How Much Workers' Comp Pays in New York

The weekly benefit is two-thirds of the worker's average weekly wage for the prior year, multiplied by the degree of disability shown in the medical evidence (for example, total 100%, marked 75%, moderate 50%, mild 25%). A worker who returns to work at lower pay may receive two-thirds of the difference between current and pre-injury wages. If wages are below the minimum benefit, the worker receives full wages.

For injuries from July 1, 2026 through June 30, 2027, the maximum weekly benefit is $1,281.50 and the minimum is $384.45 (or the worker's actual wages, if less). For injuries from July 1, 2025 through June 30, 2026, the maximum was $1,222.42 (minimum $325 for injuries in 2025). The maximum is two-thirds of the prior year's New York State Average Weekly Wage and is adjusted each July 1; the rate is fixed by the date of injury.

Temporary total disability and permanent total disability benefits are paid for as long as the total disability continues (temporary benefits subject to other provisions of the law). For a permanent partial disability that is not a schedule loss (for example, back injuries), benefits for accidents on or after March 13, 2007 are capped at a maximum number of weeks based on the worker's loss of wage-earning capacity, ranging from 225 weeks (loss of 15% or less) to 525 weeks (loss greater than 95%); for accidents before March 13, 2007, they are payable as long as the partial disability exists and causes wage loss. A schedule loss of use award (for example, an arm, leg, hand or eye) is limited to a number of weeks set by law for the body part and severity, minus temporary benefits already paid.

Lost wage benefits are not paid for the first seven days of disability unless the disability lasts more than 14 days; after 14 days, benefits are paid from the first day the worker was unable to work. Medical care is provided regardless of how long the disability lasts. If the claim is accepted, payments should begin within 18 days of the injury or within 10 days after the employer learned of it, whichever is later.

A Schedule Loss of Use (SLU) award is an additional payment for permanent loss of use of listed body parts, limited to a number of weeks set by law based on the body part and severity, minus temporary benefits already paid. Permanent injuries to body parts or conditions not on the schedule (non-schedule) are paid based on loss of wage-earning capacity; for accidents on or after March 13, 2007, payments are capped at a number of weeks tied to that loss (for example, 525 weeks for a loss greater than 95%). Permanent facial, head or neck disfigurement may qualify for an award of up to $20,000.