How long does workers’ compensation last in New York? The answer is, it depends. For example, the type of injury, whether you are able to return to work, the severity of your injury, and various other factors are all considered with regard to the duration of your benefits. For serious injuries, you may be able to receive benefits for the rest of your life, or if your condition improves after medical treatment, you may be able to return to work while receiving workers’ comp benefits for your reduced earnings, or depending on the nature of your injury you may be entitled to a lump sum award.
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.
Types of Workers’ Compensation Benefits
Wage replacement benefits are available for people who are disabled form working as a result of their work-related injuries. Workers eligible for these benefits receive up to two-thirds of the worker’s average weekly wage up to a maximum amount determined by the state, depending on how disabled they are found to be.
Talk to Shulman & Hill’s experienced workers’ compensation attorneys to learn more about your eligibility for temporary or permanent benefits.
Determining Duration of Your Compensation Benefits
How long can you be on workers’ comp, and how long does workers’ comp last in New York?
Once a judge or the Board finds that you have reached maximum medical improvement, and no longer need active medical treatment, a permanency determination will be made based on the permanent impairments you are found to have. If you remain out of work and are awarded lost time benefits, vocational factors will be considered as well. Wage replacement benefits for lost time from work 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. New York’s workers’ compensation laws impose caps on the duration of benefits under the below schedule based on loss of earning capacity. The greater your earning capacity loss, the longer you’ll receive benefits. You can use this schedule to determine the timeline:
| Earning Capacity Loss | Duration of Benefits (in weeks) |
|---|---|
| Greater than 95% | 525 weeks |
| 91% – 95% | 500 weeks |
| 86% – 90% | 475 weeks |
| 81% – 85% | 450 weeks |
| 76% – 80% | 425 weeks |
| 71% – 75% | 400 weeks |
| 61% – 70% | 375 weeks |
| 51% – 60% | 350 weeks |
| 41% – 50% | 300 weeks |
| 31% – 40% | 275 weeks |
| 16% – 30% | 250 weeks |
| Less than 15% | 225 weeks |
Maximum Weekly Workers' Compensation Benefits
Your workers’ compensation benefits are based on your average weekly wage, or AWW. Calculating your AWW isn’t difficult, but it does involve a few steps:
- Determine your gross pay for the 52 weeks before the accident and the number of days you worked. Include your overtime.
- If you typically worked seasonally or four days a week, divide your gross pay by the days worked, multiply that number by 200, and divide by 52.
- If you typically worked five days a week, divide your gross pay by the number of days worked, multiply that number by 260, and divide by 52.
- If you typically worked six days a week, divide your gross pay by the number of days worked, multiply that number by 300, and divide by 52.
The actual benefits you can receive are capped at two-thirds of your weekly wage up to a state mandated maximum of $1,171.46 for injuries from July 1, 2024, to June 30, 2025, and $1,222.42 for injuries from July 1, 2025, to June 30, 2026, as well as other amounts for prior years.
Your benefits are also determined by your level of disability. If your disability is found to be 50 percent, you can only receive half of the two thirds of your AWW, up the state maximum.
Examples and Limitations
Let’s say you work five days a week and have $40,000 in gross earnings and 250 days worked in the 52 weeks before the accident. Divide $40,000 by 250 to get 160. 160 multiplied by 260 is $41,600 and $41,600 divided by 52 is $800.
Your average weekly wage is then determined to be $800 per week. The maximum amount you can receive in workers’ comp benefits for 100% disability is two thirds of that, or $533.33. If your disability is found to be less than 100%, you would be entitled to a percentage of the $533.33, depending on the degree of disability.
Changing jobs in the 52 weeks before your injury can affect your AWW calculation, as can working multiple jobs at the same time. If you have questions about calculating your AWW, consult with a New York workers’ compensation attorney to make sure you receive your full benefit.
When Workers' Comp Ends
Your workers’ comp benefits may decrease over time, as the injury that causes your disability improves. Many workers stop receiving monetary benefits and go back to work at their same jobs after their medical provider clears them for a return.
You are still entitled to receive medical treatment for your workplace injury even after a return to full-time duties. The only exception is if you’ve settled your case via a Section 32 waiver agreement. These agreements are between you and your employer—you agree to give up your right to further workers’ comp benefits in exchange for a lump sum.
After your workplace injury reaches maximum medical improvement or MMI, a judge may determine that you have a permanent disability or impairment. Depending on the disability or impairment you have, you may be entitled to a lump sum award or permitted to receive payments for the maximum length of time.
What Happens When Workers’ Comp Benefits End?
You have options after your workers’ comp benefits end, and a skilled attorney can assist you in protecting your financial security.
If you are permanently disabled, applying for Social Security disability insurance may be an option for you. If you are medically cleared for work but unable to find a job, you may be entitled to unemployment benefits. You may also be entitled to vocational retraining or other social services. https://www.wcb.ny.gov/returntowork/injured-worker.jsp
Unless you sign a section 32 waiver as part of a settlement, you are still entitled to medical care for your workplace injury.
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. First, employees must notify their employer within 30 days from the date of the 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 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 pass 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. Our team 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 medical treatment you deserve. We 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 $700 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.
