New York provides 66.67% of the average weekly wage for temporary total disability with no maximum duration. All employers must carry workers' compensation insurance. The state has a 7-day waiting period, retroactive after 14 days.
Your Estimated Workers' Comp Benefits
State
Compensation Rate
Calculated Weekly Benefit
State Max Weekly Benefit
Your Weekly Benefit
Waiting Period
Disability Duration
Total Wage Replacement
Medical Coverage Estimate
Total Estimated Compensation
Note: Workers' comp generally covers 100% of reasonable and necessary medical expenses. The medical coverage estimate shown reflects your entered expenses. Actual coverage may be higher if additional treatment is needed.
Example: New York Workers' Comp Calculation
Suppose a worker in New York earning $1,000 per week suffers a temporary total disability lasting 12 weeks with $10,000 in medical bills:
- Weekly benefit: $1,000 x 66.7% = $667/week
- Capped at state max: $667/week (within cap)
- Total wage replacement: $8,000 (12 weeks)
- Medical coverage: $10,000 (100% of reasonable expenses)
- Total estimated compensation: $18,000
Frequently Asked Questions - New York Workers' Comp
What is the maximum weekly workers' comp benefit in New York?
The maximum weekly workers' compensation benefit in New York is $1,145. This cap is applied after calculating your benefit as 66.7% of your average weekly wage. If your calculated benefit exceeds this maximum, you will receive the maximum amount.
How long is the waiting period for workers' comp in New York?
New York has a 7-day waiting period before wage replacement benefits begin. If your disability lasts more than 14 days, benefits become retroactive and you'll be paid for the waiting period as well.
How long do I have to file a workers' comp claim in New York?
In New York, you have 2 years from the date of injury to file a workers' compensation claim. You should report the injury to your employer as soon as possible, typically within 30 days, to protect your rights.
Is New York a monopolistic workers' comp state?
No, New York is not a monopolistic state. Employers can purchase workers' compensation insurance from private insurers or, in some cases, self-insure if they meet certain financial requirements.
How is the average weekly wage calculated in New York?
In New York, the average weekly wage (AWW) is typically calculated by taking your total earnings over a 52-week period (or shorter if employed less than a year) and dividing by the number of weeks worked. This includes regular wages, overtime, bonuses, and other forms of compensation.
