Reviewed against NYS WCB primary sources · Last reviewed August 2026
Don't confuse them
Workers' Comp vs. Disability Benefits vs. Paid Family Leave
New York employers carry three different wage-replacement programs, and people mix them up constantly. The one-line rule: Workers' Comp is for on-the-job injuries; Disability Benefits is for off-the-job illness; Paid Family Leave is for caring for someone else. Here's exactly how they differ.
Key facts
- Workers' Comp pays ⅔ of your wage for a work injury and covers all medical care — up to $1,222.42/wk.
- Disability Benefits (DB) pays 50% of wages for a non-work illness, capped at just $170/wk.
- Paid Family Leave (PFL) pays 67% of wages (max $1,228.53/wk in 2026) to care for family — and it's job-protected.
| Workers' Comp | Disability Benefits | Paid Family Leave | |
|---|---|---|---|
| What it covers | On-the-job injury or illness | Off-the-job (non-work) injury or illness | Bonding with a new child, caring for family, military-family needs |
| Wage replacement | ⅔ (66.7%) of AWW × disability % | 50% of average weekly wage | 67% of average weekly wage |
| Maximum weekly benefit | $1,222.42 (7/1/25–6/30/26) | $170 (long-standing statutory cap) | $1,228.53 (2026) |
| How long it lasts | While disability & wage loss continue; permanency awards fixed | Up to 26 weeks in any 52 | Up to 12 weeks per year |
| Medical care | Fully covered — no copay | Not covered | Not applicable |
| Employee cost | $0 — the employer pays | Up to $0.60 per week | 0.432% of wages, max $411.91/yr (2026) |
| Job protection | No standalone job protection (but §120 bars retaliation) | No | Yes — job-protected leave |
| Taxable? | No | Sometimes (employer-funded portion) | Yes (income) |
DB and PFL figures adjust over time; PFL's contribution rate and cap are set annually. Workers' comp is the only one of the three that covers your medical bills.
Which do I use?Hurt at work → Workers' Comp. Sick or injured off the job → Disability Benefits. Welcoming a child or caring for a seriously ill family member → Paid Family Leave. You generally can't collect workers' comp and PFL for the same period.
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