What Is the Maximum Workers’ Comp Benefit in New York in 2026?
What Is the Maximum Workers’ Comp Benefit in New York in 2026?
Attorney Reviewed | 6 Min Read
Content reviewed by the attorneys at Aronova & Associates · Last updated October 30, 2026 · Editorial Policy
After a work injury, your weekly Workers’ Compensation check is often what keeps your household running. For injuries that happen between July 1, 2026 and June 30, 2027, the most New York Workers’ Compensation pays for lost wages is $1,281.50 per week. The minimum is generally $384.45 per week. Your actual rate is two-thirds of your average weekly wage, adjusted for your degree of disability, up to the maximum in effect on the date you were injured.
At Aronova & Associates, our New York Workers’ Compensation lawyers review how insurance companies calculate weekly benefits and challenge rates that are too low. We represent injured workers across New York City and Long Island, and every case begins with a free consultation.
Key Facts: New York Workers’ Comp Benefit Rates for 2026–27
| Item | 2026–27 figure |
|---|---|
| Maximum weekly benefit | $1,281.50 |
| Minimum weekly benefit | $384.45 (or your actual weekly wages, if lower) |
| Dates of injury covered | July 1, 2026 – June 30, 2027 |
| How the maximum is set | Two-thirds of the 2025 New York State average weekly wage ($1,922.25) |
| Basic formula | 2/3 × average weekly wage × degree of disability, up to the weekly maximum |
| Waiting period | First 7 days unpaid, unless you are out of work more than 14 days |
| Legal authority | Workers’ Compensation Law §§ 2(16), 15(6); WCB Subject No. 046-1805 |
Which Maximum Applies to Your Injury?
The maximum that applies is the one in effect on the date you were injured. It does not depend on when you filed your claim or when your payments began. Once your rate is set, it does not increase when New York raises the maximum the following July.
| Date of injury | Weekly maximum |
|---|---|
| July 1, 2026 – June 30, 2027 | $1,281.50 |
| July 1, 2025 – June 30, 2026 | $1,222.42 |
| July 1, 2024 – June 30, 2025 | $1,171.46 |
| July 1, 2023 – June 30, 2024 | $1,145.43 |
| July 1, 2022 – June 30, 2023 | $1,125.46 |
| July 1, 2021 – June 30, 2022 | $1,063.05 |
| July 1, 2020 – June 30, 2021 | $966.78 |
Source: New York State Workers’ Compensation Board, Schedule of Maximum Weekly Benefits.
How Your Weekly Benefit Is Calculated
New York uses a set formula: two-thirds of your average weekly wage × your degree of disability, up to the weekly maximum. Your average weekly wage is based on what you earned in the year before your injury. Your degree of disability comes from the medical evidence. The Workers’ Compensation Board recognizes total (100%), marked (75%), moderate (50%) and mild (25%) disability, as well as levels in between.
| Average weekly wage | Degree of disability | Weekly benefit |
|---|---|---|
| $1,500 | Total (100%) | $1,000.00 |
| $1,500 | Moderate (50%) | $500.00 |
| $2,400 | Total (100%) | $1,281.50 (the formula gives $1,600, but the maximum applies) |
These examples assume a date of injury between July 1, 2026 and June 30, 2027.
The maximum has the greatest effect on higher earners. A worker whose average weekly wage is above $1,922.25 reaches the $1,281.50 cap even at total disability, and therefore receives less than two-thirds of their usual pay.
Is Your Weekly Check Too Low? We Are Here to Help.
Our New York Workers’ Compensation lawyers can review how your rate was calculated. Call (516) 640-3900 for a free consultation.
Why Your Check May Be Less Than Two-Thirds of Your Pay
- Partial disability: When the medical evidence shows a partial disability, the two-thirds figure is reduced by that percentage. A 50% rating cuts the weekly check in half.
- The weekly maximum: If you earned more than about $1,922 per week, the cap limits your rate.
- The waiting period: The first seven days of lost time are not paid unless you are out of work for more than 14 days. If you are, benefits are paid back to the first day.
- An incorrect average weekly wage: If the insurance company leaves out earnings from the year before your injury, every check will be too low. The wage figure can be challenged before a Workers’ Compensation judge.
- A return to work at lower pay: If you go back to work earning less, Workers’ Compensation generally pays two-thirds of the difference between your new earnings and your prior average weekly wage.
When Do Workers’ Comp Payments Start?
If the insurance company accepts your claim, the Board says the first payment should arrive within 18 days of the injury or within 10 days after your employer learns of it, whichever is later. If the insurance company disputes the claim, payment waits for a judge’s decision. Disability benefits may be paid in the meantime, and those payments are deducted from any later Workers’ Compensation award.
Can Your Weekly Rate Change After It Starts?
The maximum tied to your date of injury does not change. Your weekly payment can change, however, if your degree of disability changes: a new medical finding can raise or lower the rate. An average weekly wage that was calculated incorrectly can also be corrected.
How Our Workers’ Compensation Lawyers Protect Your Weekly Rate
Your weekly rate is calculated by the insurance company, and a single error repeats in every payment you receive. When we take on a case, we review:
- Your average weekly wage: We confirm that all earnings that should count are included, so your rate is not understated from the first check.
- Your degree of disability: The insurance company may send you to its own doctor, and a lower rating means a smaller check. We make sure your treating doctor’s findings are part of the record.
- The correct maximum: Your cap depends on your date of injury, so we confirm that the right date and the right maximum are applied.
- Past underpayments: If you were underpaid, we ask the Workers’ Compensation judge to award the difference.
Why Injured Workers Choose Aronova & Associates
Many injured workers come to us when their weekly checks stop making sense. We explain how the rate was calculated, what can be challenged and what happens next, so you always know where your claim stands.
- A dedicated Workers’ Compensation team: Our lawyers represent injured New Yorkers before the Workers’ Compensation Board every day.
- Help in your language: Our team speaks 8+ languages, so you can discuss your claim in the language you are most comfortable with.
- Every benefit, coordinated: We also handle Social Security Disability, disability pension and personal injury cases, so one claim does not undercut another.
No Upfront Cost to Start Your Case
You pay nothing upfront. In New York Workers’ Compensation cases, the attorney’s fee is set by law, approved by a Workers’ Compensation judge and paid from the benefits awarded.
Frequently Asked Questions
I was hurt in June 2026. Which maximum applies to me?
The $1,222.42 maximum for injuries from July 1, 2025 through June 30, 2026 applies. The new $1,281.50 maximum covers only injuries on or after July 1, 2026.
Does the $384.45 minimum always apply?
The minimum is $384.45 or your actual weekly wages, whichever is less. Benefits combined with any reduced earnings also cannot exceed what you were earning when you were hurt.
Does the weekly maximum include my medical bills?
No. The weekly maximum applies to lost-wage benefits. Medical treatment for an accepted work injury is paid separately by the insurance company.
Will the maximum go up again?
The Board adjusts the maximum every July 1 based on the New York State average weekly wage. A new maximum applies only to injuries on or after the date it takes effect.
How much does a Workers’ Comp lawyer cost in New York?
Nothing upfront and nothing out of pocket. The attorney’s fee is paid from the benefits awarded. For most awards, New York law sets the fee at 15%, and a Workers’ Compensation judge must approve it before it is paid.
Sources
- NYS Workers’ Compensation Board, Subject No. 046-1805: New Maximum and Minimum Weekly Benefit Rates (April 16, 2026)
- NYS Workers’ Compensation Board, Schedule of Maximum Weekly Benefits
- NYS Workers’ Compensation Board, Lost Wage Benefits
- New York Workers’ Compensation Law § 15
- New York Workers’ Compensation Law § 24 (attorney fees)
Talk With a New York Workers’ Compensation Lawyer About Your Weekly Rate
If your weekly check seems too low, or if the insurance company has reduced or stopped your payments, Aronova & Associates can review your claim and explain your options. Our New York Workers’ Compensation lawyers represent injured workers across New York City and Long Island.
Call (516) 640-3900 or contact our team for a free consultation.
Attorney Advertising. This article provides general information about New York law and is not legal advice about your situation. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
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