Workers Compensation:

New York Workers' Compensation Benefits

New York Workers’ Compensation law allows for several types of workers' compensation benefits for employees who become injured on the job or suffer a work-related illness. Below you can find a list of benefits that are offered under New York Workers’ Compensation Law.

Cash Benefits: These benefits are not offered during the first seven days of disability, unless the injury or illness extends past 14 days. In that case, the employee can receive cash benefits from the first workday away from the job. Medical care for the work-related injury or illness is offered no matter how long the disability lasts. Injured workers who are totally or partially disabled and cannot work for more than seven days will receive cash benefits. The amount a worker receives is based on their average weekly wage for the previous year.

Supplemental Benefits: These benefits are provided to injured or ill workers who are thought to be most affected by rising costs. The combination of supplemental benefits, weekly benefits and death benefits cannot exceed $215 per week. The two types of claimants that are eligible for supplemental benefits are:

  • Those who are permanently and totally disabled as a result of a work-related injury that occurred before Jan. 1, 1979
  • Widows or widowers receiving death benefits after a spouse died because of a work-related injury or accident before Jan. 1, 1979

Medical Benefits: A worker who suffers a work-related injury or illness will receive the necessary medical treatment directly related to that injury or illness. The treating medical provider must be approved by the Workers’ Compensation Board, except when an emergency exists.

Social Security Benefits: An employee who becomes seriously disabled (permanently or for at least 12 months) may be eligible for social security benefits. For more information on social security benefits, call the nearest Field Office of the Social Security Administration.

Death Benefits: If an employee dies as a result of a work-related injury or illness, their spouse, minor children and other dependants may be eligible to death benefits. These family members will be paid two-thirds of the deceased worker’s average weekly wage.

If you have further questions regarding workers’ compensation benefits in New York or if you were denied benefits, fill out our free case evaluation form. Our New York workers’ compensation attorneys will evaluate your workers' compensation claim, at no cost to you, to determine whether you are eligible for benefits.