Content reviewed by:
Alex Shulman
Workers’ compensation in New York generally pays totally disabled workers up to two-thirds of their average weekly wages before their injury, capped by the state-imposed maximum. As of July 1, 2024, the maximum disability payment is $1,171.46 per week. The minimum workers’ compensation payment in 2024 is $275 per week. On January 1, 2025, the minimum will increase to $325 weekly.
If you are injured on the job and an approved doctor determines you cannot work or your ability to work is limited, you could be entitled to bi-weekly workers’ compensation payments. You are also entitled to medical care and may receive other benefits depending on your circumstances.
Unfortunately, employers and their insurers often dispute claims and refuse to pay the benefits workers are entitled to. If your employer’s insurance company denies your claim or minimizes the severity of your injuries, our respected workers’ compensation attorneys can fight for your rightful benefits.
The Workers’ Comp Benefits Calculation for Cash Benefits
Your lost wage benefits under New York workers’ compensation depend on your average weekly wage, which is determined using your gross earnings for the 52 weeks before your injury date, and on how disabled you are found to be.
Workers’ compensation pays two-thirds of your average weekly wage multiplied by the percentage of your disability. For example, if you make $600 per week, your disability payments would be:
- For a partial disability rated at 50 percent by a doctor, you would receive $200 a week.
- For total disability, you would receive $400.
- If you can work but earn less, you can receive two-thirds of the difference between your prior and current wages.
The maximum payment beginning July 1, 2024, is $1,171.46. Your payments are based on the date of your injury. They do not change if there is a change in the maximum payment amounts scheduled by law. You do not have to be a U.S. citizen to collect workers’ compensation in New York.
New York Workers’ Comp Classifications
Your worker’s comp disability classification reflects how much your injury affects your ability to work and how long it will last. Your classification determines how much compensation you receive and for what period:
- Temporary total disability: You cannot work, but the effect of your injury is temporary. You get full benefits up to two-thirds of your average weekly wage or the state maximum.
- Temporary partial disability: You lost some of your ability to work temporarily. If you are 25 percent disabled, you receive 25 percent of two-thirds of your average wages.
- Permanent total disability: You cannot work, and your condition is not likely to improve. You can receive full benefits for an unlimited number of weeks.
- Permanent partial disability: You have a permanent disability due to your work-related injury, but it does not entirely prevent you from working. The body part with function loss and your work status determines if you receive a Schedule Loss of Use or a Non-Schedule Loss award. How much workers’ compensation you receive and for how long depends on the body part injured, the severity of the permanent impairment, your work status, and your average weekly wages.
Determining your potential workers’ compensation benefits isn’t always straightforward. Please visit our FAQs page for additional information, or contact our experienced workers’ comp attorneys for assistance with a claim.
Can I Get a Lump Sum Instead of Weekly Benefits?
Injured workers in New York can sometimes enter into a Section 32 lump sum agreement instead of receiving bi-weekly payments. This can occur when both parties, meaning the claimant and the insurance carrier, are interested in resolving the matter in this fashion, and an agreement can be reached on the settlement amount. However, if you do so, you lose the right to future claims, even if you need surgery or additional medical treatment.
One significant benefit of a settlement is that it provides a tax-free payment you can use without restrictions. For example, you could pay off your credit card debt to eliminate interest or take courses to help you land a job you can perform with your disability.
However, before accepting a Section 32 agreement, get legal advice from our workers’ compensation lawyers. We will examine the current and future advantages and disadvantages of a lump sum payment and advise you based on over a decade of experience helping injured workers.
Medical Benefits Under Workers’ Compensation
Work-related injuries sometimes result in significant medical bills. New York law requires your employer’s workers’ compensation insurance to cover several types of health care when it is related to your work injury and authorized, including the following:
- Dental
- Medical
- Optometry
- Surgical
- Medically necessary drugs
- Assistive devices
Except for emergency care, the Workers’ Compensation Board must authorize health care providers who treat injured workers. If you don’t need emergency care, see your doctor immediately so they can evaluate your injuries.
Reasonable transportation expenses related to your medical treatment are also reimburseable.
Additional Compensation You Can Receive After a Work Injury
New York workers’ compensation provides additional benefits for workers with certain permanent disfigurements. If a death at work is causally related or causally related injuries lead to someone’s death, benefits can be available to family members so they do not have to bear the total financial cost of their loved one’s work-related death.
Disfigurement and Survivor Benefits
If you have an injury to your face, neck, or head that causes permanent disfigurement, you may be entitled to an additional workers’ compensation award. As of 2024, the maximum disfigurement award is $20,000. The amount you receive is based on the date and extent of your injury.
New York workers’ compensation law also dictates that insurance covers survivor benefits in the event of death. Surviving spouses, minor children, and certain other dependents are entitled to weekly cash benefits of two-thirds of the worker’s average weekly wage.
If there is no surviving spouse or dependents, workers’ compensation pays $50,000 to the surviving parents or the deceased worker’s estate. Survivor benefits also cover funeral or memorial expenses, up to $12,500 in some downstate counties and up to $10,500 in others.
Compensation for Pain and Suffering Through a Personal Injury Claim
Workers’ compensation in New York does not cover pain, suffering, and emotional damages resulting from your work injury. To seek compensation for pain and suffering or other non-economic damages, you must do so through a personal injury lawsuit. However, you generally cannot file a personal injury lawsuit against your employer. You can pursue a lawsuit if there is a third party responsible for your injury, though.
Parties you might sue include negligent drivers, property owners, construction managers, equipment manufacturers, and others responsible for your work injury. For example, if you were hurt while driving a vehicle with defective brakes as part of your job duties, you can claim workers’ compensation and file suit against the brake manufacturer.
The state provides additional protection to construction workers through its Scaffold Law, New York Labor Law 240. It allows workers to file personal injury lawsuits against property owners and contractors who don’t provide adequate safety or other equipment. You do not have to prove negligence in these cases, but defendants may argue that you caused your injuries. Our attorneys have experience in workers’ compensation and construction accidents in New York City and can fight for your deserved damages.
Get Help With Your Workers’ Compensation Claim
Workers’ compensation claims are rarely straightforward, and you may find yourself fighting for denied benefits or receiving compensation that doesn’t cover your damages. Our lawyers have significant experience building strong workers’ comp claims in New York and fighting for compensation in personal injury lawsuits when appropriate.
We are New Yorkers who represent New Yorkers with a high level of service and attention to detail. No case is too challenging or complex for our experienced attorneys.
Call us at 212-221-1000 or complete our case evaluation request to schedule a free consultation today.
