New York raises workers’ comp max to $1,281.50 for new claims

New York’s maximum weekly workers’ compensation benefit rose to $1,281.50 on July 1, while the minimum increased to $384.45. But the new rates only apply to injuries that occur between July 1, 2026, and June 30, 2027, leaving existing claims locked to the injury date.

Why it matters: - The new maximum and minimum affect only workers injured during the current benefit year. - Existing claims do not get repriced when New York updates the statewide limits. - Higher earners can still collect far less than two thirds of their wages because the system caps weekly payments. - Low-wage workers now have a higher floor, but older claims can still be stuck at long-expired minimums.

What happened: - New York’s maximum weekly workers’ compensation benefit increased to $1,281.50 on July 1. - The minimum weekly benefit rose to $384.45. - The New York State Workers’ Compensation Board announced the changes in April. - Gorayeb & Associates, P.C. issued an advisory to explain why the increase will not help most workers who hear about it. - The firm said the update matters only for claims with dates of injury from July 1, 2026, through June 30, 2027.

The details: - Workers’ compensation rates are set by the date of injury and do not change when New York adopts new maximums. - A construction worker injured in June remains capped at $1,222.42 for the life of that claim. - The statutory minimum stayed at $150 a week from May 2013 through the end of 2023. - Workers injured during that period can still be limited to the $150 floor today. - Weekly benefits equal two thirds of the average weekly wage multiplied by the degree of disability in the medical record. - The maximum benefit equals two thirds of the state average weekly wage for the prior year. - The Department of Labor set that prior-year state average weekly wage at $1,922.25 for 2025. - A totally disabled worker earning more than that amount hits the ceiling and receives less than two thirds of pay. - A worker earning $2,500 a week with overtime collects $1,281.50, or about 51% of wages. - The minimum rose to $275 for 2024 injuries and $325 for 2025 injuries. - The minimum now equals one fifth of the state average weekly wage instead of a flat figure written into the statute. - Low-wage workers no longer have to wait on the legislature for the minimum to move. - Workers’ compensation covers part of lost wages and medical care. - Workers’ compensation pays nothing for pain and suffering. - Workers’ compensation pays nothing to a spouse for loss of companionship. - On construction sites, a civil claim against a property owner or general contractor under Sections 240 and 241 of the New York Labor Law can recover those losses. - That civil claim can proceed alongside the workers’ compensation case. - The firm’s public notice links the compensation update to construction accident claims and labor-law recovery in New York.

Between the lines: - The bigger message is that a headline benefit increase can still leave many injured workers with unchanged checks. - The date of injury controls the economic outcome, so two workers with the same injury can end up with different weekly payments based on timing alone. - The advisory also points injured construction workers toward a possible second recovery path beyond workers’ compensation. - That framing suggests the system’s real value depends on whether a worker has both a comp claim and a separate civil case.

What’s next: - Workers injured after June 30, 2026, will be paid under the new maximum and minimum until the next annual update. - Workers with older claims will continue receiving the rate tied to their injury date unless their case lawfully changes for another reason. - Injured construction workers may need to review whether a Labor Law claim is available alongside compensation. - Christopher J. Gorayeb said workers should check their award notice, confirm the weekly rate, and verify the date of injury used to calculate it.

The bottom line: - New York’s latest workers’ comp increase helps new claims, but the date of injury still determines who actually sees the higher payout. - For many injured workers, the biggest financial recovery may still come from a separate civil case, not the comp check.