New York Workers' Comp Max Weekly Benefit 2026: $1,281.50 Explained

New York changed two numbers on July 1, 2026, and one of them changed in a way it hadn't for years. The maximum weekly benefit rose with wages, as it does every July. The minimum, which sat at $150 a week for more than a decade, is now tied to the state average wage for the first time. If you were hurt at work in New York this year, this is what your lost-wage check should look like.

The basic formula

New York pays two-thirds of your average weekly wage while you are totally disabled. Your average weekly wage is generally based on your gross earnings in the year before the injury.

That two-thirds is limited by a weekly maximum and minimum tied to the New York State Average Weekly Wage (NYSAWW) for the previous calendar year, which the Department of Labor reported as $1,922.25 for 2025.

2026–2027 maximum and minimum

For injuries from July 1, 2026 through June 30, 2027, the Workers' Compensation Board set:

• Maximum weekly benefit: $1,281.50, two-thirds of the NYSAWW.
• Minimum weekly benefit: $384.45, one-fifth of the NYSAWW, or your actual weekly wage if that is lower.

The minimum has moved quickly. It was $150 until the end of 2023, rose to $275 in 2024 and $325 in 2025, and from July 2026 it adjusts automatically each year. For low-wage and part-time workers, that is the most significant change in New York comp benefits in a generation.

Average weekly wage	Weekly benefit (injury after July 1, 2026)	Why
$350	$350.00	Minimum, but not more than actual wage
$500	$384.45	Two-thirds is $333.33, raised to the minimum
$1,500	$1,000.00	Two-thirds of the wage
$2,400	$1,281.50	Capped at the maximum

The rate depends on the date of injury. A worker hurt in May 2026 is on the previous year's table, even if the case is still open in 2027. The calculator only covers injuries from July 1, 2026, because that is the table we have verified from the Board's notice.

The first week

The first seven days of disability are unpaid. If the disability continues beyond 14 days, those first seven days are paid too.

So a worker earning $1,500 a week who is out 12 days receives five days of benefits, about $714. If the same worker is out 20 days, all 20 are paid, about $2,857.

Going back at lower pay

Many New York claimants return to work before they fully recover, at reduced hours or in a lighter job. The Board can then award two-thirds of the difference between your average weekly wage and what you now earn, which New York calls reduced earnings.

Example: you averaged $1,500 a week, and your light-duty job pays $900. The difference is $600, and two-thirds of it is $400 a week, on top of the $900 paycheck.

Is the maximum enough?

For many New York workers it isn't. Anyone earning more than about $1,922 a week hits the cap, so a worker making $2,400 a week replaces barely more than half of gross pay. Because workers' comp is not taxed, the gap is smaller than it looks, but higher earners still often notice it. Some carry private disability insurance for that reason.

Partial disability after recovery

Once your condition stabilizes, a doctor may find you have a permanent partial disability. In New York, injuries to arms, legs, hands, feet, eyes and hearing are paid as schedule loss of use awards: a fixed number of weeks for each body part, multiplied by the percentage of use you lost. Injuries to the back, neck and other body parts are classified and paid based on your loss of wage-earning capacity. Both are calculated separately from the temporary benefits on this page.

New York also pays up to $20,000 for serious facial, head, neck or chest disfigurement, and a maintenance allowance of up to $30 a week during approved vocational rehabilitation.

What to do in the first two weeks after a New York work injury

The first days after an injury decide how smoothly the rest of the claim goes. Most delays and disputes trace back to something that was missed early, so it helps to work through a short list.

1. Get medical care and say it happened at work. Tell the clinic or emergency room that the injury is work-related, so the records and the bill go to workers' comp rather than your health insurance.
2. Report the injury to your employer. Notify your employer in writing within 30 days. Report it in writing, even if you also told a supervisor in person, and keep a copy or a photo of what you sent.
3. File the claim. File the Employee Claim (Form C-3) with the Workers' Compensation Board within two years of the accident. Your employer's report does not replace it.
4. Ask for the work status note. After each visit, ask the doctor for written work restrictions or an off-work note, and give a copy to your employer. Benefits follow those notes.
5. Save your pay records. Gather pay stubs for the period your state uses to set the average weekly wage. You'll need them to check the first payment.
6. Write things down. Keep a simple log of calls with the adjuster, dates of appointments and days missed. It takes minutes and settles most later arguments.

If your New York check is late or looks wrong

Start with the numbers. Divide your weekly check by your average weekly wage and compare the result with the formula above. If it is lower than it should be, the usual causes are an average weekly wage that left out overtime or part of the look-back period, the wrong year's rate table, or days counted under the waiting period that should have been paid back.

Then ask the insurer, in writing, for the wage statement and the calculation it used. Most errors are corrected at this stage once you send pay stubs that show the difference. If payments have stopped without a written explanation, or the insurer won't correct a clear mistake, contact the Workers' Compensation Board's Advocate for Injured Workers. State agencies run ombudsman or customer-assistance programs for injured workers, and a workers' compensation attorney can review the claim; in most states their fees are limited by law and come out of the benefits recovered rather than being billed up front.

Questions New York workers ask most

Does the new minimum apply to my old claim? No. Minimums and maximums are fixed by the date of injury.

Is the maximum the same for everyone? Yes. The maximum doesn't change with family size or dependents.

Are benefits taxable? No. Workers' compensation is not subject to federal or New York State income tax.

Can I work another job while collecting? Any earnings must be reported to the Board and the insurer, because they affect the reduced-earnings calculation.

Try the calculator

Use the New York workers' comp calculator to check your weekly rate under the July 2026 table, including the wage-capped minimum and the 14-day rule for the first week.

Sources

• New York Workers' Compensation Board, Subject Number 046-1805: new maximum and minimum weekly benefit rates
• Lipsitz Green Scime Cambria, New maximum and minimum lost wage benefit for injured workers in New York State
• J. J. Keller, Workers' compensation: New York
• New York Workers' Compensation Law §§12, 15