Getting hurt at work is stressful enough, and uncertainty about when benefits will arrive adds another layer of pressure. Every case follows a different timeline, which means some workers start receiving payments within weeks while others face months of hearings and appeals.
At Meirowitz & Wasserberg, we stand beside injured workers at every stage of the process. Our team explains how long workers’ comp typically takes in New York, how long benefits may last, and what to expect along the way.
Quick Links
- Workers’ Comp Timeline in New York: Key Phases
- How Long Do NY Workers’ Comp Benefits Last?
- Meirowitz & Wasserberg Recent Workers’ Compensation Settlements
- What Are Our Clients Saying?
- How Long Do NY Workers’ Comp Settlements Take?
- Why Do Workers’ Comp Payments Get Delayed in NY?
- What if Your Workers’ Comp Is Taking Too Long?
- Speak to Brian Russell
Workers’ Comp Timeline in New York: Key Phases
Understanding the process helps you know what to expect during an often confusing time. While each case has unique circumstances, most claims follow several key phases.
1. Reporting the Injury (Day 1 to 30)
You must notify your employer of your injury within 30 days. Written notice is preferred because it creates a record of your report.
2. Filing the Claim (Day 1 to 2 Weeks)
In addition to notifying your employer, you’ll need to file an Employee Claim Form C-3 with the state Workers’ Compensation Board. The law gives you two years to file this form, but it’s best to do so as soon as possible to avoid unnecessary delays.
3. Medical Evaluation and Waiting Period (First 7 Days of Disability)
After reporting your injury, you must see a doctor authorized by the New York Workers’ Compensation Board. The doctor’s medical report starts the process of proving your eligibility for benefits.
State law requires a seven-day waiting period before wage benefits begin. If your disability keeps you out of work longer than 14 days, the insurer must make payments retroactive to the first day you missed work.
4. Initial Payment Timeline (18 Days After Disability Begins)
New York workers’ comp insurers must begin paying benefits within 18 days after your disability starts, or within 10 days of learning of your injury—whichever comes later.
5. Ongoing Benefits and Duration
You’ll continue to receive benefits for as long as the law allows for your medical classification and type of wage loss. For example, temporary total disability payments last only during your recovery. Permanent partial disability payments may continue for up to 525 weeks.
How Long Do NY Workers’ Comp Benefits Last?
The length of time you can collect workers’ comp in New York depends on your level of disability and the type of injury.
If you experience a temporary disability, you’ll receive weekly payments during recovery. These benefits stop once you return to work or reach maximum medical improvement, which is when doctors decide your condition will not improve further. If your injury causes a permanent disability, you may recover longer-term benefits lasting several years or even for life.
Your weekly lost wage benefits cannot exceed the Workers’ Compensation Board’s maximum limit. The limit changes each year in July and is currently set at $1,222.42 as of August 2025.
Maximum NY Workers' Comp Claim Duration
New York law sets limits on how long workers’ compensation benefits last, depending on how the injury is classified.
| Disability Type | Maximum Duration of Benefits |
|---|---|
| Schedule Loss of Use Permanent Partial Disability | A schedule loss award provides a fixed number of weeks of benefits based on the body part injured. For example, the law allows up to 312 weeks for an arm, 244 weeks for a hand, 288 weeks for a leg, 205 weeks for a foot, and 150 weeks for loss of hearing of both ears. |
| Non-Schedule Permanent Partial Disability | A non-schedule award provides between 225 and 525 weeks of benefits, depending on the worker’s percentage loss of wage-earning capacity. |
| Permanent Total Disability | A worker who is found permanently and totally disabled may receive benefits for the rest of their life. |
| Temporary Disability | Temporary disability benefits continue until the worker either recovers or reaches maximum medical improvement. |
| Death Benefits for Dependents | Eligible dependents may continue receiving weekly death benefits indefinitely. |
Meirowitz & Wasserberg Recent Workers’ Compensation Settlements
Our New York workers’ compensation lawyers have secured significant settlements for injured workers throughout the state, including:
- $373,644 for a 9/11 volunteer diagnosed with severe reactive lung disease due to toxic exposure
- $233,000 plus ongoing medical coverage for a professor injured in a fall down a staircase
- $212,000 for a 9/11 volunteer who developed a rare, permanently disabling cancer linked to toxic exposure at Ground Zero
- $205,000 plus ongoing medical benefits for a construction worker who fell 14 feet from a broken ladder
- $175,000 plus lifetime medical coverage for a bus driver injured while lifting a wheelchair ramp
- $165,000 for a painter who suffered a head injury after striking the ceiling on the job
- $125,000 for a telecommunications lineman who was injured in a fall while working in the field
- $125,000 for a cleaner who sustained a knee injury in a slip and fall accident at work
- $111,336 plus ongoing medical coverage for a construction laborer who injured both knees in a fall at work
What Are Our Clients Saying?
Client feedback shows the difference our attorneys have made in the lives of injured workers during difficult times.
“I've had the privilege of working with Mr. Brian Russell from Meirowitz and Wasserberg law firm, and I never met a more kind, caring, compassionate and supportive lawyer. Brian is very smart and knowledgeable within his field, he will work endlessly to win your case. He will give you that one on one attention, and is always available to provide answers and emotional support to alleviate any of your concerns, there were many times I didn't have faith in the process, but Brian was always there to reassure me. I'm so grateful to have had Brian by my side in aiding me in getting my life back together, during the most difficult times of my life, he will always be remembered by me for all that he has done for me I highly recommend him. He is very dedicated and sincere, and wants the best for you. Thank you Brian.”
“The lawyers at Meirowitz and Wasserberg are very professional and stay true to their word. I got immediate help that was needed when I got into a severe construction accident that injured both my rotator cuffs. This firm knows and wants the best for you.”
“The lawyers at Meirowitz and Wasserberg are incredible professionals. They helped me though my construction accident in the city with extreme personal care and respect. They made the process quick and painless for me and kept me informed and confident throughout my experience. I would recommend their business to anyone and I am extremely happy to have worked with the firm.”
“I had an outstanding experience working with Brian Russell at Meirowitz & Wasserberg. From the beginning, Brian demonstrated exceptional professionalism, deep legal expertise, and a sincere commitment to my case. He was always accessible, clearly explained each step of the process, and made sure I felt informed and supported the entire way. Brian's attention to detail, strategic thinking, and compassionate approach made a difficult time much easier to navigate. He truly went above and beyond to ensure the best possible outcome. I’m incredibly grateful for his dedication and would highly recommend Brian Russell to anyone in need of a skilled and trustworthy attorney.”
How Long Do NY Workers' Comp Settlements Take?
It usually takes six months to two years to settle a workers’ compensation claim. Several factors affect the NY workers’ comp settlement time:
- Degree of disability: Serious or permanent injuries require more evidence, which lengthens negotiations.
- Employer and insurer cooperation: Quick responses move claims forward, but delays slow them down.
- Disputes and hearings: When insurers contest a claim, hearings and appeals can add many months to the process.
- Reaching maximum medical improvement (MMI): Doctors must certify that your condition has stabilized before negotiations can begin. This point is known as MMI. Waiting to reach MMI can add to the timeline considerably for injuries with extensive recovery times, such as burn injuries or spinal cord injuries.
- Board approval: Even after both sides agree, the New York Workers’ Compensation Board must review the settlement to confirm that it’s fair. If the Board disagrees with the decision or requests clarification, it may take longer to reach a final settlement.
Why Do Workers' Comp Payments Get Delayed in NY?
Payment delays can add a layer of frustration and uncertainty to the workers’ compensation process. Several issues can hold up your benefits, including:
- Your employer failed to report the injury to the insurance company on time.
- You’re missing key documentation from your health care providers.
- The insurer is contesting whether your injury is work-related or is as serious as you claim.
- There was an administrative error on the insurance company’s end.
What if Your Workers’ Comp Is Taking Too Long?
You don’t have to wait passively if your workers’ compensation claim drags on. You may have options to move things forward.
One option is filing a Request for Further Action, or Form RFA-1W. If the insurer misses deadlines, this form alerts the Workers’ Compensation Board to review your case and take action.
You can also consult a workers’ comp attorney at any point. They can review your case, inform you of your rights, and help you resolve your claim. The right attorney can handle every aspect of the legal process on your behalf, including alerting the Board to the delay and representing you in hearings.
Speak to Brian Russell
Every workers’ comp case follows a unique timeline. A skilled lawyer will strive to move your claim forward as quickly as possible without sacrificing the benefits you deserve.
Brian Russell takes that balanced approach to help injured workers resolve disputes, overcome delays, and pursue fair compensation. With millions recovered for clients, he and his team are ready to explain your legal options and seek the results you need to rebuild your life.
Whether you need assistance navigating the claims process or have questions about your benefits, Meirowitz & Wasserberg is here for you. Learn more about how long workers’ comp takes in NY today. Contact us online or call 800-726-6326 ext. 123 to start moving forward with a free consultation.
