How Much Does Workers’ Comp Pay in New York? Benefit Rates and Rules
Meta description: Learn how much workers’ compensation pays in New York, how weekly benefits are calculated, current maximum rates, and what affects payment amounts.
In New York, workers’ compensation generally replaces part of an injured employee’s lost wages rather than paying a full paycheck. For many workers, the weekly benefit is calculated as two-thirds of the average weekly wage multiplied by the degree of disability, subject to state minimums and maximums. The actual amount depends on earnings, the medical assessment of disability, the injury date, and whether the worker can return to some form of employment.
How Much Does Workers’ Comp Pay in New York?
For a worker who cannot work temporarily, the basic formula is two-thirds of the average weekly wage multiplied by the percentage of disability. The resulting payment cannot exceed the maximum weekly benefit that applies to the injury date. A statutory minimum may apply when the calculated amount is low.
For example, if a worker’s average weekly wage is $900 and the worker is found to have a 100% temporary disability, the basic calculation is $600 per week. If the worker is assessed as 50% disabled, the corresponding calculation is $300 per week, before considering applicable limits or other facts.
This is a general explanation, not a guaranteed award. The New York Workers’ Compensation Board determines or approves benefits based on the evidence in the claim, including wage records, medical reports, and the worker’s ability to earn wages.
New York Workers’ Comp Maximum and Minimum Rates
New York sets a maximum weekly benefit that changes annually. For injuries or illnesses occurring from July 1, 2026, through June 30, 2026, the maximum weekly benefit is $1,171.46. A different maximum may apply to an injury that happened before that period, so the date of injury matters.
The minimum weekly benefit is generally $150 for injuries occurring on or after May 1, 2013. Special rules and facts can affect how a benefit is calculated, and a minimum does not mean every claimant automatically receives $150. The worker must still qualify for benefits, and the Board’s determination controls.
These limits apply to wage-replacement benefits, not necessarily to the value of medical care. Workers’ compensation may also cover authorized medical treatment related to the work injury, even when weekly cash benefits are limited or unavailable.
| Item | General New York rule |
|---|---|
| Basic wage-replacement formula | Two-thirds of average weekly wage multiplied by degree of disability |
| Maximum rate for July 1, 2026–June 30, 2026 injuries | $1,171.46 per week |
| General minimum for injuries on or after May 1, 2013 | $150 per week |
| Waiting period | First seven days are generally not paid unless disability lasts more than 14 days |
Because rates are tied to the injury date and state calculations, workers should verify the applicable rate with the [New York State Workers’ Compensation Board](https://www.wcb.ny.gov/content/main/Workers/WhatIsComp.jsp).
How New York Calculates Average Weekly Wage
The average weekly wage, often abbreviated AWW, is based on the worker’s earnings before the injury. The Board uses payroll information and applicable statutory methods to estimate what the worker would have earned in a typical week. Depending on the work history and job arrangement, the calculation may consider earnings over a period before the accident rather than relying on one recent paycheck.
Items such as overtime, bonuses, seasonal work, and irregular schedules can complicate the calculation. The relevant records may include pay stubs, employer wage statements, tax documents, and details about the worker’s usual schedule. If the employer’s wage report appears incomplete or inaccurate, the worker can raise the issue in the claim.
For workers who held more than one job, earnings from concurrent employment may sometimes be considered under New York rules. The worker should provide information about all relevant jobs and earnings rather than assuming the main employer’s wages are the only wages that count.
How Disability Percentage Affects Weekly Payments
The degree of disability is a medical and legal assessment of how much the work injury limits the worker’s ability to work. It is not necessarily the same as a percentage of permanent impairment or a doctor’s description of an injury. A medical provider’s reports help establish disability, while the Board considers the evidence and the applicable benefit category.
Temporary total disability
A temporary total disability generally means the worker is temporarily unable to work because of the injury. If the worker qualifies, the calculation usually uses two-thirds of the average weekly wage, up to the applicable maximum. “Total” refers to work capacity during the temporary period; it does not by itself mean the worker is permanently unable to work.
Temporary partial disability
A temporary partial disability means the worker can perform some work but has reduced capacity or earnings. Benefits generally reflect the loss of wage-earning ability, subject to the relevant disability finding and statutory cap. A worker who returns to light duty or part-time work may still qualify for partial benefits, but should report earnings accurately and follow the Board’s process.
Permanent disability
When a condition is considered permanent, New York applies different rules depending on the type of injury and the worker’s remaining ability to earn wages. Some permanent partial disabilities are classified as scheduled losses, such as certain losses involving an arm, hand, leg, foot, or eyesight. Other cases may involve a non-schedule classification and an assessment of ongoing wage-earning capacity.
Permanent awards are not always a simple weekly payment using the same formula as temporary benefits. The classification, medical findings, prior payments, and statutory limits can affect the amount and duration. A settlement, if one is proposed, may also change how future benefits are paid and should be reviewed carefully.
When Workers’ Comp Payments Begin
New York generally has a seven-day waiting period before wage-loss benefits are payable. If the disability continues for more than 14 days, benefits are generally paid for the first seven days as well. The waiting period concerns cash wage-replacement benefits; it does not mean that an injured worker should wait to report an injury or seek appropriate medical care.
Payments may not arrive immediately after an accident. The employer and insurance carrier need information about the injury, work status, wages, and medical condition, and the claim may require a Board decision. Delays can result from missing forms, disputed facts, incomplete medical documentation, or disagreement about the degree of disability.
Workers should report the injury to the employer promptly and meet New York’s written notice requirements. They should also keep copies of medical reports, work-status notes, wage records, and correspondence. The Board’s [claimant information page](https://www.wcb.ny.gov/content/main/Workers/Workers.jsp) explains the claims process and available resources.
What Workers’ Compensation May Cover Besides Lost Wages
Workers’ compensation is not limited to weekly checks. In an accepted claim, the insurer generally pays for medical care that is authorized and related to the work injury, subject to New York’s rules. This can include evaluation, treatment, prescriptions, and other approved services. A worker should confirm that a provider is authorized to treat workers’ compensation patients and follow any required treatment procedures.
Depending on the circumstances, a claim may also involve reimbursement for eligible travel to medical appointments, vocational rehabilitation, or benefits for permanent impairment. These payments are separate from ordinary weekly wage replacement and may have their own documentation requirements.
Factors That Can Change the Amount
- Date of injury: The maximum benefit rate depends on the period in which the injury or occupational illness occurred.
- Average weekly wage: Incomplete or unusual wage records can affect the base calculation.
- Degree of disability: A finding of partial rather than total disability can reduce weekly cash benefits.
- Return to work: New earnings and work capacity may affect partial benefits.
- Other benefits or legal issues: Social Security disability, unemployment benefits, retirement, or a third-party claim may raise coordination or offset questions in some cases.
- Claim status: A disputed or unaccepted claim may delay payment while the insurer or Board reviews the evidence.
Workers should not assume that accepting a job or receiving another type of benefit automatically ends a workers’ compensation claim. They should disclose changes and ask the Board, insurer, or a qualified representative how those changes apply to their case.
Example: Estimating a Weekly Benefit
Suppose a worker had an average weekly wage of $1,200 and was found temporarily totally disabled after an injury occurring during the 2026–26 rate period. Two-thirds of $1,200 is $800. Because $800 is below the $1,171.46 maximum for that period, the basic estimated weekly benefit would be $800, subject to the Board’s findings and any relevant case-specific rules.
If the same worker were assessed as 50% disabled, a simplified estimate would be $400 per week: two-thirds of $1,200, multiplied by 50%. This example illustrates the formula only. It does not establish a claimant’s entitlement or account for every partial-disability calculation.
What to Do if a Payment Seems Too Low
A worker who believes a benefit is incorrect can compare the payment with the wage records and medical evidence used in the claim. Useful steps include checking that the employer reported all relevant earnings, confirming the injury date and applicable maximum, and reviewing the medical reports describing work restrictions.
The worker can contact the insurance carrier or the New York Workers’ Compensation Board to ask how the rate was calculated. If the issue is not resolved, the worker may request Board review or a hearing through the appropriate process. The Board provides free claim information and assistance; workers may also consult an attorney or licensed representative familiar with New York workers’ compensation.
Official New York Workers’ Compensation Resources
The most reliable source for an individual claim is the New York State Workers’ Compensation Board. Its [benefit information](https://www.wcb.ny.gov/content/main/Workers/WhatIsComp.jsp), [injured worker resources](https://www.wcb.ny.gov/content/main/Workers/Workers.jsp), and [weekly maximum rate information](https://www.wcb.ny.gov/content/main/Workers/Workers.jsp) explain state rules and claim procedures. Benefit rates and legal requirements can change, so workers should check the Board’s current information rather than relying on an older estimate.