New York's Maximum Rate Rises.

Maximum rate rises to $808.65 per week.

The change applies to new claims with date of loss after July 1, 2014. The maximum workers’ compensation weekly benefit is two-thirds of the prior year’s New York State Average Weekly Wage (SAWW). The NYS Department of Labor has determined that the 2013 SAWW was $1,212.98, up 1% from 2012. As a result, the maximum weekly benefit for claims with a date of accident or disability from July 1, 2014 through June 30, 2015, is $808.65.

This benefit has more than doubled in the past seven years. Because Scheduled Loss of Use Awards are calculated by multiplying the temporary total disability rate by weeks of compensation, for high wage earners the value of scheduled losses has doubled in that time frame, significantly increasing costs to business in New York.

Minimum Benefit Remains $150

The minimum weekly benefit is unchanged at $150. This minimum weekly benefit applies to workers’ compensation claims with dates of accident or disability on or after May 1, 2013. The minimum benefit is subject to the existing limitation that the injured worker’s weekly benefit plus any actual earnings (or earning capacity) may not exceed the injured worker’s average weekly wage at the time the injury.

Prior Years’ Maximum and Minimum Rates

  • July 1, 2013 to June 30, 2014: Maximum $803.21 / Minimum $150
  • July 1, 2012 to June 30, 2013: Maximum $792.07 / Minimum $100
  • July 1, 2011 to June 30, 2012: Maximum $772.96 / Minimum $100
  • July 1, 2010 to June 30, 2011: Maximum $739.83 / Minimum $100
  • July 1, 2009 to June 30, 2010: Maximum $600 / Minimum $100
  • July 1, 2008 to June 30, 2009: Maximum $550 / Minimum $100
  • July 1, 2007 to June 30, 2008: Maximum $500 / Minimum $100
  • 1992 to 2007: Maximum $400 / Minimum $100

Tostay up to date on rate changes in New York and other related topics in workers’ compensation, join my mailing list:

Greg Lois is the managing partner of LOIS LLC, a 21-attorney law firm dedicated to defending employers and carriers in New York and New Jersey workers' compensation claims. Greg is the author of a popular series of "Handbooks" on workers' compensation, and is the co-author of the 2016 & 2017 Lexis-Nexis New Jersey Workers' Compensation Practice Guide. Greg can be reached at 201-880-7213 or glois@lois-llc.com