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New York Increases Workers’ Compensation Schedule in Case of Disability

Effective September 6, 2023, the New York state legislature has amended the state’s workers’ compensation law, providing that the compensation for permanent or temporary partial disability, or for permanent or temporary total disability due to an accident or disablement resulting from an occupational disease that occurs on or after a specified date and before a specified date may not be less than a specified amount.

The specific dates and amounts are as follows:

  • If the event occurs on or after January 1, 2024 and before January 1, 2025, the amount may not be less than two hundred seventy-five dollars per week except that if the employee’s wages at the time of injury are less than two hundred seventy-five dollars per week, the employee shall receive his or her full wages.
  • If the event occurs on or after January 1, 2025 and before July 1, 2026, the amount may not be less than three hundred twenty-five dollars per week except that if the employee’s wages at the time of injury are less than three hundred twenty-five dollars per week, the employee shall receive his or her full wages.
  • If the event occurs on or after July 1, 2026 and on or after July first of each succeeding year, the amount may not be less than one-fifth of the New York state average weekly wage for the year in which it is reported except that if the employee’s weekly wages are equal to or less than one-fifth of the New York state average weekly wage for the year in which it is reported, the employee shall receive his or her full wages.

Click here for the full text of this new law.