Workers’ Comp Maximum Benefit Rate Now Over $1,000 PER WEEK

New York, NY – This past spring, the New York State Workers’ Compensation Board announced that the maximum weekly workers’ compensation benefit rate will rise to $1,064.05 per week for accidents that happen on or after July 1, 2021.  The current maximum benefit rate (for accidents after July 1, 2020) is $966.78 per week, and in the year before that it was $934.11.

Labor attorney Robert Grey.

The maximum benefit changes each year because it is tied to the average wage of all New York workers.  In 2020 that figure was $1,594.57, as compared to $1,450.17 in 2019.  The jump was likely due to a much greater loss of low-wage jobs than high-wage jobs during the COVID-19 pandemic.

Not every worker gets the maximum benefit rate.  A worker who is totally disabled can receive two-thirds of their pre-injury salary up to the maximum benefit rate for their date of injury.  So a worker who earns $750 per week can get a maximum of $500 per week in workers’ compensation, a worker who earns $1,200 per week can get a maximum of $800 per week, and a worker who earns $1,500 per week is limited to $966.78 for accidents before July 1, 2021 – but $1,000 per week for accidents after July 1, 2021.

The maximum benefit rate plays a role in benefits beyond lost time, including permanency awards for injuries to an arm, leg, hand, foot, finger, toe, vision loss or hearing loss.

Robert Grey is the managing partner of Grey & Grey, LLP and has been representing injured workers for over 30 years. For more information about workers’ compensation, personal injury, or social security disability, visit or email


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