NY Workers’ Comp Benefits: Complete Chart & Explanation provides a clear breakdown of the benefits injured workers may be entitled to, including lost wage payments, medical treatment, and awards for permanent impairments.
At O’Connor Law, we guide injured employees through what these benefits mean and how they are calculated. For example, lost wages are typically based on two-thirds of the worker’s average weekly earnings, subject to state limits. Workers’ Compensation lawyers in New York City assist with understanding additional benefits, such as Schedule Loss of Use (SLU) awards for permanent damage to a limb.
This chart and explanation aim to simplify the process, helping workers take the next steps toward securing the benefits they deserve.
NY Workers’ Compensation Benefit Rate Chart
Workers’ Compensation benefits in New York include payments for lost wages, medical care, and monetary awards for permanent impairments such as Schedule Loss of Use (SLU), calculated based on statutory weeks. Medical care is covered for as long as it is found necessary and causally related under the New York Workers’ Compensation law.
Weekly payments for lost wages are calculated as two-thirds of the injured worker’s Average Weekly Wage (AWW), subject to the state–mandated maximum and minimum rates.
These rates are adjusted annually by the New York Workers’ Compensation Board to reflect changes in statewide average wages. The maximum weekly benefit that applies to your claim depends on the rate in effect on the date of your accident.
How to Use the Benefit Rate Chart
To find the correct benefit rate for your claim, you can take the following steps:
- Determine your Average Weekly Wage (AWW): This is based on your gross earnings over the 52 weeks prior to the date of injury.
- Check the state maximum for your injury date: Payments cannot exceed the maximum rate set for the fiscal year of your accident.
- Calculate two–thirds of your AWW: Multiply your AWW by 66.67% to find your weekly rate, ensuring it falls within the applicable limits.
Annual Rate Changes
The state maximum benefit rate changes every year on July 1. This adjustment ensures benefit amounts align with the current statewide average weekly wage. For injuries occurring after July 1, the new rate applies, so workers should always verify the correct rate for their claim based on the date of the accident.
Schedule Loss of Use (SLU) Chart & Formula
A Schedule Loss of Use (SLU) award is compensation for permanent injuries to specific body parts that result in a measurable loss of function. SLU applies to injuries affecting the limbs, such as arms, legs, hands, and feet.
To qualify for an SLU award, the injured worker must have reached Maximum Medical Improvement (MMI), meaning their condition is stable, and no further improvement is expected.
SLU awards are calculated based on the degree of permanent impairment (expressed as a percentage) and the maximum number of compensable weeks assigned to the injured body part, as outlined by New York Workers’ Compensation guidelines.
SLU Chart: Maximum Compensable Weeks by Body Part
| Body Part | Maximum Weeks at 100% Loss |
| Arm | 312 weeks |
| Leg | 288 weeks |
| Hand | 244 weeks |
| Foot | 205 weeks |
| Thumb | 75 weeks |
| First Finger | 46 weeks |
| Second Finger | 30 weeks |
| Third Finger | 25 weeks |
| Fourth Finger | 15 weeks |
| Big Toe | 38 weeks |
| Other Toes | 16 weeks |
| Eye (Loss of Vision) | 160 weeks |
| Ear (Loss of Hearing in One Ear) | 60 weeks |
| Ear (Loss of Hearing in Both Ears) | 150 weeks |
How SLU Awards Are Calculated
The formula for calculating an SLU award consists of the following steps.
Determine the SLU Percentage
A doctor evaluates the injured body part using the 2018 Impairment Guidelines for Schedule Loss of Use. This assessment focuses on measurable factors like range of motion. For example, if a worker has 25% loss of use of their arm, the SLU percentage is 25%.
Multiply the SLU Percentage by the Maximum Weeks
You can find the maximum compensable weeks for the injured body part, such as 312 weeks for an arm. Multiply this number by the SLU percentage. For example, 312 weeks × 25% = 78 weeks.
Apply the Weekly Benefit Rate
From there, you can calculate the worker’s weekly benefit rate, which is two-thirds of their Average Weekly Wage (AWW), subject to the state maximum. For example, if the AWW is $900, the weekly rate is two-thirds of $900, or $600.
Deduct Prior Payments
Subtract any prior payments that are legally creditable to the same body part and period, as determined by the Workers’ Compensation Board.
How a Workers’ Compensation Attorney Can Help
Understanding the NY Workers’ Compensation Benefits Chart can feel complicated for workers who are trying to access the benefits they deserve. An attorney helps by providing support throughout the claims process, securing compensation for lost wages, medical care, and awards for permanent injuries.
We handle paperwork, manage disputes with insurance companies, and work to calculate and pursue the correct benefits based on the worker’s injuries and circumstances.
An attorney can help at every stage of the Workers’ Compensation claims process:
- Filing claims and handling paperwork: Workers’ Compensation claims require detailed documentation, including medical reports and forms. An attorney handles the filing process to avoid errors or delays that could affect your benefits.
- Managing communication with insurance companies: Insurance companies may try to minimize benefits or dispute claims. An attorney handles all communication, presenting the facts of your case accurately and pushing back against unfair tactics.
- Schedule Loss of Use (SLU) awards: SLU awards are based on medical evaluations and impairment percentages. An attorney gathers evidence to accurately reflect the extent of your injuries and addresses any disagreements with insurance company doctors.
- Preparing for Independent Medical Exams (IMEs): IMEs are often conducted by doctors hired by the insurance company. An attorney helps you prepare for these exams and challenges inaccurate findings that could reduce your benefits.
- Pursuing the benefits you deserve: An attorney helps calculate the appropriate compensation based on your injury, wage history, and medical reports, pursuing the full amount owed for lost wages, medical care, and SLU awards.
- Filing appeals: If the insurance company denies or reduces benefits, we can request a hearing before the Board. If a judge or the Board makes what we feel is an improper decision based on the law, we can appeal.
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We Can Explain the NY Workers’ Compensation Benefits Chart and File Your Claim
At O’Connor Law, we have over 35 years of combined experience helping injured workers secure the compensation they deserve. Each year, we recover millions of dollars in non-medical benefits for our clients, including payments for lost wages and awards for permanent injuries.
An attorney can explain the complete NY Workers’ Compensation Benefit Chart and determine which benefits you can recover. Contact us today for a free consultation.
