As a New York worker, it’s crucial to understand how the workers’ compensation system works in case you become injured or ill on the job. Workers’ compensation laws and calculations can be complex, but working with an experienced New York workers’ compensation lawyer after your injury can help you simplify the process and maximize your compensation. Below, we’ve outlined the basics of workers’ comp calculations in New York.
Quick Links
- Average Weekly Wage
- Disability Classification
- Maximum and Minimum Weekly Benefits
- Other Benefits That May Apply
- Factors That Can Impact NY Workers’ Compensation Calculation
- Why Choose Meirowitz & Wasserberg as Your Workers’ Compensation Attorney in New York
- What Our Injured Workers Clients Are Saying
- Get Legal Help With Your Workers’ Comp Claim
Average Weekly Wage
A worker’s Average Weekly Wage (AWW) is a critical part of the formula used to calculate workers’ compensation benefits in New York. Your AWW is based on your gross earnings for the 52 weeks before the date of your injury, including overtime pay. This amount varies based on the average number of days per week that you worked. If you generally worked five days per week, your AWW will be set by dividing your total salary by the total number of days paid, multiplying the result by 260, and dividing that total by 52.
If you generally worked six days per week, your AWW will be set by dividing your total salary by the number of days paid, multiplying the result by 300, and dividing that by 52. If you generally worked four days per week or were a seasonal worker, your AWW might be set by dividing your total salary by the number of days paid, multiplying that by 200, and dividing by 52.
Disability Classification
If a work injury makes it impossible for you to return to your usual job, you are considered to have a disability under New York law. Disabilities can fall under one of four classifications depending on permanency and severity. These classifications include:
- Temporary Total Disability: You can’t work or earn wages, but only on a temporary basis. You are entitled to the full allowable wage benefit.
- Temporary Partial Disability: You have temporarily lost some ability to work and earn full wages.
- Permanent Total Disability: Your wage-earning capacity is permanently and totally lost, and the number of weeks payable is not limited.
- Permanent Partial Disability: Part of your wage-earning capacity has been permanently lost; the severity of your disability is measured when you have reached maximum medical improvement.
The state also recognizes degrees of disability based on how much the disability restricts your ability to function, including total disability (100 percent), marked disability (75 percent), moderate disability (50 percent), and mild disability (25 percent). When calculating your weekly disability benefit, the formula is as follows:
⅔ x Average Weekly Wage x Degree of Disability = Weekly Disability Benefit
For example, if you are determined to have a temporary partial disability with a 50 percent degree of disability and your Average Weekly Wage is $1,200, your weekly benefit would equal $400.
Schedule Loss of Use Awards
A Schedule Loss of Use award is a cash benefit that pays you for your loss of wage-earning capacity after an on-the-job injury caused a permanent functional impairment. Using this schedule, your award is calculated based on the body part you injured, the percentage of loss of function, and your Average Weekly Wage. Non-schedule Loss of Use is any permanent disability involving the spine, pelvis, lungs, heart, or brain, and awards are determined based on the worker’s loss of future wage-earning potential after maximum medical improvement.
Maximum and Minimum Weekly Benefits
In New York, the maximum weekly workers’ compensation benefit amount is based on the state’s average weekly wage for the previous calendar year. The benefit rate an injured worker receives is determined by the date of their injury and does not increase if new maximum benefits are adopted into law. For injuries that occur between July 1, 2025, and June 30, 2026, the maximum weekly benefit is $1,222.42. Injuries that occurred between July 1, 2024, and June 30, 2025, have a maximum weekly benefit of $1,171.46.
New York also has a set minimum weekly benefit for work-related injuries and illnesses. For injuries that occurred between May 2013 and December 2023, the minimum weekly benefit is $150. For injuries that occurred in 2024, the minimum is $275, and for 2025 injuries, the minimum weekly benefit is $325.
Other Benefits That May Apply
You or your family may be eligible for additional workers’ compensation benefits depending on the circumstances of your injury. If your injury resulted in permanent disfigurement to your face, head, or neck, you may be entitled to $20,000, depending on the date and extent of the injury. Some injured workers can also receive medical coverage as part of their workers’ compensation benefits.
If a work injury results in the death of the worker, their surviving spouse, children, or other dependents may be entitled to weekly cash benefits. Typically, these benefits equal two-thirds of the deceased worker’s average weekly wage for the year before the accident.
Factors That Can Impact NY Workers' Compensation Calculation
Workers’ compensation benefits often come from employers’ insurance companies, and each insurer has its own policies that may affect your compensation. Additionally, employer actions like delaying filing a claim or disputing your injury can affect how long it takes to process your claim and receive benefits. Many workers’ compensation claims are disputed if the insurer is unsure about the scope of the injury, what caused it, or how much compensation a worker is entitled to.
Why Choose Meirowitz & Wasserberg as Your Workers’ Compensation Attorney in New York
When filing a workers’ compensation claim, working with an experienced attorney can be beneficial, especially if the claim is complex or disputes arise with insurance companies. At Meirowitz & Wasserberg, our New York workers’ compensation attorneys have years of experience with state personal injury laws, negotiating with insurers, and navigating the legal complexities of the workers’ compensation system.
With over $500 million in verdicts and settlements recovered for our injured clients, Meirowitz & Wasserberg focuses on personalized client care and an aggressive litigation strategy to maximize each client’s compensation and ensure all eligible benefits are claimed.
“We are in the courts fighting for our clients every single day. We've worked cases up from beginning to the end. We're involved in a variety of different bar associations in support of injured people in New York. We have lobbied the New York State Assembly and the New York State Senate on measures that would help injured people, and we are very much committed to representing, fighting for, and advocating for the people of New York.”
What Our Injured Workers Clients Are Saying
Over the years, Meirowitz & Wasserberg’s skilled New York workers’ compensation attorneys have helped countless injured workers and their families get back on their feet after workplace accidents. Hear from some of our previous clients below.
- “Suffered from an injury after slipping and falling at work. My case was handled extremely well with this law firm, and I recommend them to anyone who may be in my same position.” – Google Review, Reece Carmody.
- “The construction company my brother was working for tried to fire him instead of paying for a workmans compensation claim, and Meirowitz & Wassenberg helped him get what he was due and make it an extremely easy and low-hassle experience!” – Google Review, Kellen Parish.
- “The lawyers at Meirowitz and Wasserberg were extremely helpful in helping me with my work injury case. Without them, I wouldn’t be in good standing, financially.” – Google Review, Brendan Neill.
- “I want to personally thank the lawyers at Meirowitz and Wasserberg for helping me when I was injured in an accident trucking for work. Their legal team is some of the best I have come across and were very professional with my case. Highly recommend.” – Google Review, Cameron Proffitt.
Get Legal Help With Your Workers’ Comp Claim
Understanding how workers’ compensation is calculated in New York can be complex, especially when you’re already dealing with the physical and emotional toll of an injury. If you’re facing a work-related injury and need help navigating the workers’ comp process, you don’t have to go through it alone. At Meirowitz & Wasserberg, we’re here to ensure you receive the compensation you deserve. Our experienced attorneys will fight for your rights and work to secure the maximum benefits, so you can focus on recovery and getting back to your life.
Meirowitz & Wasserberg is a nationally recognized personal mesothelioma & personal injury law firm made up of award-winning trial attorneys. We have helped several injured workers across New York successfully secure the compensation they are entitled to. Let us handle the legal challenges while you focus on healing. To get started on your workers’ compensation claim with a free consultation, contact us online or by calling 800-726-6326, extension 123.
