Types of Workers’ Compensation Benefits
There are two types of workers’ compensation benefits: temporary and permanent.
Temporary disability is a wage replacement for injured people who cannot work for a limited period. Workers eligible for these benefits receive two-thirds of the worker’s average weekly wage up to a maximum amount determined by the state.
On the other hand, those who cannot return to work due to a permanent injury receive permanent disability benefits. Like temporary disability, permanent disability pays two-thirds of the worker’s average weekly wage. You may be eligible for permanent disability benefits if you have not made a full recovery from your work-related illness or injury once it has stabilized.
Talk to Shulman & Hill’s experienced workers’ compensation attorneys to learn more about your eligibility for temporary or permanent benefits.
The duration of workers’ compensation benefits depends on several variables, including the type of injury, whether the disability is temporary or permanent, and the loss of earning capacity. Generally speaking, the more severe and permanent your injury and loss of earning capacity, the longer you’ll receive benefits. You can also return to work while receiving workers’ compensation benefits and medical treatment, however, you might lose some of the benefits associated with your claim.
If you or a loved one has been injured at work in New York, Shulman & Hill’s compassionate, experienced, and skilled lawyers can help you get the compensation you deserve. We will determine what kind of compensation you can receive, the duration of your benefits, and more.I
Determining Duration of Your Compensation Benefits
How long can you be on workers’ comp, and how long does workers’ comp last in New York?
Benefits are payable for a maximum number of weeks once permanency has been assigned. The duration of an injured worker’s benefits is based on the worker’s loss of earning capacity. The New York Workers’ Compensation Law imposes caps on the duration of benefits under the below schedule based on loss of earning capacity. The higher your earning capacity loss, the longer you’ll receive benefits. Use this schedule to determine the timeline.
| Earning Capacity Loss | Duration of Benefits (in weeks) |
|---|---|
| Greater than 95% | 525 weeks |
| 90% – 95% | 500 weeks |
| 85% – 90% | 475 weeks |
| 80% – 85% | 450 weeks |
| 75% – 80% | 425 weeks |
| 70% – 75% | 400 weeks |
| 60% – 70% | 375 weeks |
| 50% – 60% | 350 weeks |
| 40% – 50% | 300 weeks |
| 30% – 40% | 275 weeks |
| 15% – 30% | 250 weeks |
| Less than 15% | 225 weeks |
Maximum Weekly Workers' Compensation Benefits
The amount of workers’ compensation benefits you receive is based on a maximum of two-thirds of your average weekly wage, which in turn is based on your earnings for the 52 weeks before your date of injury. However, the state has set a cap on the weekly benefit rate.
The maximum weekly benefit rate in New York is based on the New York State Average Weekly Wage for the previous calendar year, and it is adjusted on July 1 every year. The maximum rate an injured person receives depends on the injury date and does not increase when the maximum benefit cap is adjusted.
The weekly maximum total from July 1, 2023, to June 30, 2024, is $1,145.43. From July 1, 2024, to June 30, 2025, the weekly maximum total will be $1,171.46.
To illustrate how to calculate your average weekly wage and how maximum weekly workers’ compensation benefits work, suppose you are injured in May 2024, and you earned $35,000 for the last 52 weeks before your date of injury. During those 52 weeks, you were paid for 250 days of work.
If you worked five days per week, your average weekly wage would be $35,000 divided by the 250 days paid multiplied by 260 and divided by 52. Thus, the average weekly wage would be $700, and you would be entitled to wage replacement benefits of up to two-thirds of that amount, or $466.67, which falls under the weekly maximum total for May 2024. However, if your average weekly wage is $1,800, two-thirds of that is $1,200, and the highest rate you could receive is the weekly maximum for May 2024, which is $1,145.43.
The rate of wage replacement benefits awarded for causally related lost time from work is also determined by your degree of disability. The percentage or degree of disability you are found to have medically is reflected by the rate of your awards, as a percentage of the maximum rate. For example, if you average weekly wage is found to be $1,500 for the 52 weeks prior to your injury, then your maximum rate of benefits is two thirds of that, or $1,000 per week if you are found to be 100% totally disabled from working. However, if you are found to have a 50% disability then you would be entitled to $500 per week, and $250 per week for a 25% disability, etc.
What Is the Deadline for Filing a Workers' Compensation Claim?
There are two important deadlines and Statutes of Limitations that pertain to successfully making a Workers’ Compensation claim. Firstly, employees must notify their employer within 30 days from the date of accident of their workplace illness or injury. While written notice is not required, it is recommended that you do so in writing, so the notice is documented, via email, an incident report, or otherwise.
The second important deadline is that workers have two years from the date of the accident date to file a workers’ compensation claim with the New York State Workers’ Compensation Board. For conditions or injuries that develop over time, the clock starts ticking when the worker becomes aware or should have reasonably become aware of the illness or injury.
These deadlines will fly by quickly, especially while you’re dealing with the recovery from your injuries or illnesses. If you miss the deadlines, you may lose the opportunity to receive compensation for your illness or injury.
Speak with a trusted workers’ compensation attorney to learn more about receiving workers’ compensation benefits.
Engage Experienced Workers’ Compensation Attorneys In New York
No one wants to get hurt at work and workers’ compensation law can be challenging to understand. As such, you should work with a trusted lawyer who can walk you through New York’s workers’ compensation law. The right attorney has years of specialized experience and can help you file a claim that gives you the maximum financial assistance you and your family need as you recover from your injury., and the necessary financial treatment you deserve. They can also answer your questions, such as the impact of your immigration status on workers’ compensation and other topics.
Shulman & Hill’s experienced workers’ compensation lawyers have helped thousands of New Yorkers recover more than $500 million in compensation. Call our compassionate and tenacious lawyers today at 866-311-5673 or complete our online form to book a free case consultation.
