How Much Is Workers’ Comp in New York?

The New York Workers' Compensation Board (WCB) calculates your benefit at two-thirds (66.67%) of your average weekly wage (AWW), based on the 52 weeks of earnings before your injury. That amount is then capped at a state maximum that adjusts every July 1st — for injuries occurring between July 1, 2025 and June 30, 2026, the maximum weekly benefit is $1,222.42. Partial disability cases use a reduced percentage based on how much your earning capacity has been impaired.

Duration depends on the severity and classification of your injury. For temporary total disability, benefits continue while you cannot work, up to 525 weeks for most injuries. Permanent total disability can result in lifetime benefits. For scheduled loss of use (SLU) awards — covering specific body parts like an arm, leg, or hand — New York uses a set schedule that assigns a fixed number of weeks of compensation regardless of how long you’re out of work.

Workers’ compensation covers lost wages (at the two-thirds rate), all necessary medical treatment, and permanent disability awards. It does not compensate for pain and suffering. Because New York workers’ comp is a no-fault system, you generally cannot sue your employer in court for a workplace injury. However, if a third party — such as an equipment manufacturer, contractor, or building owner — contributed to your injury, you may be able to file a personal injury lawsuit against that party in addition to collecting workers’ comp benefits.

You have two years from the date of your injury (or from the date you knew or should have known the injury was work-related) to file a claim with the New York WCB. Separately, you must notify your employer of the injury within 30 days. Missing either deadline can result in loss of benefits, so it is critical to act quickly and speak with an attorney if you have any questions about your rights.

Yes. New York has a seven-day waiting period, meaning you are not paid cash benefits for the first seven days you are out of work. If your disability lasts longer than 14 days, though, the Workers' Compensation Board pays you retroactively for those first seven days too. Medical treatment is covered from day one regardless of the waiting period. Your first check should arrive within about 18 days of your employer learning about the injury.

If you return in a reduced capacity, you can collect a temporary partial disability benefit. Instead of two-thirds of your full average weekly wage, you get two-thirds of the difference between what you earned before the injury and what you are able to earn now. For example, if you earned $900 a week before and now earn $300, your wage loss is $600, and your benefit is roughly two-thirds of that. This keeps some income flowing while you recover and transition back to full duty.

No. Workers' compensation wage-replacement benefits are not subject to federal income tax or New York State income tax, so the weekly amount you receive is the amount you keep. This is one reason the two-thirds rate is set the way it is, since it roughly approximates take-home pay. The one exception to watch for is if you also receive Social Security Disability, where an offset can make a portion indirectly taxable; an attorney can help you coordinate the two.