In New York, temporary total disability (TTD) benefits are paid at 67% of your average weekly wage, capped at $1,281.50 per week, for no statutory limit, administered by the New York Workers' Compensation Board.
Temporary disability benefits in New York replace a portion of your income while you recover from a work injury and cannot work at your pre-injury capacity. There are two types: Temporary Total Disability (TTD), paid when you are completely unable to work, and Temporary Partial Disability (TPD), paid when you can work in a limited capacity but earn less than your pre-injury wage. In New York, the TTD rate is 67% of your average weekly wage (AWW), up to $1,281.50 per week, and can last no statutory limit.
TTD begins after the state's waiting period (typically 3-7 days) and continues until you return to work, reach Maximum Medical Improvement (MMI), or exhaust the state's maximum benefit period. At MMI, your treating physician will evaluate whether you have any permanent impairment and issue a rating. TPD pays 67% of the wage differential between your pre- and post-injury earnings, up to $1,281.50 per week.
Disputes about temporary disability benefits are common. Employers and insurers may challenge your treating physician's opinion with an Independent Medical Examination (IME) or argue that you have reached MMI before you believe you have. In New York, you have 30 days to challenge an insurer's decision to reduce or terminate temporary disability benefits by filing with the New York Workers' Compensation Board.
| State | New York |
|---|---|
| Administering Authority | New York Workers' Compensation Board |
| TTD Rate | 67% of average weekly wage |
| Maximum Weekly Benefit | $1,281.50 |
| Maximum TTD Duration | No statutory limit |
| Appeal Deadline | 30 days |
Temporary Total Disability (TTD) in New York pays 67% of your AWW (up to $1,281.50/week) when you are completely unable to work. Temporary Partial Disability (TPD) pays 67% of the wage difference between your pre-injury and post-injury earnings when you can work in a limited capacity.
In New York, TTD benefits can last no statutory limit. Benefits end when you return to pre-injury work, reach Maximum Medical Improvement (MMI), or exhaust the maximum period. If you are approaching the maximum and still cannot work, consult an attorney immediately about permanent disability options.
Temporary disability in New York ends when: (1) you return to work at your pre-injury wage; (2) your physician declares Maximum Medical Improvement (MMI), meaning further treatment won't meaningfully improve your condition; or (3) you reach the state's maximum TTD duration of no statutory limit. At MMI, your claim transitions from temporary to permanent status.
Generally no. Workers comp TTD benefits and unemployment insurance are mutually exclusive in most states. Unemployment insurance requires you to be able and available for work; TTD requires you to be unable to work. Receiving both simultaneously is considered fraud in New York and can result in repayment demands and criminal charges.
When TTD benefits exhaust in New York, either at Maximum Medical Improvement or the no statutory limit statutory limit, your claim transitions to permanent status. If you have permanent impairment, your physician rates it and you may receive a permanent partial disability (PPD) award. If you cannot return to any work, you may qualify for permanent total disability (PTD) or vocational rehabilitation.
Workers comp TTD and Social Security Disability Insurance (SSDI) are separate federal and state programs. You can apply for SSDI while receiving workers comp TTD, but an offset rule applies: combined workers comp and SSDI cannot exceed 80% of pre-injury average current earnings. If they do, Social Security reduces the SSDI payment, not your workers comp benefit.
From New York Workers' Compensation Board and New York law. Checked October 2026. Each rule links to its official source.
| Weekly benefit | Two-thirds of average weekly wage, multiplied by the medically determined degree of disability (100% for total disability). Source |
|---|---|
| Weekly maximum | $1,281.50 per week for injuries from July 1, 2026 through June 30, 2027 (minimum $384.45). Resets every July 1. Source |
| Waiting period | No wage benefits for the first 7 days; if disability lasts more than 14 days, paid back to the first day missed. Source |
| Tell your employer | Tell your employer in writing within 30 days of the injury. Source |
| Deadline to file a claim | File Form C-3 with the Workers' Compensation Board within two years of the injury or illness. Source |
| Settlement approval | Yes. Section 32 Waiver Agreements bind only after approval by the New York Workers' Compensation Board. Source |
| Attorney fees | No single percentage cap. Fees are unenforceable unless the Board approves them; WCL 24 sets fee formulas for certain award types. Source |
Rules change. Confirm deadlines with New York Workers' Compensation Board or a licensed workers comp attorney before you rely on them.