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Firm News

New York’s Benefit Rate Increases Today.

New Rate.

For workers’ compensation claims with dates of accident or dates of disablement during the period from July 1, 2016 through June 30, 2017, the maximum weekly benefit rate will be $864.32. This is an increase from the old rate which was set at $844.29.

How is the Maximum rate Calculated?

Since July 1, 2010, the maximum weekly benefit rate for workers’ compensation claimants has been two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)). The Department of LaborLink to External Website reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2015 was $1,296.48.

Prior Maximum rates.

Date of Accident Weekly * Maximum (Total/Partial)
July 1, 1985 – June 30, 1990 * $300 / $150
July 1, 1990 – June 30, 1991 * $340 / $280
July 1, 1991 – June 30, 1992 * $350 / $350
July 1, 1992 – June 30, 2007 * $400 / $400
July 1, 2007 – June 30, 2008 * $500 / $500
July 1, 2008 – June 30, 2009  * $550 / $550
July 1, 2009 – June 30, 2010  * $600 / $600
July 1, 2010 – June 30, 2011  * $739.83
July 1, 2011 – June 30, 2012 * $772.96
July 1, 2012 – June 30, 2013  * $792.07
July 1, 2013 – June 30, 2014  * $803.21
July 1, 2014 – June 30, 2015  * $808.65
July 1, 2015 to June 30, 2016 *  $844.29

Download the New York Workers’ Compensation Law Handbook

Download Our New York Workers’ Compensation Law Handbook

The 2023 edition of Gregory Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

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Learn More About New York Workers’ Compensation Defense at LOIS

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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