Many people who get hurt on the job think workers’ compensation only pays their medical bills. However, in New York, you may be entitled to benefits for approved treatment, reimbursement for part of your lost pay, help preparing for different work if you are permanently disabled or family support for a fatal job-related injury or illness.
Your benefit amount can depend on your average weekly wage, degree of disability, injured body part, date of injury and whether the insurance carrier accepts or disputes the claim. If you have not filed yet, a New York lawyer can help you take the first step.
Types of Benefits Under Workers’ Compensation in New York
Workers’ comp includes four types of benefits: medical, lost wages, temporary, and permanent disability and rehabilitation. Death benefits can be considered a fifth benefit type and may be treated separately because they pay eligible survivors.
Some of the most prominent benefits of workers’ compensation programs for injured or ill employees include compensation for fatal injuries or illnesses. These benefits can help injured workers and their families heal and maintain financial stability during recovery.
Medical Benefits
Workers’ compensation programs provide many medical benefits, including coverage for treatment, hospital stays, rehabilitation and any necessary surgeries for injured or ill workers.
Workers’ comp coverage should include all reasonable and necessary treatment tied to the work injury, with no copay or deductible to the employee. However, the employee must usually use a provider authorized by the New York Workers’ Compensation Board in non-emergency situations.
Lost Wages (Cash Benefits)
If your injury keeps you from working or reduces what you can earn, you may qualify for weekly cash benefits. The basic formula is two-thirds of your average weekly wage multiplied by your percentage of disability.
Weekly wage x Two-thirds x 50% = Workers’ Comp Cash Benefits
For example, an average weekly wage of $900 and a 50% disability rating produce a $300 weekly benefit before any applicable cap:
$900 × two-thirds × 50% = $300 Cash Benefit
The date of injury controls the applicable minimum and maximum. For injuries or dates of disablement from July 1, 2026, through June 30, 2027, the statewide weekly maximum is $1,281.50 and the minimum is $384.45. If your actual weekly wages are below the minimum, you receive your actual wages instead. Older claims use the limits in effect on their injury date.
New York also has a waiting period. Cash benefits are generally not paid for the first seven days of disability. If you are out for eight to 14 days, benefits can begin on day eight. If the disability lasts longer than 14 days, benefits may be paid retroactively from the first missed workday.
Permanent Disability Benefits
A lasting injury may qualify for permanent disability benefits after you reach maximum medical improvement. New York separates many permanent partial disabilities into schedule and non-schedule cases.
A Schedule Loss of Use award, or SLU, applies to permanent loss of function in listed body parts, including an arm, hand, leg, foot, fingers, toes, eyesight or hearing. The law assigns a maximum number of weeks to each body part. The weekly rate still depends on the worker’s wage and applicable limits.
Non-schedule permanent partial disability covers conditions involving areas such as the spine, pelvis, lungs, heart or brain. These benefits focus on the worker’s loss of wage-earning capacity and may be limited to a set number of weeks. Permanent total disability means the worker’s wage-earning capacity is permanently and totally lost, and New York does not set a maximum number of payable weeks for that classification.
Rehabilitation Benefits (Vocational Rehab)
An injury may leave you able to work but unable to return to your previous job. Vocational rehabilitation counselors can help injured workers build a plan to find or keep employment. Free services may include career counseling, skills development, training referrals, resume help, job-search assistance and language support.
Vocational rehabilitation is not a replacement for cash or medical benefits. It is practical support for returning to the workforce when your restrictions, skills or circumstances make that difficult. Ask the Board or your lawyer whether a referral makes sense for you.
Death Benefits
When a work-related injury or illness causes a worker’s death, eligible surviving family members may receive weekly cash death benefits. Depending on the family, beneficiaries may include a surviving spouse, children and certain other dependents. The total weekly benefit is generally two-thirds of the worker’s average weekly wage for the year before the accident, subject to the legal maximum.
Workers’ compensation may also reimburse funeral or memorial expenses. The cap is $12,500 in the Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester counties, and $10,500 in the rest of New York.
Eligibility can be complicated, particularly when dependency or the cause of death is disputed. In these cases, you may benefit from hiring a New York workers’ compensation lawyer.
Workers’ Compensation Benefits for Specific Injuries
Workers’ compensation benefits vary depending on the specific injury and body part. The diagnosis alone does not determine what a claim is worth. New York also considers how the injury affects your ability to function and earn wages.
Schedule injuries involve body parts listed in the state’s SLU schedule. An amputation or permanent loss of use of an arm, hand, leg, foot, eye, finger, toe, hearing or eyesight may lead to an SLU award. The calculation uses the scheduled weeks for the body part, the percentage loss of use found by a judge, and the applicable weekly rate.
Non-schedule injuries can involve the back, spine, pelvis, lungs, heart or brain. Because these cases focus on loss of wage-earning capacity, the Board may consider medical impairment along with functional limits, education, work history, age and transferable skills. Disputes often center on whether the condition is permanent, how serious it is, and how much it limits the worker’s ability to earn.
Injuries that qualify for workers’ compensation can include single events at work, like slips, falls, burns, vehicle accidents, or repeated exposure at work, such as hearing loss or damage from repetitive motions or stress. Other common injuries from workplace accidents include back and neck injuries, brain injuries, and spinal cord injuries.
Serious conditions such as a traumatic brain injury or spinal cord injury may require long-term treatment and can affect several benefit categories at once. You may also be eligible to file a personal injury claim outside the workers’ compensation system. A lawyer can explain whether a third-party claim may be applicable in addition to workers’ compensation.
How Is Workers’ Compensation Calculated in New York?
New York workers’ compensation benefits are not based on a single flat amount. For lost-wage benefits, the starting point is usually your average weekly wage (AWW) based on your earnings before the injury. That figure is then adjusted according to your disability rating. In general, the formula is two-thirds of your AWW multiplied by your percentage of disability, subject to the minimum and maximum benefit rates that applied on the date of your injury.
The type of disability also matters. A temporary or permanent disability may be classified as total or partial, depending on how much it limits your ability to work and earn wages. A permanent injury to a scheduled body part, such as a hand, arm, leg or eye, may qualify for a Schedule Loss of Use award. Injuries involving the spine, pelvis, lungs, heart or brain are handled differently and generally focus on lost earning capacity.
Your work schedule, wage history, medical evidence and any dispute raised by the insurance carrier can affect how workers’ compensation is calculated.
Meirowitz & Wasserberg Recent Workers’ Compensation Settlements
Meirowitz & Wasserberg, also known as “Sam & Dan,” is a plaintiff-focused law firm built on the principles of personalized client care and an aggressive litigation strategy. We strive to secure maximum compensation for our clients, including those who come to us for help with their workers’ compensation claims.
Some of the most successful results our workers’ compensation lawyers have achieved include:
- $165,000 full and final settlement for a painter who suffered a head injury after striking the ceiling on the job.
- $125,000 indemnity-only settlement for a telecommunications lineman who was injured in a fall while working in the field.
- $125,000 full and final settlement for a cleaner who sustained a knee injury in a slip and fall accident at work.
- $212,000 indemnity-only settlement for a 9/11 volunteer who developed a rare, permanently disabling cancer linked to toxic exposure at Ground Zero.
- $111,335.80 schedule loss of use award for a construction laborer who injured both knees in a fall at work, with ongoing medical coverage
It’s important to note that every result depends on the facts of the claim and past results do not guarantee a similar outcome.
What Are Our Clients Saying
At Meirowitz & Wasserberg, we have years of experience helping injured workers and their families get back on their feet after workplace accidents and injuries. Don’t just take it from us–hear from our previous clients.
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 through 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 u0026 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.
Frequently Asked Questions About Workers’ Compensation Benefits
How much does workers' comp pay in New York?
A weekly lost-wage benefit is generally based on two-thirds of your average weekly wage multiplied by your disability percentage, and it’s subject to the minimum and maximum for your injury date. Other benefits, including medical care and Schedule Loss of Use awards, use different rules. It’s a good idea to check with a workers’ compensation lawyer for your specific case.
Do I get paid while I'm out on workers' comp?
You may receive cash benefits if the work-related disability keeps you out for more than seven days. If it lasts longer than 14 days, you may receive benefits dating back to the first missed workday. A disputed claim can delay payment.
What happens if my permanent disability claim is denied?
If your claim is denied, you may request review through the Workers’ Compensation Board process after you submit medical and vocational evidence supporting your injuries and losses. Consider speaking with a workers’ compensation lawyer right away about the denial and learn about your options.
Can I get vocational rehab benefits if I can't return to my old job?
Yes, you may qualify for vocational rehab benefits, especially if you can’t return to your old job. Board vocational rehabilitation counselors help injured workers develop return-to-work plans and can provide or connect them with career counseling, skills training, resume support and job-search assistance at no charge.
What are death benefits, and who qualifies?
Death benefits are weekly cash payments to eligible surviving family members and reimbursement of funeral or memorial expenses when a work-related injury or illness causes death. Qualification depends on the survivor’s relationship and dependency status.
Speak to a Workers’ Compensation Lawyer Today
If you or a loved one were injured or became sick because of your job, workers’ compensation benefits are a good way to mitigate some of the financial loss you’ve experienced. However, filing a claim for these benefits can be complicated and an experienced workers’ compensation attorney can assist you in navigating the claims process and answering questions about your benefits. At Meirowitz & Wasserberg, our dedicated workers’ compensation attorney, Brian Russell, has years of experience handling these claims.
Meirowitz & Wasserberg is a nationally recognized mesothelioma and personal injury law firm made up of award-winning trial attorneys. We have successfully handled countless workers’ compensation claims and lawsuits, recovering millions for our clients. Our team has the resources, ability and know-how to stand up to large corporations that place profit over worker safety. To get started today with a free consultation, contact Meirowitz & Wasserberg online or call 800-726-6326, extension 123.
About The Author
Samuel Meirowitz
Founding Partner
Samuel Meirowitz, a founding partner of Meirowitz & Wasserberg, has been recognized by New York Metro Super Lawyers annually since 2016. A Cardozo School of Law graduate and former prosecutor in the Bronx District Attorney's Office, he won the first multimillion-dollar asbestos verdict in a New York federal court in over 20 years.
