Workers' comp · NY
New York workers' comp calculator
New York multiplies the weekly rate by the degree of disability in the medical reports, so a partial disability pays a fraction of the full check.
Rules read on official New York pages on · Checked by Radif Partners · How we calculate
- Benefit rate
- 66.67%
- Gross average weekly wage before taxes
- Weekly maximum
- $1,281.50
- from July 1, 2026
- Weekly minimum
- $384.45
- or the wage, if lower
- Waiting period
- 7 days
- paid back past 14 days
The New York State Workers' Compensation Board computes lost wage benefits as two thirds of the average weekly wage, multiplied by the percentage of disability shown by the medical evidence. For accidents between July 1, 2026 and June 30, 2027, the weekly maximum is $1,281.50, two thirds of the New York State average weekly wage, and the minimum is $384.45, one fifth of it, or the actual wage if that is lower. A totally disabled worker reaches the maximum at a wage of about $1,922 a week. Benefits are not paid for the first 7 days of disability unless it extends beyond 14 days; then they are paid from the first day missed. A home attendant earning $720 who is totally disabled for sixteen days receives $1,097; rated 50% disabled, she would receive $240 a week. On an accepted claim, payments should start within 18 days of the injury or 10 days after the employer learns of it, whichever is later. Permanent injuries are paid as schedule loss of use awards or, for the spine and organs, by loss of wage-earning capacity.
Weekly temporary total disability benefit in New York
$733
$3,178 a month · 66.67% of the wage, tax-free
| 66.67% of $1,100 | $733 |
| Weekly maximum / minimum | $1,281.50 / $384.45 |
| Days paid / unpaid waiting days | 30 / 0 |
| Total for the time off | $3,143 |
Estimate of wage-loss benefits for a total disability, from the New York State Workers' Compensation Board (WCB) rates. Medical care is paid separately; partial disability, permanent impairment ratings and settlements follow other rules. How this is calculated.
Degree of disability as a multiplier
New York does not stop at "able" or "unable" to work. The weekly benefit is 2/3 × average weekly wage × percentage of disability, and that percentage comes from the medical reports, from the treating doctor or from an independent medical examiner the insurer sends. A home attendant earning $720 receives $480 while totally disabled; if her doctor reports a 50% disability, the check falls to $240. When the two doctors disagree, the worker can settle on a compromise with the insurer or ask for a hearing. The calculator above assumes total disability, so scale its result by your own percentage.
A minimum indexed from July 2026
For a decade New York's floor was a flat amount: $150 a week for injuries from May 2013 through 2023, then $275 for 2024 and $325 for 2025. Since July 1, 2026, the minimum is one fifth of the state average weekly wage, $384.45 on the Board’s schedule of maximum weekly benefits, or the actual wage when that is lower. A part-time stock clerk earning $300 is paid $300. At the other end, an electrician earning $2,500 would compute to $1,667 and receives $1,281.50. Both figures are locked to the date of the accident and do not rise when the Board adopts new ones; compensation combined with reduced earnings can never exceed the wage at the time of injury.
The fifteenth day
Lost wage benefits are withheld for the first 7 days unless the disability extends beyond 14 days. The attendant out twelve days receives $343; at sixteen days she receives $1,097, every day paid. If the insurer disputes the claim, payments wait for a judge's decision, though New York's separate disability benefits program may pay in the meantime.
Schedule loss of use and the capped weeks
Permanent loss of use of an arm, hand, leg, foot, eye, hearing, etc. is paid as a Schedule Loss of Use (SLU) award for a number of weeks set by law, less temporary benefits already paid. Non-schedule permanent partial disability (spine, pelvis, heart, lungs, brain) is paid on loss of earning capacity for a maximum of 225 weeks (15% or less) up to 525 weeks (over 95%) for accidents on or after March 13, 2007 (WCL § 15(3)). For the non-schedule injuries, the cap in weeks depends on the loss of wage-earning capacity a judge finds. Facial disfigurement can add up to $20,000. See how much workers’ comp pays for settlements, and the New York child support page for benefits in a CSSA calculation.
The New York rules this calculator applies
| Rule | New York |
|---|---|
| Temporary total disability rate | 66.67% of gross average weekly wage before taxes |
| Weekly maximum | $1,281.50 |
| Weekly minimum | $384.45 |
| Applies to | accidents July 1, 2026 - June 30, 2027 (July 1, 2025 - June 30, 2026: max $1,222.42; minimum $325.00 for January 1, 2025 - June 30, 2026) |
| Waiting period | 7 days, paid back when the disability lasts more than 14 days |
| Limit on temporary total benefits | no fixed number of weeks |
Rate. 2/3 x average weekly wage x percentage of disability based on medical evidence (WCB, Lost Wage Benefits); maximum is two-thirds of the NYS average weekly wage for the previous calendar year, adjusted each July 1 (Workers' Compensation Law §§ 2(16), 15(6)). source
Waiting period. Lost wage benefits are not paid for the first seven days of disability unless it extends beyond fourteen days; then they are paid from the first day the worker was unable to work (WCB, Lost Wage Benefits; WCL § 12). source
Duration. No fixed week cap stated for temporary disability; benefit level follows the degree of disability in the medical reports (WCB, Lost Wage Benefits). Non-schedule permanent partial benefits for accidents on or after March 13, 2007 are capped at 225 to 525 weeks by loss of wage-earning capacity. source
Permanent disability. Permanent loss of use of an arm, hand, leg, foot, eye, hearing, etc. is paid as a Schedule Loss of Use (SLU) award for a number of weeks set by law, less temporary benefits already paid. Non-schedule permanent partial disability (spine, pelvis, heart, lungs, brain) is paid on loss of earning capacity for a maximum of 225 weeks (15% or less) up to 525 weeks (over 95%) for accidents on or after March 13, 2007 (WCL § 15(3)). source
Worth knowing in New York
- From July 1, 2026 New York's minimum weekly benefit is indexed to one-fifth of the state average weekly wage ($384.45); it was $150 for 2013-2023 injuries, $275 in 2024 and $325 in 2025 (WCB, Lost Wage Benefits). source
- The benefit rate is fixed by the date of injury and does not rise when new maximums or minimums are adopted (WCB schedule). source
- Payments on an accepted claim should begin within 18 days of the injury or within 10 days after the employer learned of it, whichever is later (WCB, Lost Wage Benefits). source
- Permanent disfigurement of the face, head or neck can bring an award of up to $20,000 depending on the date and extent of injury (WCB). source
- Compensation combined with reduced earnings can never exceed the wages the employee was receiving at the time of injury (WCB schedule). source