A case out of New York determined that payments made to participants in New York’s work experience program (WEP) are considered wages for the state’s workers’ compensation laws and should be used when computing average weekly wage benefits.

A man who received public assistance was assigned to work for Niagara County as part of a work experience program (WEP). He sustained an injury and filed for workers’ comp benefits. A Workers’ Compensation Law Judge established the claim for a work-related injury and found his average weekly wage to $124.62, keeping the claim open for further medical evidence regarding permanency and schedule loss of use. He did not return to work but did not receive lost wage benefits because he continued to receive public assistance.

In 2013 he sought to reopen his claim for lost wage benefits because his public assistance benefit had been suspended due to changes in his household. The Workers’ Compensation Board reviewed his case and found that his public assistance benefit payments made to him counted as wages under the Workers’ Compensation Law. The WCLJ also found that he had suffered a 7.5% schedule loss of use that entitled him to 18.3 weeks of benefits and awarded him $1,830. The County appealed, however the court said that since recipients of public assistance participate in a WEP to receive benefits without reduction, the public assistance they receive serves as compensation for the work they perform.

They also concluded that participants in a WEP are to be provided appropriate workers’ compensation or equivalent protections for injuries sustained on the job, as injuries that result in a disability may affect their ability to engage in employment after their public assistance benefits end and providing effective awards ensures that workers’ compensation acts as the exclusive remedy for injuries sustained in this program.

Read the court order here.