How Much Is Workers’ Compensation in NY?

Under NY Workers' Compensation Law, most injured workers receive two-thirds of their average weekly wage (AWW), capped at the New York State Average Weekly Wage (NYSAWW), which is updated annually. Your AWW is calculated from your earnings in the 52 weeks before your injury. The benefit amount varies based on whether your disability is classified as temporary partial, temporary total, permanent partial, or permanent total.

Yes. Under New York law, all reasonable and necessary medical treatment related to your workplace injury must be covered by your employer's workers' compensation insurance carrier at no cost to you. This includes doctor visits, surgery, physical therapy, prescription drugs, and medical equipment. You must see an authorized provider for treatment to be covered.

The duration depends on your disability classification. Temporary disability benefits continue until you reach maximum medical improvement. Permanent partial disability benefits are capped at a set number of weeks based on your impairment classification under the 2007 reforms to the NY Workers' Compensation Law. Permanent total disability may provide lifetime benefits in the most severe cases.

Under NY Workers' Compensation Law §16, surviving spouses and dependents may receive death benefits equal to two-thirds of the deceased worker's average weekly wage, up to the NYSAWW cap. A surviving spouse with no children receives benefits until remarriage. Dependent children receive benefits until age 18 (or 23 if enrolled full-time in school). A burial allowance of up to 2,000 is also payable to the estate.