Workers' Compensation Committee Update
Staff contact: Lev Ginsburg
May 1, 2013
- Minimum Benefit Increases to $150 (effective May 1)
- Maximum Benefit Increases to $803.21 (effective July 1)
The 2013 Business Relief Act increased the minimum weekly benefit to $150. The new minimum weekly benefit applies to workers' compensation claims with dates of accident or disability on or after May 1, 2013. The minimum benefit is subject to the existing limitation that the injured worker's weekly benefit plus any actual earnings (or earning capacity) may not exceed the injured worker's average weekly wage at the time the injury.
The maximum workers' compensation weekly benefit is two-thirds of the prior year's New York State Average Weekly Wage (SAWW). The NYS Department of Labor has determined that the 2012 SAWW was $1,204.81, up 1.4% from 2011. As a result, the maximum weekly benefit for claims with a date of accident or disability from July 1, 2013 through June 30, 2014, is $803.21.