["Workers' Compensation"]
["Workers' Compensation"]
01/14/2025
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Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Effective January 1, 2025, New York employees may file for workers’ compensation for specific types of mental health injuries based on extraordinary work-related stress.
Also effective January 1, 2025, the minimum workers’ compensation weekly benefit increased to $325 per week from $275 per week in 2024. Before January 1, 2024, the minimum weekly benefit had been $150 per week for more than a decade.
Effective July 1, 2026, the minimum weekly benefit will be indexed to the NYS Average Weekly Wage (AWW). The institution of annual increases in the minimum weekly benefit, and eventual indexing to the NYSAWW, will ensure the minimum weekly benefit is more equitable to injured workers.
Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employer, or group of employers.
Exemptions from WC: Agricultural employers unless the farmer’s total cash wage remuneration paid to all farm laborers during the preceding calendar year amounts to $1,200 or more. Farm workers supplied to a farmer by a farm labor contractor would be deemed to be employees of the farmer.
Medical benefits provided: Full.
Physician selection: Employee selects physician from a list prepared by state agency.
Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability.
Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability.
Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for duration of disability (payable in a lump sum upon the employee’s request).
Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Under certain conditions awards are may be reduced because of receipt of TTD benefits.
Disfigurement benefits: A maximum of $20,000 compensation is paid for serious facial, head, neck or chest disfigurement.
Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for period of widow/widowerhood; children under 18. Two-year lump sum payable upon remarriage. Children receive benefits beyond age 18 if disabled, or until age 23 if full-time students. Payments subject to Social Security benefit offsets.
Maximum burial allowance: Funeral expenses are limited to amounts established in a fee schedule of charges and costs for funeral services established by the Chairperson of the New York Workers' Compensation Board.
Waiting period: 7 days. Compensation is retroactive if disability continues for more than 14 days from date of injury.
Rehabilitation: Physical rehabilitation is covered under medical services. Employers must contribute to state vocational rehabilitation (VR) fund. Fund pays VR costs, except TTD. Employees receive TTD plus a maximum of $30/week maintenance during VR.
Attorney fees: Determined on an individual case basis, agency.
Occupational hearing loss statutes: Employee has 90 days to 2 years to file for compensation. Compensation for one ear is $24,000; for two ears it is $60,000. There is a deduction for preexisting loss.
What’s new - www.wcb.ny.gov/
State
Contact
New York State Workers’ Compensation Board
Regulations
Consolidated Laws of New York;
Workers’ Compensation (WKC); Articles 1 - 11
Federal
Contacts
None.
Regulations
None.
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