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Firm News

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
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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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