee  is
  entitled  to  receive  for disability commencing on or after July first,
  nineteen hundred eighty-three and prior to July first, nineteen  hundred
  eighty-four shall be one-half of the employee's average weekly wage, but
  in no case shall such benefit exceed one hundred thirty-five dollars nor
  be  less  than  twenty  dollars;  except  that if the employee's average
  weekly wage is less than  twenty  dollars  the  benefit  shall  be  such
  average  weekly  wage. The weekly benefit which the disabled employee is
  entitled to receive for disability commencing on or  after  July  first,
  nineteen hundred seventy-four, and prior to July first, nineteen hundred
  eighty-three,  shall  be one-half of the employee's average weekly wage,
  but in no case shall such benefit exceed ninety-five dollars nor be less
  than twenty dollars; except that if the employee's average  weekly  wage
  is  less  than  twenty dollars, the benefit shall be such average weekly
  wage. The weekly benefit which the  disabled  employee  is  entitled  to
  receive  for  disability  commencing  on  or  after July first, nineteen
  hundred seventy and prior to July first, nineteen  hundred  seventy-four
  shall  be one-half of the employee's average weekly wage, but in no case
  shall such benefit exceed seventy-five dollars nor be less  than  twenty
  dollars;  except that if the employee's average weekly wage is less than
  twenty dollars the benefit shall be such average weekly wage.   For  any
  period  of  disability less than a full week, the benefits payable shall
  be calculated by dividing the  weekly  benefit  by  the  number  of  the
  employee's normal work days per week and multiplying the quotient by the
  number  of  normal  work  days  in such period of disability. The weekly
  benefit for  a  disabled  employee  who  is  concurrently  eligible  for
  benefits  in  the  employment  of  more than one covered employer shall,
  within the maximum and minimum herein provided, be one-half of the total
  of the employee's average weekly wages received from  all  such  covered
  employers,  and shall be allocated in the proportion of their respective
  average weekly wage payments.

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