Workers' comp weekly benefit in New York: how much it pays

Lost wage benefits (temporary total disability) can pay two-thirds of your gross (before-tax) wages, up to $1,281.50 a week (July 1, 2026 to June 30, 2027).

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

Weekly benefit in New York

What it pays

Two-thirds of your gross (before-tax) wages

Maximum

$1,281.50 a week (July 1, 2026 to June 30, 2027)

Minimum

$384.45 a week (July 1, 2026 to June 30, 2027)

Minimum rule

The minimum is one-fifth of the New York State average weekly wage. If your own weekly wage is that amount or less, you receive your full weekly wage instead.

Law: $384.45 a week for accidents from July 1, 2026 to June 30, 2027

Applies to

Accidents (or disablement from occupational disease) from July 1, 2026 to June 30, 2027

How your wages are figured

Your average weekly wage is usually based on what you earned in the year before the injury: the average daily wage times 260 (five-day worker) or 300 (six-day worker), divided by 52. Report your gross pay (before taxes), any lodging or tips, and the names of any other employers you worked for when you were hurt.

How long it can last

Temporary total disability is paid for as long as the total disability continues. Benefits for permanent partial disability have their own week limits.

Lost wage benefits for total disability are two-thirds of your average weekly wage (before taxes). For accidents from July 1, 2026 to June 30, 2027 the most you can get is $1,281.50 a week and the least is $384.45 a week, or your full wage if it is lower. The limits change every July 1, and your rate is set by your date of injury.

Law: N.Y. Workers' Comp. Law §§ 14, 15(2), 15(6)

Source: wcb.ny.gov

Changes in 2024–2026

The minimum weekly benefit rose to $275 (accidents in 2024), then $325 (January 1, 2025 to June 30, 2026), and for accidents on or after July 1, 2026 it is one-fifth of the state average weekly wage. The maximum for accidents from July 1, 2026 is $1,281.50. Section 10(3)(c) lets any covered employee claim post-traumatic stress disorder, acute stress disorder or major depressive disorder from extraordinary work-related stress tied to a distinct work event. The FY2026-27 state budget enacted 'Universal Authorization', which from January 1, 2028 lets any eligible licensed medical provider in good standing treat injured workers.

Law: $384.45; Workers' Comp. Law § 15(6); was $1,222.42

Benefit estimate calculator

Estimate your weekly benefit with the calculator

Sources

The official sources for New York are listed on the New York page.

National rules that may also matter

Taxes, Social Security, leave and the ADA

Taxes on workers' compensation Workers' compensation benefits for a work injury or illness are fully exempt from federal income tax when they are paid under a workers' compensation law. Pay you get for doing light-duty work is taxable as wages. If your workers' compensation reduces your Social Security benefits, that part may be taxable as Social Security benefits. Federal employees: FECA compensation is not taxable, but continuation of pay (up to 45 days) and sick leave pay while a claim is decided are taxed as wages.

Law: IRS Publication 525 (2025), Workers' Compensation; 26 U.S.C. 104(a)(1)

Social Security disability and workers' compensation If you get Social Security disability benefits and workers' compensation at the same time, Social Security may reduce its benefit. The reduction applies when your Social Security benefits (including benefits paid to your family on your record) plus your workers' compensation are more than 80% of your 'average current earnings', or more than your family's Social Security benefit before the reduction, if that is higher. A lump-sum workers' compensation settlement can also be counted. The reduction stops when you reach full retirement age. It does not apply when the state law paying your workers' compensation reduces that benefit instead for people on Social Security, if that state rule was in place on February 18, 1981.

Law: 42 U.S.C. 424a(a), (b), (d); SSA POMS DI 52101.001, DI 52105.001

Job-protected leave (FMLA) The Family and Medical Leave Act gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a serious health condition, and keeps your group health coverage. It covers private employers with 50 or more employees in at least 20 workweeks of this year or last year, all public agencies, and public and private elementary and secondary schools. You are eligible if you worked there at least 12 months, worked at least 1,250 hours in the 12 months before the leave, and work at a site with at least 50 employees within 75 miles. Time off for a work injury can count as FMLA leave if your employer designates it. If your doctor clears you only for light duty, you may turn down a light-duty job and stay on unpaid FMLA leave until it runs out, but you may lose workers' compensation payments.

Law: 29 U.S.C. 2601 et seq.; 29 CFR 825.207(e); DOL Wage and Hour Division, Family and Medical Leave Act

Disability rights when you go back to work (ADA) Not every work injury is a 'disability' under the Americans with Disabilities Act. If yours is, an employer with 15 or more employees may have to make a reasonable accommodation, unless it would cause undue hardship, for example by moving minor (marginal) duties you cannot do to other workers or changing your schedule. The employer does not have to remove the essential functions of the job.

Law: 42 U.S.C. 12111(5)(A); EEOC Enforcement Guidance: Workers' Compensation and the ADA (Notice 915.002)

In these states, the state reduces some or all types of workers' compensation for people who also get Social Security disability, so Social Security does not reduce its benefit for those payments.

States that reduce workers' comp when you also get Social Security disability: Alaska, California, Colorado, Florida, Louisiana, Minnesota, Montana, New Jersey, New York, North Dakota, Ohio, Oregon, Washington, Wisconsin.