New York Workers' Compensation Calculator
Estimate NY workers' comp benefits — 2026 max $1,281.50/wk, Loss of Wage-Earning Capacity (LWEC) non-schedule PPD, 2025 Protection in the Workplace Act dual-recovery exception
New York workers' compensation claims are governed by WCL §§1-174 (Workers' Compensation Law) (NY WC Framework): Exclusive remedy + WC Board jurisdiction. Of the 5 landmark New York workers' compensation awards documented on this page, the largest is $700K (Catastrophic / PTD (lifetime benefits continue)).
🏙 NY 2026: Max weekly $1,281.50. LWEC-based PPD up to 525 weeks. 2025 Protection in Workplace Act opens DUAL recovery for sexual offense injuries.
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$3,500 — $8,500
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Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
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New York Workers' Compensation in 2026
New York Workers' Compensation is administered by the Workers' Compensation Board (WCB) under the WCL (Workers' Compensation Law). Exclusive remedy under WCL §11 bars civil suits against the employer for work-related injuries — but with growing exceptions, most notably the 2025 Protection in the Workplace Act permitting dual recovery (WC + civil tort) for sexual offense injuries.
2026–27 benefit rates (effective July 1, 2026 through June 30, 2027): maximum weekly benefit $1,281.50 — among highest east of California. TTD rate is 66.67% of the injured worker's Average Weekly Wage (AWW). Waiting period: 7 calendar days, retroactive to day 1 if disability exceeds 14 days. Max weekly resets July 1 each year based on prior-year Statewide AWW.
Non-schedule Permanent Partial Disability (PPD) — covering back, neck, head, and other non-extremity injuries — is paid for up to 525 weeks based on Loss of Wage-Earning Capacity (LWEC), a percentage determined by age, education, work history, and injury severity. LWEC assessments are heavily litigated. Schedule awards for extremity injuries (arm 312 weeks, leg 288 weeks) are more predictable.
Key New York Workers' Comp Statutes
NY Workers' Comp operates under several key statutes and doctrines:
WCL §§1-174 (Workers' Compensation Law)
NY WC FrameworkStandard: Exclusive remedy + WC Board jurisdiction
Scope: Administered by NY Workers' Compensation Board (WCB)
WCL §11
Exclusive RemedyStandard: WC bars civil suits against employer
Scope: Exceptions: intentional tort, no WC coverage, dual capacity, 2025 Protection in the Workplace Act (sexual offense dual recovery)
WCL §15 (PPD Schedule)
Schedule AwardsStandard: Arm 312 weeks, Leg 288 weeks, etc.
Scope: Fixed weeks per body part for schedule injuries
WCL §15(3)(w) — LWEC
Loss of Wage-Earning CapacityStandard: Non-schedule PPD paid up to 525 weeks
Scope: Back/neck assessed on age + education + work history + injury — highly litigated
Benefits + 2026 Rate Structure
TTD (Temporary Total Disability): 66.67% of AWW, capped at $1,281.50/week (July 2026–June 2027). Paid while totally disabled from work. PPD non-schedule: up to 525 weeks at LWEC percentage. PPD schedule: fixed weeks per body part (arm 312, leg 288, eye 160). PTD (Permanent Total Disability): no lifetime cap — continues until death. Waiting period: 7 calendar days; retroactive to day 1 if disability exceeds 14 days. Medical: covered for life for compensable injuries. Subrogation lien under WCL applies to any third-party tort recovery, reduced by attorney fees and fault allocation.
Exclusive Remedy Exceptions
WCL §11 bars employer suits generally, with narrow exceptions: (1) Intentional torts by employer — very high bar, rarely successful. (2) Employer failed to obtain WC coverage — plaintiff can sue in tort + collect from Uninsured Employer Fund. (3) Dual capacity doctrine — employer acting in second non-employer capacity (e.g., manufacturer of product). (4) Protection in the Workplace Act (2025): sexual offense injuries permit dual recovery — plaintiff can collect WC AND sue employer in tort. Major expansion of exceptions. Third-party claims against non-employers are fully preserved; employer/carrier holds subrogation lien under WCL §29.
Benefit Maximums + Durations
Max weekly benefit: $1,281.50 (July 2026–June 2027, two-thirds of NYS AWW). Min weekly: not separately published — rate-dependent. TTD duration: no statutory cap while totally disabled. PPD non-schedule: up to 525 weeks total. PPD schedule: body-part-specific fixed weeks. PTD: no lifetime cap. Medical benefits: no cap — lifetime for compensable injuries. Death benefits: paid to dependents at weekly rate until eligibility ends. Coordination with Social Security Disability may reduce SSDI (SSA offset rule).
NY Workers' Comp Settlement Ranges
NY WC settlements are benchmarked against severe-case PTD scenarios and schedule-award values:
| Amount | Year | Case / Injury |
|---|---|---|
| $1K | 2026 | |
| $700K | — | — Catastrophic / PTD (lifetime benefits continue) |
| $200K | — | — Back surgery (fusion / herniated disc) |
| $111K | — | — Shoulder rotator cuff surgery |
| $50K | — | — Shoulder rotator cuff (lower typical) |
New York Workers' Comp FAQs
What is the maximum weekly benefit in New York Workers' Comp for 2026?
For injuries on or after July 1, 2026 through June 30, 2027, the maximum weekly benefit is $1,281.50 — two-thirds of the New York State Average Weekly Wage. This resets each July 1 based on the prior year's SAWW. The figure is statutory per WCL §15.
Can I sue my employer in New York for a work injury?
Generally no — WCL §11 is exclusive remedy. Exceptions: (1) intentional torts (extremely narrow — employer must specifically intend the injury). (2) Employer failed to secure WC coverage. (3) Dual capacity (employer wore a second hat). (4) NEW 2025: Protection in the Workplace Act permits dual recovery (WC + tort) for sexual offense injuries. Most injured workers' path to additional compensation is third-party claims against non-employer defendants.
What is LWEC and how does it affect my PPD?
Loss of Wage-Earning Capacity (LWEC) is a percentage (typically 25-75%) assigned to non-schedule PPD injuries (back, neck, head, internal). The WCB assesses it based on age, education, work history, transferable skills, and injury severity. Your PPD payment = LWEC% × 525 weeks × weekly rate. A 50% LWEC = ~262 weeks of benefits. LWEC is heavily litigated — defense often argues low LWEC; plaintiffs push for high. Vocational rehabilitation records and functional capacity evaluations are critical evidence.
How does New York handle third-party claims?
Fully preserved under WCL §29. If a non-employer (equipment manufacturer, other contractor, property owner) caused your injury, you can collect WC from your employer AND sue the third party in tort. Recovery in the third-party case is reduced by the employer/carrier's subrogation lien for WC benefits paid, minus your attorney fees pro-rata. Net recovery typically 40-60% of gross. Third-party claims often substantially exceed WC-only compensation because pain & suffering + full lost wages are recoverable.
What are typical New York Workers' Comp settlement values?
Depends heavily on injury severity, body part, LWEC assessment, and settlement type (full/final Section 32 vs continuing benefits). Ranges: minor (sprains, soft tissue): $10K-$30K. Back surgery (herniated disc, fusion): $97K-$200K. Shoulder rotator cuff: $50K-$111K. Knee replacement/multi-joint: $80K-$200K. Catastrophic / PTD: $300K-$700K+ or lifetime continuing benefits. Section 32 settlements require WCB approval and eliminate future medical coverage — carefully weigh this tradeoff.
Pending NY WC Issues
Active legal developments (as of April 2026):
- Max weekly benefit resets July 1 based on prior-year SAWW — 2026 July rate not announced as of research date.
- FY2026 Budget: resident physicians authorized to treat WC patients; insurer may pay medical without accepting liability for 12 months (effective Jan 1 2027).
- 2025 Protection in the Workplace Act — sexual offense injuries permit DUAL recovery (WC + civil tort), new exception to exclusive remedy.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.wcb.ny.gov/content/main/Workers/ScheduleMaxWeeklyBenefit.jsp
- nylaw.net/new-workers-comp-benefit-rates-take-effect-july-1-2025-what-injured-workers-need-to-know
- secure.ssa.gov/poms.nsf/lnx/0452120175
Other State Workers Compensation Calculators
California
$1,764.11/wk max (highest), SIBTF + 5 exclusive remedy exceptions
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Texas
$1,271/wk, unique non-subscriber option, LIB + 3% COLA
Illinois
Lifetime uncapped medical, §19(k) delay penalties
Main Workers Comp Calculator
Nationwide overview + benefits calculator
All Workers Compensation Calculators by State
Other Calculators for New York
Each New York calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses New York verdict data where available.