If an on-the-job injury has prevented you from working, you may qualify for workers’ compensation benefits that pay out a portion of your lost wages. Understanding how New York calculates wage replacement values for workers’ compensation claims can help you estimate how much money you might receive while you’re recovering.
For more personalized guidance, speak with a workers’ compensation lawyer in New York.
Understanding Workers’ Compensation Benefits in New York
The majority of employers in New York are required to provide workers’ compensation benefits to employees. This form of insurance coverage helps pay for the expenses resulting from on-the-job injuries.
If you were injured at work or while performing your job duties, you likely qualify for workers’ compensation, regardless of who was technically at fault for the accident. This benefit covers two main types of expenses:
- Medical bills resulting from the accident
- A portion of your lost wages while you cannot work during your recovery
In 2024, the New York Workers’ Compensation Board completed approximately 165,320 claims. Healthcare and social assistance had the most claims (27,919), followed closely by public administration (25,299), then transportation and warehousing (17,207).
Understanding employers’ rights and responsibilities under workers’ comp is important to knowing what to expect when you file a workers’ compensation claim. Your employer is responsible for reporting injuries and occupational diseases to their insurance carrier, maintaining a record of employee injuries and illnesses, and not retaliating against workers for using workers’ compensation, among other responsibilities.
What Is Wage Replacement in a Workers’ Compensation Claim?
If your on-the-job injury prevents you from working, you may qualify for wage replacement benefits under workers’ compensation. This benefit provides you with a portion of your lost wages while you are off work and recovering. Speak with a workers’ comp lawyer in New York about your eligibility.
New York has a seven-day waiting period for receiving cash wage replacement benefits. This means that you likely will not receive lost wage benefits for the first seven days of your disability. However, if your disability lasts longer than 14 days, you can receive wage benefits dating back to the first day of time lost.
The amount you can receive through cash wage replacement benefits depends on your average weekly wage for the previous year, subject to New York’s maximum weekly benefit amount.
Calculating Wage Replacement Under New York Workers’ Compensation
The wage replacement benefit in New York is typically two-thirds of a worker’s average weekly wage (AWW), multiplied by their percentage of disability based on medical evidence. For example, if medical evidence shows that you are 75% disabled, and your average weekly wage is $1,000, the calculation would be as follows
(2/3($1,000)) x .75 = $500
Minimum and Maximum Weekly Benefit Rates
New York also has minimum and maximum weekly benefits. As of 2026, the minimum weekly benefit is set to one-fifth of the New York State Average Weekly Wage (NYSAWW). In 2026, the NYSAWW was $1,833.63, making the minimum weekly benefit $366.73.
The maximum weekly benefit rate is adjusted each year on July 1. For reference, between July 1, 2025, and June 30, 2026, the maximum weekly benefit amount was set to $1,222.42. This means that if your accident occurred in the first half of 2026, your weekly wage replacement benefit would range somewhere between $366.73 and $1,222.42, depending on your average weekly wages and percentage of disability.
Your workers’ comp lawyer in New York can help you calculate your potential wage replacement benefits.
Understanding Disability Classifications Under Workers’ Compensation
If you experienced a serious work injury that prevents you from returning to your usual job, you may be considered to have a “disability” under New York law. The state recognizes four classifications of disability, and your classification can impact your wage replacement benefit.
- Temporary partial disability: Your injury has caused you to lose some ability to work and earn income for a temporary period. Your wage replacement would be multiplied by your percentage of disability, such as 75%, 50%, 25%, etc.
- Temporary total disability: You cannot work and earn any income for a temporary period of time. Your disability percentage would be considered 100%, making you eligible for the full allowable wage benefit up to two-thirds of your average wages.
- Permanent partial disability: You have permanently lost part of your earning capacity. Your wage benefit would depend on the body part that was affected and the nature of the disability, classified as either a Schedule Loss of Use (SLU) or Non-Schedule Loss.
- Permanent total disability: You have permanently lost your entire wage-earning capacity. In this case, you could receive weekly wage replacement benefits for the rest of your life.
A lawyer for workplace injuries can help you understand what classification your injury may fall into.
Compensation for Schedule Loss of Use and Non-Schedule Disabilities
Permanent disabilities arising from workplace injuries may qualify for additional cash benefits. You may qualify for a Schedule Loss of Use (SLU) award if you have permanently lost the use of any of the following:
- Shoulder
- Arm
- Hand
- Wrist
- Finger
- Hip
- Knee
- Foot
- Leg
- Ankle
- Toe
- Eyesight
- Hearing
Your compensation would be limited to a certain number of weeks according to a schedule under New York law. Any temporary benefits you had already received would be deducted from your total SLU award.
Meanwhile, a permanent disability involving a part of the body not covered under SLU would be considered “non-schedule,” such as injuries to the:
- Brain
- Spine
- Heart
- Lungs
- Pelvis
Non-schedule injuries may qualify you for benefits related to your loss of wage-earning capacity. Speak with a workers’ compensation attorney in New York to learn more about these benefits.
Potential Issues Impacting Your Wage Replacement Benefits
New York’s wage replacement benefits guidelines may seem relatively straightforward, but workers sometimes encounter certain challenges with qualifying for benefits. A workers’ comp lawyer in New York can help you understand your rights and options if you are struggling to receive benefits you believe you qualify for.
Examples of issues you may encounter include:
- The New York Workers’ Compensation Board (NYWCB) assigning you a lower disability percentage than you believe is accurate
- The NYWCB placing you into an inaccurate disability category
- The insurance company denying your claim for workers’ compensation benefits.
- The insurer failing to backpay wage replacement benefits
If your claim is initially denied, you may be able to appeal it with the help of an attorney.
Seek Legal Guidance From a Workers’ Compensation Lawyer in New York
The workers’ compensation process can be confusing, and you may be unsure which types of benefits you actually qualify for. An experienced workers’ compensation attorney can help you navigate the claims process and protect your right to a fair payout under NY law.
Pyrros, Serres & Rupwani, Attorneys at Law, represent workers through this process. Learn more about the cost of hiring a workers’ compensation lawyer, then request a free consultation with our workers’ comp lawyers in New York by calling 718-626-7730.
Preguntas frecuentes
Does everyone qualify for workers’ compensation wage replacement benefits?
Not everyone qualifies for wage replacement benefits under workers’ compensation. Your injury would need to prevent you from working for longer than seven days. Medical records can support your inability to work due to your workplace injury.
How long can you receive wage replacement benefits in NY?
The duration of your wage replacement benefits will depend on the severity and nature of your disability, but there may be no limit for cases involving permanent total disability.
How much reimbursement can you receive for medical expenses under NY workers’ comp?
NY workers’ comp covers all necessary medical care related to your work injury for as long as is needed.
