Workers’ compensation benefits provide vital support for injured workers in New York, but how long do those benefits last? The answer depends on the nature and severity of your injury, your ability to work, and a few other key factors. If you’re recovering from a work injury, here’s what you should know about how long benefits could continue.
What Affects the Duration of Workers’ Comp Benefits?
Several elements can impact how long you may receive benefits through New York’s workers’ compensation system:
- Type and severity of injury
- Whether you can return to work (and when)
- How much your earnings have been affected
- Type of workers’ compensation benefit awarded
Some workers may receive benefits for only a few weeks, while others, especially those with serious, life-altering injuries may qualify for ongoing support or a lump-sum settlement.
How Long Can Benefits Last?
The duration of your benefits is usually determined after you reach what’s called Maximum Medical Improvement (MMI). Once you reach MMI, a doctor or judge will evaluate your lasting impairment and assign a “loss of wage earning capacity” percentage. This is used to calculate how many weeks you’ll receive ongoing payments.
The length of time you can receive benefits based on the degree of your disability is as follows
| Earning Capacity Loss | Duration of Benefits (in weeks) |
|---|---|
| Greater than 95% | 525 weeks |
| 91% – 95% | 500 weeks |
| 86% – 90% | 475 weeks |
| 81% – 85% | 450 weeks |
| 76% – 80% | 425 weeks |
| 71% – 75% | 400 weeks |
| 61% – 70% | 375 weeks |
| 51% – 60% | 350 weeks |
| 41% – 50% | 300 weeks |
| 31% – 40% | 275 weeks |
| 16% – 30% | 250 weeks |
| Less than 15% | 225 weeks |
If you receive a permanent total disability, benefits can continue for life. Temporary disability benefits, on the other hand, end once you return to work or reach MMI.
Maximum Weekly Workers’ Compensation Benefits
The amount you receive in weekly workers’ compensation checks depends on your average weekly wage (AWW) and the degree of your disability, up to a maximum set by New York State. Generally, the benefit is calculated as two-thirds of your AWW, multiplied by your percentage of disability. For example, if your AWW is $900 and you are found to be 100% disabled, your weekly benefit would be $600, unless it exceeds the state maximum.
From July 1, 2024, to June 30, 2025, the maximum weekly benefit is $1,171.46. For injuries occurring between July 1, 2025, and June 30, 2026, the maximum increases to $1,222.42. If your disability is partial, your weekly amount will be a proportion of this cap based on your determined disability percentage. These caps are updated annually, so verifying the current year’s limit or consulting with an attorney is important.
Get the Answers You Need, Contact Eric M. Nass, Attorney at Law, PLLC
If you or a loved one was injured at work, Eric M. Nass, Attorney at Law, PLLC can help you understand your options and the timeline for your workers’ compensation benefits. Contact us today through our contact form or call 212-300-9881 for a free consultation.
We’ll answer your questions, explain your rights, and help you pursue the compensation you need to support your recovery.