New York is raising the weekly maximum for workers’ compensation payments in 2025. Those receiving benefits should understand what the increase means for their payments and how to ensure they continue to qualify for maximum workers’ comp benefits. It may be helpful to collaborate with a workers’ compensation attorney in New York to understand the injury compensation process better and stay informed about changes to benefit rates.
What Does the New Workers’ Compensation Rate Change Mean?
On July 1, 2025, New York State increaseD the maximum weekly benefit for those receiving workers’ compensation. The state calculated the new maximum based on the estimated average weekly income of New Yorkers for 2024, which was $1,833.63. The formula for an individual’s benefit payments is two-thirds of either the worker’s average weekly wage or the state’s average weekly wage (whichever is lower) multiplied by the percentage of disability.
The wages used in these calculations are always from the year before the injury.
The new maximum workers’ compensation benefits will increase to $1,833.63 per week for those injured between July 1, 2025, and June 30, 2026. Based on the formula above, this means to receive the new maximum, those who are 100% disabled must qualify for a wage replacement of $1,833.63 per week (equivalent to workers earning a salary of about $143,165.88 per year). Last year, the maximum weekly comp. rate was $1,171.46 for those with 100% disability.
Importantly, only workers who are injured after the new rate takes effect will qualify for the increased maximum. Those who are already receiving workers’ compensation benefits will continue to receive their current rate with no change.
What Is the Significance of Workers’ Comp Benefits?
Private industry workplace injuries are prevalent in New York, with the number of injuries and illnesses per 100 workers being 25% higher than the U.S. average as of 2022, per a BLS Survey. The 2023 New York State Workers’ Compensation Board Annual Report shared that there were 169,961 workers’ compensation claims. In the 2024 report, the number of claims decreased slightly to 165,320, with the top affected industries being healthcare and social assistance, public administration, and transportation and warehousing.
Because workers’ compensation benefits significantly impact many people, adjustments to payment rates are crucial. These benefits provide critical support to those injured on the job site, and the rates must reflect the rising costs of living. Additionally, it is essential that those who will not receive the rate change understand the limits of these changes.
Who Qualifies for Workers’ Comp Benefits in New York?
To qualify for workers’ compensation benefits (including both temporary disability benefits and permanent disability payments), an injury that occurred on the job site must keep someone out of work for more than seven days or reduce their wages due to lightened work duties or reduced hours. A professional medical evaluation will determine one’s legal degree of disability and assess whether short-term or permanent benefits will apply, depending on their potential maximum medical improvement (MMI).
Workers’ compensation can include medical treatment coverage and vocational rehabilitation services in addition to lost wages benefits. However, these benefits may be easier to pursue when working with a workers’ compensation lawyer familiar with the state’s regulations for work sites.
Why Is It Helpful To Work With a Workers’ Compensation Attorney in New York?
Working with a workers’ compensation lawyer in New York can represent and support accident victims throughout the process of pursuing workers’ comp benefits. These legal professionals can assist the injured party with evidence collection, benefit claim drafting, and submission. An experienced personal injury attorney will be knowledgeable about the state’s laws and regulations for workplace safety and will also be aware of any updates to the benefit rates injured parties may qualify for.
Those injured on or after July 1, 2025, should consider working with an attorney who can assist with calculating the maximum benefit available under the new rate increase. An attorney can assess your income for the year before your injuries and your medical disability status to help you understand the weekly benefit amount that you may be entitled to receive. They can then help you prepare the necessary supporting documents and draft a workers’ compensation claim in a timely manner.
An attorney may also offer legal options beyond workers’ compensation claims, including potential lawsuits against any responsible parties. Attorneys can use evidence from the incident to draft a demand letter, file an official claim, and advocate for injured parties in settlement negotiations with the responsible party’s insurance company, potentially expediting the process in pursuit of further compensation. If a third party’s negligence directly led to the accident that injured you, an attorney may be able to help you seek applicable compensation for damages such as:
- Pain and suffering (including psychological distress from an accident)
- Initial medical treatment costs
- Additional medical coverage for future treatments
- Home modifications to accommodate new disabilities
- Reduced future earning potential
- Scarring and disfigurement
- Reduced quality of life
These additional damages can be significantly impactful in addition to the increased benefit rate coming later this year.
Consult Pyrros, Serres & Rupwani
Pyrros, Serres & Rupwani offers legal counsel to those impacted by workplace injuries in New York. An attorney can help injured parties maximize workers’ compensation benefits by ensuring benefit claims are comprehensive and legally compliant before submission. Working with an attorney may also make it easier to pursue further legal action against negligent parties and seek additional compensation where appropriate.
Pyrros, Serres & Rupwani is familiar with the upcoming changes to the New York benefit rates and can further elucidate how the increase affects state residents, providing clarity about your rights and responsibilities as you navigate the legal process.
To learn more about the changes to workers’ compensation benefits or to schedule a consultation, call 718-626-7730 or contact us online.
FAQ About New Workers’ Comp Benefit Rates for 2025
Navigating workers’ compensation benefits can be complicated. To make these systems easier to understand, Pyrros, Serres & Rupwani answers some of the most common questions about relevant benefits and the claims filing process.
Do I Need an Injury Lawyer To Get Workers’ Comp Benefits?
It is not a state or federal requirement to work with a workers’ comp. injury lawyer when pursing a workers’ compensation claim. However, a qualified attorney may make the process easier to navigate and assist you with gathering supporting evidence and ensuring that your claim meets all legal requirements before submission, which can expedite the process and help get you the maximum benefits that you may be entitled to receive.
How Much Time Away From Work After an Injury Qualifies Me for Workers’ Comp?
To qualify for workers’ compensation benefits, an injury must keep you out of work for at least seven days or reduce your income due to lightened duties or decreased working hours. It can be beneficial to consult a personal injury attorney regarding any uncertainty about workers’ compensation qualifications.
Will the New Workers’ Comp Benefit Rates Affect Me If I Am Already Receiving Payments?
The upcoming workers’ compensation benefit rates apply only to those injured om or after July 1, 2025. A New York personal injury attorney can assist those injured before this date in maximizing their workers’ comp benefits and understanding their other legal options for pursuing compensation where applicable.
