WorkersCompDecodedIndependent guide · New York edition
Reviewed against NYS WCB primary sources · Last reviewed August 2026

WorkersCompDecoded · New York edition

New York Workers' Compensation, decoded.

Every benefit rate, deadline, form, and right — for injured workers and employers — sourced directly to the New York State Workers' Compensation Board and the Workers' Compensation Law. No sales pitch, no lead-gen. Just the real numbers, including the ones almost no one else publishes in one place.

Estimate your weekly benefit → How to file a claim Historic rate tables

⚖ This is an educational resource, not legal advice and is not affiliated with the New York State Workers' Compensation Board. Figures are current as of the review date shown above; the rate that governs a claim is set by the date of injury. Confirm specifics with the Board at (877) 632-4996 or a licensed attorney.

Max weekly benefit
7/1/25–6/30/26
$1,222.42
= ⅔ of the state average weekly wage. Rises every July 1.
Minimum weekly benefit
2025 injuries
$325.00
Up from $150 in 2023. Indexes to ⅕ of SAWW from 7/1/2026.
Employers required
to carry coverage
Virtually all
One employee triggers the mandate. No size threshold.
Deadline to file
a claim (Form C-3)
2 yrs
And notify your employer in writing within 30 days.
Benefits and
income tax
Exempt
Workers' comp is generally not taxable, state or federal.

Orientation

How the system works

Workers' comp is a no-fault bargain. If you're hurt on the job you get medical care and partial wage replacement regardless of fault — and in exchange you generally can't sue your employer. It's run by the New York State Workers' Compensation Board (WCB), which sets the rules, resolves disputes, and enforces the coverage mandate.

Pays for

Medical care

100% of causally-related treatment — no deductibles, no copays — for as long as you need it, from a Board-authorized provider. Travel is reimbursed.

Pays for

Lost wages

⅔ of your average weekly wage × your % of disability, capped at the state maximum for your injury date.

Pays for

Permanency & death

Fixed awards for permanent loss of a body part, lifetime benefits for total disability, and survivor + funeral benefits.

The three programs NY employers carry togetherWorkers' Comp covers on-the-job injury. Its siblings cover the opposite: Disability Benefits (DB) for off-the-job illness (50% of wages, max $170/wk), and Paid Family Leave (PFL) (up to 67% of wages, max $1,228.53/wk in 2026). This guide is about Workers' Comp.

Choose your path

Are you a worker or an employer?

Workers' comp works very differently depending on your side. Pick your track for a focused guide:

For injured workers
Your rights, how to file, what your benefits are worth, deadlines, medical care, settlements, denials, and appeals — everything if you were hurt at work.
Open the injured-worker guide →
For employers
Who must carry coverage, how to get insured, what it costs, the penalties for going without, and how to stay compliant.
Open the employer guide →

The full guide

Or browse every topic

Coverage requirements
Who must carry insurance, who's covered vs. excluded, how to get insured, and the penalties for going without.
For employers & workers →
Caught without coverage?
The full penalty ladder, stop-work orders, personal liability, and the uninsured-injury lawsuit trap — plus how to fix it.
Penalties & fixes →
Benefits & payments
The ⅔ formula, temporary vs. permanent disability, medical & mileage, the waiting period, and death benefits.
How much you get →
Comp vs DB vs PFL
Workers' comp, Disability Benefits, and Paid Family Leave — the three NY programs people confuse, compared.
See the difference →
Benefit calculator
Estimate your weekly check and the value of a permanent injury, using the exact caps for your injury date.
Interactive →
Maximum weekly rates
Every maximum & minimum weekly benefit and the state average wage that set it, 2007–2026.
The data →
Schedule Loss of Use
The statutory week schedule for a permanent injury to an arm, hand, leg, eye, or hearing — plus the LWEC caps.
What a body part is worth →
How to file a claim
The Form C-3, the step-by-step sequence, and every statutory deadline that can sink a claim.
Step by step →
Disputes, hearings & appeals
Independent Medical Exams, the four-level appeal ladder, Section 32 settlements, and third-party suits.
When there's a fight →
Claim denied?
The common reasons New York denies claims — and the step-by-step way to fight back and win.
What to do →
Special situations
Occupational disease, uninsured employers, COVID-19, first responders, and fraud.
Edge cases →
FAQ
Can I be fired? Can I use my own doctor? Is it taxable? Fast answers to what workers ask most.
Quick answers →
Glossary
AWW, SLU, LWEC, MMI, IME, §32 — every workers'-comp term and acronym in plain English.
Look up a term →

Get help

Key contacts

WCB Customer Service
(877) 632-4996
Mon–Fri, 8:30–4:30. Interpretation available.
Official website
wcb.ny.gov
Spanish: es.wcb.ny.gov
Advocate for Injured Workers
AdvInjWkr@wcb.ny.gov
Free help navigating your claim.