“Maximize your benefits” is a phrase every firm uses, but it rarely gets explained. In practice, the dollar value of a workers’ compensation claim isn’t one number handed down by the insurance carrier — it’s the product of several calculations and classifications, each of which can be argued, challenged, or corrected. That’s where an attorney’s involvement actually shows up in the amount you receive.
At The Law Offices of Frank J. Dito, Jr., here’s specifically where we focus to make sure a claim reflects its true value, not just the carrier’s first offer.
Call 718.701.2776 for a free review of your claim.
Getting Your Average Weekly Wage Calculated Correctly
Every weekly benefit check is based on your average weekly wage (AWW) — and this number is calculated wrong more often than most claimants realize. Overtime, a second job, and certain fringe benefits can all factor into a properly calculated AWW, but carriers don’t always include them without being asked to. Since every future payment is a percentage of this number, an error here compounds for the life of the claim. Reviewing and, when necessary, formally challenging the AWW calculation is one of the first things we do.
Pursuing the Right Disability Classification
Not every permanent injury is treated the same way under New York law, and which category yours falls into has a major effect on total value. A schedule loss of use (SLU) award applies to certain body parts (arms, legs, hands, eyes, and similar) with a fixed number of weeks of benefits tied to the percentage of function lost. Injuries that don’t fit the schedule — including most spine, brain, and psychological injuries — are evaluated instead as non-schedule permanent partial disability, where the award is tied to your loss of wage-earning capacity rather than a fixed schedule. Getting this classification right, and getting the percentage or capacity rating argued accurately, is one of the single biggest value drivers in a permanent injury claim.
Challenging a Low-Ball Independent Medical Exam
Insurance carriers frequently send claimants to an independent medical examination (IME) with a doctor who has a track record of minimizing disability findings. An IME report that understates your impairment directly reduces your award — unless it’s challenged with your own treating physician’s findings, additional medical evidence, or cross-examination at a hearing. Letting a skewed IME report stand unchallenged is one of the most common ways unrepresented claimants lose value in a claim.
Structuring a Section 32 Settlement Correctly
If your case moves toward a lump sum settlement, how that settlement is allocated matters as much as the total number. A full settlement needs to properly account for future medical costs (generally 15% of the net settlement, after deduction of any proactive Medicare Set-Aside amount) and, where applicable, Medicare Set-Aside requirements — getting this wrong can mean a settlement that looks large on paper but falls short of what you’ll actually need down the line. For a full breakdown of how Section 32 settlements work, see our guide to Section 32 lump sum settlements.
Identifying Compensation You Might Not Know to Ask For
Beyond wage replacement, a claim can include vocational rehabilitation benefits if you can’t return to your prior role, and in some cases a separate third-party personal injury claim if someone other than your employer — a contractor, property owner, or equipment manufacturer — contributed to your accident. These aren’t automatically flagged by the insurance carrier, since raising them works against the carrier’s interest, not yours.
Avoiding the Mistakes That Quietly Reduce a Claim’s Value
A few common missteps shrink a claim’s value before an attorney is ever involved: missing the 30-day window to notify your employer, gaps in medical treatment that carriers use to argue the injury wasn’t serious or wasn’t ongoing, and inconsistent statements about how the injury happened across different forms and providers. None of these are usually fatal to a claim, but each one gives the carrier an argument to pay less.
Frequently Asked Questions
How much more can an attorney actually get me?
It depends entirely on your specific case — your wage history, the nature of your injury, and whether any of the issues above apply. What we can tell you in a free consultation is whether we see obvious value being left on the table in your specific claim.
Does hiring an attorney change my medical treatment?
No — your medical treatment is directed by your treating providers, not your attorney. What an attorney affects is how your claim is valued, documented, and defended, not your care itself.
What if my average weekly wage was already calculated correctly?
Then that’s one less issue to address — but the other value drivers above (disability classification, IME challenges, settlement structuring) are worth reviewing independently, since AWW is only one of several factors.
Is it too late to challenge an old IME report or classification?
Often not. Depending on where your case stands, there may still be an opportunity to introduce additional medical evidence or request a hearing on a disputed rating. A free case review can tell you what’s still available in your specific claim.
Get a Free Review of Your Claim’s Value
If you’re not confident your claim is being valued correctly, it’s worth a second look before it’s finalized. Call The Law Offices of Frank J. Dito, Jr. at 718.701.2776 (toll-free: 800.310.5520) for a free consultation. We’re available 24/7, and you pay nothing unless we win your case.
