New York’s Benefit Rate Increases Today.

New Rate.

For workers’ compensation claims with dates of accident or dates of disablement during the period from July 1, 2016 through June 30, 2017, the maximum weekly benefit rate will be $864.32. This is an increase from the old rate which was set at $844.29.

How is the Maximum rate Calculated?

Since July 1, 2010, the maximum weekly benefit rate for workers’ compensation claimants has been two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)). The Department of LaborLink to External Website reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2015 was $1,296.48.

Prior Maximum rates.

Date of Accident Weekly * Maximum (Total/Partial)
July 1, 1985 – June 30, 1990 * $300 / $150
July 1, 1990 – June 30, 1991 * $340 / $280
July 1, 1991 – June 30, 1992 * $350 / $350
July 1, 1992 – June 30, 2007 * $400 / $400
July 1, 2007 – June 30, 2008 * $500 / $500
July 1, 2008 – June 30, 2009  * $550 / $550
July 1, 2009 – June 30, 2010  * $600 / $600
July 1, 2010 – June 30, 2011  * $739.83
July 1, 2011 – June 30, 2012 * $772.96
July 1, 2012 – June 30, 2013  * $792.07
July 1, 2013 – June 30, 2014  * $803.21
July 1, 2014 – June 30, 2015  * $808.65
July 1, 2015 to June 30, 2016 *  $844.29

Defending Employers in New York, New Jersey, and Longshore.