How Long Does Workers’ Comp Last in New York?

By: Shulman & Hill

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.

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

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.

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. 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 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 maximum 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 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, which falls under the weekly maximum total for May 2024. However, if your average weekly wage is $1,200, you would only receive the weekly maximum for May 2024, which is $1,171.46.

Extending Workers’ Compensation Benefits in New York

If you still cannot work after your workers’ compensation benefits period has ended, you may be eligible to extend your benefits in New York. You can do this by appealing your workers’ compensation claim and showing that your disability has significantly changed since resolving your claim.

To appeal a resolved workers’ compensation claim, you must file an appeal using the current Application for Board Review, Form RB-89, if you have a legal representative or attorney. While filing the appeal, you must specify your workers’ compensation board case number, issues for review, the insurer’s name, the claim admin’s claim number, and other important information.

Your Application for Board Review must make one of the following arguments:

  • Some material evidence was not available at the time of the hearing.
  • There has been a change in the worker’s condition material to the issue involved.
  • It is in the interest of justice.

You can prove your medical condition has significantly changed by showing comprehensive medical evidence from your health care provider, such as medical reports. You can attach these documents to your Application for Board Review form.

Note that an application for reopening or rehearing need not be filed within 30 days of a decision. However, it must be filed within a reasonable time after learning of the facts that make up the claim.

What Is the Deadline For Filing a Workers' Compensation Claim?

Employees must notify their employer within 30 days of their workplace illness or injury. The clock starts ticking when the worker becomes aware or should have reasonably become aware of the illness or injury. Workers then have two years to file a workers’ compensation claim in New York state.

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 extending workers’ compensation benefits.

Engage Experienced Workers’ Compensation Attorneys In New York

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. 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 212-221-1000 or complete our online form to book a free case consultation.

Contact our Team for your Free Case Consultation

At Shulman & Hill, our personal injury attorneys have won more than $500 million for injured clients throughout the years. This includes pain and suffering damages that compensate them for their intangible losses, as well as economic damages such as medical bills and lost income.

As New York’s premier personal injury law firm, we serve clients in New York City, on Long Island, and statewide. We pride ourselves on handling cases no matter the difficulty or complexity.

Contact us using our online form or by dialing (866) 806-6754. We offer free initial case consultations and will assess your legal options based on your case facts. We are here to help you pursue fair compensation based on the expenses and losses you suffered, including any non-economic damages.

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