In New York, workers’ compensation generally replaces part of a worker’s lost wages after a job-related injury or illness, while also covering necessary medical care. The amount depends on the worker’s average weekly wage, the level of disability, and the maximum benefit rate in effect on the injury date. For many eligible workers with a temporary total disability, the basic calculation is two-thirds of the average weekly wage, subject to legal limits. That formula is only a starting point: partial disability, return-to-work earnings, permanent impairment, and disputed claims can change how much is paid.
How New York Workers’ Comp Calculates Weekly Benefits
For most wage-loss benefits, New York uses a formula that combines the worker’s average weekly wage (AWW) before the injury with a percentage representing the degree of disability. In simplified terms, the weekly benefit is generally two-thirds of the AWW multiplied by the disability percentage, subject to the applicable minimum and maximum rates.
For example, if a worker’s AWW is $900 and the worker is temporarily totally disabled, two-thirds of $900 is $600 per week. If the worker is found to have a 50% temporary disability, the simplified calculation would be $300 per week. Actual awards can differ because the Workers’ Compensation Board determines the wage figure and disability level, and particular benefit rules apply to different kinds of claims.
The maximum and minimum weekly rates depend on the date of injury. New York updates the maximum each July 1 using the statewide average weekly wage. For injuries from July 1, 2026, through June 30, 2026, the maximum weekly benefit is $1,222.42. The general minimum is $150 per week, although special circumstances and the worker’s actual earnings can affect the amount payable. A rate for one accident date should not be assumed to apply to another.
The state’s Workers’ Compensation Board publishes benefit information and claim resources. Its current rate information is useful for checking the limit that applies to a particular injury date.
What Counts as Average Weekly Wage?
The AWW is intended to reflect what the worker earned before the injury, not necessarily the amount shown on one recent paycheck. The Board may review payroll records and the worker’s employment history. The calculation can account for regular wages and, depending on the circumstances, items such as overtime, bonuses, or other forms of compensation.
How long the worker had been employed can matter. A worker with a full year of earnings may have a different wage calculation from someone who started shortly before the accident. The law also provides methods for certain workers with seasonal, irregular, or part-time employment. Disagreements about whether particular earnings should count can affect the weekly rate substantially.
Workers can help verify the calculation by keeping pay stubs, tax documents, schedules, and records of overtime or commissions. If the employer’s wage information appears incomplete, the worker can raise the issue in the claim and provide supporting documentation to the Board.
Temporary Total Disability Benefits
Temporary total disability generally means the worker is temporarily unable to work because of the injury. When the claim is accepted and the medical evidence supports that level of disability, the weekly benefit is generally two-thirds of the AWW, subject to the maximum and minimum rates. “Total” describes the worker’s current ability to work; it does not necessarily mean the injury is permanent.
Payments may not begin immediately. New York has a statutory waiting period, generally seven calendar days of disability. If the disability lasts more than 14 days, compensation is generally payable for the initial waiting period as well. Benefit timing can also depend on when the employer or insurer receives notice and medical information, and whether the claim or degree of disability is disputed.
Temporary Partial Disability and Reduced Earnings
A worker who can perform some work but earns less because of the injury may qualify for temporary partial disability benefits. The payment is generally based on the difference between the worker’s AWW before the injury and current earnings, with the benefit calculated under the statutory formula and limited by the applicable maximum. The Board’s finding about disability and earning capacity matters; a reduction in hours or wages does not automatically establish the benefit amount.
Example: If a worker’s pre-injury AWW was $900 and the worker earns $450 per week in suitable restricted work, the wage difference is $450. Two-thirds of that difference is $300 before any applicable limits or other adjustments. This illustration is not a guarantee of a specific award: the worker’s actual wages, medical restrictions, and legal classification all matter.
Workers who return to work should report earnings accurately and follow medical restrictions. A change in work duties or pay may affect benefits, and failing to report earnings can lead to overpayments or other claim problems.
Permanent Disability Benefits
When an injury has stabilized but leaves lasting effects, the claim may involve permanent disability benefits. New York distinguishes between scheduled loss of use (SLU) awards for certain body parts and nonscheduled permanent partial disability involving broader limits on earning capacity. Permanent total disability is a separate classification. A doctor’s findings and the Board’s determination help establish which category applies.
Scheduled Loss of Use Awards
An SLU award may apply to permanent loss or loss of use of a scheduled body part, such as an arm, hand, leg, foot, or eye. The law assigns a maximum number of benefit weeks to each body part. The award is generally based on the worker’s compensation rate and the percentage loss of use, multiplied by the scheduled number of weeks. For example, a 25% loss of use does not mean the worker receives 25% of wages indefinitely; it affects the number of weeks paid under the schedule.
SLU benefits are typically paid as a defined award rather than ongoing wage replacement for a continuing loss of earning capacity. The Board’s medical review and the applicable schedule determine the percentage and duration. The outcome may also be affected by prior injuries or other legal factors.
Nonscheduled Permanent Partial Disability
A nonscheduled permanent partial disability generally involves a lasting effect on the worker’s ability to earn wages that is not resolved through an SLU schedule. Benefits depend on the Board’s assessment of loss of wage-earning capacity and the worker’s circumstances. New York law sets rules for benefit duration and weekly rates, and some cases may involve reduced earnings or labor-market attachment requirements.
These cases can be more complex than a straightforward temporary benefit calculation. Medical impairment, functional limits, work history, education, and the ability to obtain suitable work may all be relevant. The length of benefits is governed by statutory rules rather than by a single universal payment period.
Permanent Total Disability
A permanent total disability finding may permit continuing weekly benefits, generally calculated under the applicable wage formula and subject to the rate limits. It is reserved for cases in which the worker is permanently unable to earn wages under the legal standard. The Board decides classification based on the medical and vocational evidence; a serious diagnosis by itself does not automatically establish permanent total disability.
Medical Benefits and Other Covered Costs
Workers’ compensation is not limited to weekly cash payments. An accepted claim can cover necessary medical treatment related to the work injury or illness, including authorized care, prescriptions, and certain medical supplies. Treatment generally must comply with New York’s authorization and medical-provider rules. The insurer or employer may dispute whether a service is related, necessary, or properly authorized.
Medical benefits are distinct from wage-replacement benefits. A worker may receive covered treatment even when no weekly payment is due, and receiving weekly payments does not mean every proposed treatment is automatically approved. Keeping appointment records, bills, referrals, and written treatment recommendations can help resolve questions about care.
Depending on the claim and the Board’s rules, a worker may also seek reimbursement for reasonable travel expenses to medical appointments. The worker should keep receipts and mileage records and follow the Board’s current process for submitting expenses.
How New York Benefit Rates Can Change
New York’s maximum weekly benefit is tied to the statewide average weekly wage and changes annually on July 1. The injury date generally determines which maximum applies, so an annual increase does not necessarily raise the cap for an older injury. The same date-specific approach is important when checking other statutory limits.
For a quick reference, the following table shows the main factors affecting a weekly wage-loss payment:
| Factor | How It Affects Payment |
|---|---|
| Average weekly wage | Forms the wage base for the benefit calculation. |
| Disability percentage | Reduces the basic rate when the worker has partial rather than total disability. |
| Maximum weekly rate | Caps benefits and depends on the injury date. |
| Current earnings | May reduce or change partial-disability benefits after a return to work. |
| Benefit classification | Determines whether payments are temporary, scheduled, nonscheduled, or permanent total benefits. |
When Payments Start and How Long They Last
There is no single payment schedule for every case. Timing depends on the injury, claim reporting, medical evidence, insurer decisions, and whether the Board must resolve a dispute. Temporary benefits may continue while the worker is recovering, but they can change when the worker returns to work, reaches maximum medical improvement, or receives a different disability classification.
Different benefit types have different duration rules. Temporary benefits are tied to the period and level of disability. SLU awards are calculated using a statutory number of weeks. Nonscheduled permanent partial benefits are subject to statutory duration limits and other conditions. A permanent total disability award can continue under applicable rules. A worker should not assume that every case is paid for the same number of weeks.
Reasons a Workers’ Comp Payment May Be Lower Than Expected
- The AWW is too low: Payroll records may omit overtime, commissions, or other eligible earnings.
- The disability percentage is disputed: The insurer and treating provider may disagree about work capacity.
- The maximum rate applies: Two-thirds of a high wage can exceed the cap for the injury date.
- The worker has returned to paid work: Current earnings can affect partial-disability calculations.
- The claim is contested: Eligibility, medical causation, or treatment may be under review.
- The benefit type is misunderstood: A permanent award may follow a different formula from temporary weekly benefits.
A worker who believes a payment is incorrect can compare the insurer’s calculation with wage records, medical reports, and the rate for the injury date. The New York Workers’ Compensation Board provides a process for raising disputes, requesting hearings, and submitting evidence.
How to Check an Individual New York Workers’ Comp Estimate
- Confirm the date of injury and the maximum weekly rate that applies to that date.
- Review the AWW used in the claim and compare it with payroll and employment records.
- Identify the disability classification and percentage stated in the medical or Board records.
- For partial disability, account for current earnings and the insurer’s stated calculation.
- Check whether the payment is temporary wage replacement, an SLU award, or another type of benefit.
- Ask the Board or a qualified New York workers’ compensation professional about a disputed calculation.
The online New York Workers’ Compensation Board worker resources explain how claims are handled and how to contact the agency. Individual benefit amounts depend on the facts and the Board’s decisions, so general examples should be treated as estimates rather than legal determinations.