New York Workers' Comp Weekly Benefit Calculator 2025

Workers comp pays two-thirds of your average weekly wage. The maximum weekly benefit is $1,222.42 for injuries after July 1, 2025. Benefits equal 66% of your pre-tax earnings up to the legal limit. Your disability percentage also affects the final payment amount.

Average weekly wage uses your payroll records from the year before your accident. You divide total yearly earnings by 52 weeks for most cases. Part-time workers use a different formula based on days worked and annual salary. The calculation includes overtime pay and bonuses from all jobs.

The formula is: 2/3 × average weekly wage × disability percentage = weekly benefit. You get two-thirds of your average weekly wage subject to maximum limits. The final amount cannot exceed the state maximum. Minimum benefits also apply to protect low-wage workers.

You must be out of work for more than seven days to receive cash payments. If you're out over two weeks, payments start from day one of injury. The waiting period only applies to wage replacement benefits. Medical benefits start immediately regardless of time off work.

Injuries that arise out of and during the course of employment are covered. Work-related accidents, illnesses, and occupational diseases qualify. Injuries must happen at work or while doing work duties. Pre-existing conditions can be covered if work makes them worse.

You can request your preferred doctor for treatment. The insurance company may require their approved medical provider initially. You have rights to seek second opinions. Emergency medical care can happen at any hospital or clinic.

Settlement amounts vary based on injury severity and future medical needs. Permanent disability cases typically receive higher settlements. Schedule loss of use awards depend on body part and disability percentage. Settlements must be approved by the Workers' Compensation Board.

Workers compensation benefits are not taxable income. You don't pay federal or state taxes on these payments. This applies to both weekly wage benefits and settlements. Medical benefits and vocational rehabilitation are also tax-free.

Workers comp lasts until you reach maximum medical improvement. Temporary benefits continue while you recover and cannot work. Permanent disability may result in ongoing weekly payments. Benefit rates are locked based on your injury date.

Employers without workers comp insurance face serious legal penalties. You can still file a claim through the state's uninsured employer fund. You may also sue your employer directly for damages. The state will pursue your employer for reimbursement of benefits paid.