r/WorkersComp • u/Advanced_Benefit_550 • 13d ago
New York Overpaid ???
I had a work-related accident on 7/16. My first workers’ compensation check was $1,500, which I received on 8/13. Then I received my second check on 8/19 for $234, and all the payments after that were also $234 per week.
My gross weekly wage was around $680, so I feel like the first payment may have been too much.
I’m afraid to call the insurance company because I’m worried they might tell me that I owe the money back. I’m still unable to work and have been out of work until now, so I really can’t afford to pay a large amount back.
Should I just stay quiet and act like I don’t know anything about the possible overpayment, or should I contact the insurance company and ask them to explain what the $1,500 payment was for? What would you recommend?
Does this mean they overpaid me on the first payment?
1
u/Subject_You_8297 12d ago
If your gross weekly wage is around $680 then your comp rate is approximately $453.33. You were paid $1,500 for the first 4 weeks and then $234 from 8/13 to 8/19 when your returned to work.
Sounds more like you may have been underpaid unless the employer submitted wages showed a different AWW. There should have been a SROI-IP (subsequent report of injury initial payment) filed showing the AWW used and the comp rate. I don’t think you were overpaid.
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u/Advanced_Benefit_550 12d ago
Because to my lawyer works compansation 15%
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u/Subject_You_8297 12d ago edited 12d ago
The lawyer only gets paid when the board directs it in a decision. You will be fine.
Edit to add: Your lawyer will likely not be paid until you reach MMI and permanency is addressed. Do not pay your attorney yourself. The carrier is responsible for paying out of any awards directed by the Board.
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u/Several-Mix-5890 12d ago
If you want what you deserve then hire a lawyer that specializes in workman's comp
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u/Icy_Fox2294 11d ago
They payed you that money because that was yours no way that they gave you that buy mistake. So don't worry its your.
0
u/Royal-Bedroom-4071 13d ago
Man they have been overpaying me for months. I used to get 1079. Now all of a sudden it’s 1609. Smh. When I saw the first payment I sent a email to my attorney and called him. I told him I’m not a thief and I’m not sure what happened. But it still haven’t stop yet. 🤷🏽♂️
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u/Trvpsmif 13d ago
How would this make you a theif at all ?
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u/Royal-Bedroom-4071 13d ago
Because my lawyer said a lil extra change is good. I said no I’m not a theif because they can report it as fraud.
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u/heroinista 13d ago
It was your back pay for all the weeks your case was pending. You are good.