Workers’ compensation in New York pays two-thirds of your average weekly wage, subject to a maximum weekly benefit set by the state each year. For injuries occurring in 2024, that maximum is $1,145.43 per week. Your actual benefit amount depends on your pre-injury earnings, the nature and severity of your disability, and whether your disability is classified as total or partial, temporary or permanent. The formula sounds straightforward, but the calculation process is frequently disputed, and injured workers are often paid less than they are legally owed.
Contact our office today to make sure you are receiving every dollar you are legally owed.
Understanding what workers’ comp pays in New York requires looking beyond the basic formula. The type of disability you have, how your average weekly wage is calculated, and whether your employer’s insurer challenges your claim all affect the final number. Our NYC workers’ comp lawyers at Katz, Leidman, Freund & Herman represent injured workers throughout New York City who are fighting to make sure their benefit amounts accurately reflect what the law entitles them to receive.
How Is Your Average Weekly Wage Calculated for Workers’ Comp in New York?
Your average weekly wage is the foundation of your workers’ comp benefit calculation, and getting it right matters enormously. The Workers’ Compensation Board calculates your average weekly wage by looking at your total earnings from the 52 weeks before your injury and dividing by the number of weeks you actually worked during that period. If you worked for your employer for less than a year, the Board may use a different calculation method based on what a similarly situated worker would have earned.
If you held more than one job at the time of your injury, New York law allows wages from all covered employment to be factored into your average weekly wage calculation. This can significantly increase your weekly benefit amount, and it’s an area where insurers sometimes fail to account for all of your earnings. Our workers’ compensation attorneys review wage calculations carefully in every case we handle because errors here directly reduce the benefits our clients receive.
What Are the Different Types of Workers’ Comp Disability Benefits in New York?
New York workers’ compensation recognizes four categories of disability, and each comes with its own benefit structure. The category that applies to your case depends on the medical evidence and the extent to which your injury affects your ability to work.
- Temporary total disability: Paid when your injury completely prevents you from working for a temporary period. You receive two-thirds of your average weekly wage up to the state maximum for as long as the total disability continues.
- Temporary partial disability: Paid when you can return to work in a limited capacity but earn less than you did before your injury. You receive two-thirds of the difference between your pre-injury wages and your current earning capacity.
- Permanent total disability: Paid when your injury results in a permanent condition that completely eliminates your ability to work in any capacity. Benefits continue for the duration of the disability, with no set end date in most cases.
- Permanent partial disability: Paid when your injury results in a lasting impairment that reduces but does not eliminate your ability to work. Benefit amounts and duration depend on the body part affected and the degree of impairment, using a schedule established under New York law.
The classification assigned to your disability directly determines how much you receive and for how long, which is why disputes over disability classification are among the most common and consequential in workers’ comp cases.
How Does New York Calculate Permanent Partial Disability Benefits?
Permanent partial disability benefits in New York are calculated differently depending on whether your injury involves a scheduled loss of use or a non-schedule injury. Scheduled injuries cover specific body parts listed in the Workers’ Compensation Law, including arms, legs, hands, feet, fingers, toes, and eyes. For scheduled injuries, the law assigns a maximum number of weeks of compensation for each body part, and your benefit is calculated as a percentage of that maximum based on the degree of loss of use your doctor determines.
Non-schedule injuries involve body parts not on the schedule, most commonly the back, neck, and head. For these injuries, the Board evaluates your loss of wage-earning capacity rather than a fixed schedule. This assessment considers your medical restrictions, your education, your work history, and your ability to perform other types of work. Non-schedule permanent partial disability cases are more subjective and more frequently disputed, making legal representation especially important.
Are There Any Workers’ Comp Benefits Beyond Weekly Wage Payments in New York?
Weekly wage replacement is the most visible part of workers’ comp, but it isn’t the only benefit available under New York law. Injured workers may be entitled to several additional forms of compensation depending on the circumstances of their injury and recovery.
- Medical benefits: All reasonable and necessary medical treatment related to your work injury must be covered in full by the workers’ comp insurer, with no co-pays, deductibles, or out-of-pocket costs to you.
- Permanent impairment awards: Workers who suffer a permanent loss of use of a scheduled body part receive a lump-sum or ongoing award based on the degree of impairment and the applicable schedule.
- Supplemental benefits: Workers receiving permanent partial disability benefits may be entitled to supplemental payments from the state’s Reopened Case Fund after a set period under certain conditions.
- Vocational rehabilitation: If your injury prevents you from returning to your previous job, you may qualify for vocational training and job placement assistance funded through the workers’ comp system.
- Death benefits: Surviving dependents of workers who die from a work-related injury or illness are entitled to weekly death benefits equal to two-thirds of the deceased worker’s average weekly wage, up to the state maximum.
Knowing the full range of benefits available ensures that injured workers don’t leave compensation on the table that they are legally entitled to receive.
What Can Reduce Your Workers’ Comp Benefits in New York?
Several factors can reduce the amount of workers’ comp benefits you receive, and insurers actively look for opportunities to apply them. Being aware of these reductions helps you protect the full value of your claim.
- Return to light duty work: If your employer offers you a light duty position within your medical restrictions and you refuse it without a valid reason, your benefits may be reduced or suspended.
- Concurrent earnings: If you return to work in any capacity and earn wages, your partial disability benefit will be reduced to reflect your current earning capacity.
- Social Security disability offsets: If you receive Social Security disability benefits simultaneously with workers’ comp, your combined benefits may be subject to an offset that reduces one or both payments.
- Retirement benefits: Workers who retire while receiving workers’ comp benefits may see their payments reduced by the amount of retirement benefits they receive from their employer.
- Failure to comply with treatment: If you refuse reasonable medical treatment recommended by your authorized doctor, the insurer may seek to reduce or suspend your benefits on the grounds that you are not cooperating with your recovery.
Our workers’ compensation attorneys monitor for improper reductions and challenge any attempt by an insurer to lower your benefits without legal justification.
How Can Our NYC Workers’ Comp Lawyers Help You Maximize Your Benefits?
At Katz, Leidman, Freund & Herman, our workers’ compensation attorneys represent injured workers across New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, fighting to make sure benefit calculations are accurate and complete.
- Wage calculation review: Our NYC workers’ comp lawyers examine how your average weekly wage was calculated and correct any errors that would reduce your weekly benefit amount.
- Disability classification challenges: Our workers’ compensation attorneys fight improper disability classifications that would lower your benefit rate or shorten the period during which you receive payments.
- Scheduled and non-schedule loss evaluations: Our workers’ comp lawyers work with medical professionals to ensure that permanent impairment ratings accurately reflect the true extent of your injury and loss of function.
- Improper reduction challenges: When insurers attempt to reduce or suspend your benefits without legal justification, our workers’ compensation attorneys challenge those actions before the Workers’ Compensation Board.
- Full benefits identification: Our NYC workers’ comp lawyers make sure you are pursuing every category of benefit available under New York law, including medical coverage, wage replacement, permanent impairment awards, and vocational rehabilitation where applicable.
Benefit disputes are decided by evidence and legal argument, and having experienced representation ensures you are not shortchanged by a process that is often tilted toward the insurer.
Contact Katz, Leidman, Freund & Herman Today
If you have questions about how much your workers’ comp claim is worth or believe your benefits have been miscalculated or reduced improperly, our NYC workers’ comp lawyers at Katz, Leidman, Freund & Herman are ready to review your case. Contact our office today to make sure you are receiving every dollar you are legally owed.