A New York workers comp lawyer starts with the rate: 2/3 of your average weekly wage, times your degree of disability. From July 1, 2026 to June 30, 2027, the most you can get is $1,281.50 a week. Tell your employer in writing within 30 days, then call us for a free review.
How much New York workers compensation pays each week
Your check follows a set rule. It is 2/3 of your average weekly wage, times your degree of disability based on medical evidence. A doctor's report sets that degree.
There is a ceiling on every check. From July 1, 2026 to June 30, 2027, the weekly cap is $1,281.50. No check goes higher, no matter what you earned.
The first 7 days are not paid unless you are out more than 14 days. An attorney checks that your average weekly wage was figured right.
Michelle hurts her back on a job site and misses work. If she is back after 14 days, she is paid for 14 minus 7, or 7 days. If she is out longer than 14 days, those first 7 days get paid too.
| Rule | New York |
|---|---|
| Weekly check | 2/3 of your average weekly wage, times your degree of disability |
| Weekly cap, July 1, 2026 to June 30, 2027 | $1,281.50 |
| Waiting period | first 7 days unpaid unless you are out more than 14 days |
Deadlines under New York workers comp laws
Two clocks start the day you get hurt. First, give your employer written notice within 30 days. Keep a copy for yourself.
Second, file your claim with the Board within two years of the accident. A report from your boss does not count as your claim.
Miss either date and you can lose benefits you earned. The table and counter below turn these rules into real dates.
| Deadline | New York |
|---|---|
| Tell your employer in writing | within 30 days |
| File your claim with the Board | within two years |
| Appeal a judge's decision | 30 days |
Claim denied or checks stopped in New York
Your first move is a call to us for a free case review. A denied claim or a stopped check is a fight you should not take on alone.
In New York, the Board decides claims, not the insurer. When the insurer disputes your claim, the Board can set a hearing before a law judge.
Save the denial letter, your pay stubs and your medical records. Read more on denied claims and stopped payments.
Appealing a judge's decision in New York
If the judge rules against you, the window is short. You have 30 days from the filing date of the decision to appeal.
After that, the decision is final. Your attorney files the appeal with a Board panel and argues it for you.
What a New York workers comp lawyer costs
You pay nothing up front. The attorney is paid only out of money recovered, so there is no fee unless you win.
New York keeps the fee in check. The amount is set by the Board, not by your contract, and state law caps it.
Get the full picture of what a workers comp lawyer costs.
Questions injured workers ask
How much does workers comp pay in New York?
It pays 2/3 of your average weekly wage, times your degree of disability. From July 1, 2026 to June 30, 2027, the cap is $1,281.50 a week.
How long do I have to report a work injury in New York?
Tell your employer in writing within 30 days. File your claim with the Board within two years of the accident. Call us now for a free review.
Are my first days off work paid?
The first 7 days are unpaid unless you are out more than 14 days. Past that point, those first days are paid too.
My New York workers comp claim was denied. What now?
Your first move is a call to us for a free case review. An attorney who handles New York cases gets on it right away and can take the dispute to a hearing.
How much does a workers comp lawyer cost in New York?
Nothing up front. The fee comes only out of money recovered, and the Board sets it, not your contract.
How long do I have to appeal a judge's decision?
Appeals must be filed within 30 days of the filing date of the judge's decision. Your attorney files it for you.
Rates updated Sep 3, 2026