Lost wage benefits are a lifeline for a lot of injured workers in New York, and the weekly amount received through workers' compensation can have a dramatic impact on quality of life. Effective July 1, 2022, through June 30, 2023, the maximum weekly benefit rate for workers' compensation claimants in New York will increase from $1,063.05 to $1,125.46, or just under 6 percent.
The maximum weekly benefit rate is 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. According to the Department of Labor, the average weekly wage for New York workers in 2021 was $1,688.19.
Who is eligible for lost wage benefits?
If you were injured on the job or developed a work-related illness, you can apply for workers' compensation benefits, which may include a portion of your lost wages. To be eligible for lost wage benefits, your injury or illness must keep you from working for more than seven days. You may also be eligible if your pay was reduced because you now work fewer hours as a result of your injury or illness, or the type of work you do has changed due to your injury or illness.
An injured workers' benefit rate is determined by the worker's average weekly wage for the previous year or the statewide average weekly wage, whichever is lower. An injured worker who is getting the old maximum benefit does not get more when new maximum benefits are adopted into law. Rather, the new max rate will apply to future work injuries that occur between July 1, 2022, and June 30, 2023.
We can help you fight for the benefits you deserve
While we're glad to see the maximum weekly benefit rate increase, it doesn't mean much if the people who need lost wage benefits can't actually get them. Navigating the workers' compensation process in New York can be a challenge, and if you're not careful, you could lose out on the benefits you're entitled to under New York law.
At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have over 80 years of experience and have recovered billions in awards and settlements for over 100,000 New Yorkers. We pride ourselves on providing our clients with strong, effective legal representation and have earned a reputation as aggressive advocates for New York's injured.
To find out how we can help you, contact us today for a free consultation with an experienced New York workers' compensation lawyer. We have 12 offices in New York, including five offices in New York City.