In New York, workers comp weekly benefits are paid at 67% of your average weekly wage, capped at $1,145 per week, and can last no statutory limit, as set by the New York Workers' Compensation Board.
Workers compensation weekly benefits in New York are calculated at 67% of your average weekly wage (AWW), capped at $1,145 per week. This is your temporary total disability (TTD) rate — the amount you receive each week while you are completely unable to work due to a work-related injury. AWW is calculated based on the 52 weeks of earnings prior to your injury date, divided by the number of weeks you actually worked, as required by New York Workers' Compensation Board.
New York allows an unlimited number of weeks of temporary disability benefits — one of the more generous duration limits among U.S. states. TTD benefits continue until you return to work, reach Maximum Medical Improvement (MMI), or exhaust the state's maximum benefit period, whichever comes first.
Most workers comp waiting periods are 3 to 7 days — meaning your first check doesn't arrive until you have missed that many days of work. However, if you remain disabled beyond a retroactive threshold (usually 14–21 days), the waiting period days are typically paid retroactively. Be sure to report your injury to your employer on the date it occurs to preserve your right to full benefit payment from the first eligible day.
| State | New York |
|---|---|
| Administering Authority | New York Workers' Compensation Board |
| TTD Benefit Rate | 67% of average weekly wage |
| Maximum Weekly Benefit | $1,145 |
| Maximum TTD Duration | No statutory limit |
| Appeal Deadline | 30 days from denial |
In New York, your weekly benefit is 67% of your average weekly wage (AWW), but no more than $1,145 per week. AWW is your total gross wages over the past 52 weeks divided by the weeks you worked. For example, if you earned $60,000 over 50 weeks, your AWW is $1,200 and your weekly benefit would be $800.04.
In New York, temporary total disability (TTD) benefits can last no statutory limit. Benefits end when you return to work, reach Maximum Medical Improvement (MMI), or reach the statutory maximum — whichever comes first.
If your employer or insurer disputes your AWW calculation in New York, you have 30 days to file a formal dispute with the New York Workers' Compensation Board. Keep all pay stubs and time sheets for the past 12 months.
Yes. Most states — including New York — impose a waiting period of 3 to 7 days before benefits start. If you are disabled beyond the retroactive threshold (typically 14–21 days), the waiting period days are usually paid retroactively, so a long-term injury results in benefits from day one.
In New York, your AWW typically includes regular wages, predictable overtime, shift differentials, and in some cases regular bonuses or tips. Housing allowances and other fringe benefits may also count. One-time bonuses and irregular income are generally excluded. The New York Workers' Compensation Board provides specific guidance on AWW components.
Yes. If you return to work in a limited capacity earning less than your pre-injury wage, you transition from Temporary Total Disability (TTD) to Temporary Partial Disability (TPD) — also called wage differential benefits. TPD pays 67% of the gap between your pre-injury and current earnings, up to $1,145 per week.
Workers compensation weekly benefits are generally not subject to federal income tax under IRC Section 104(a)(1). They are also exempt from Social Security and Medicare (FICA) taxes. If you receive both workers comp and SSDI simultaneously, an offset rule may reduce your SSDI payment if combined benefits exceed 80% of pre-injury earnings.