How Long Can You Receive Workers’ Comp in New York for a Permanent Partial Disability?
When a work-related injury results in a permanent partial disability, New York law caps how long you can receive weekly cash benefits. The duration of your benefits is directly tied to your loss of earning capacity, which is determined by your medical impairment and ability to work.
The state sets a strict schedule ranging from 225 to 525 weeks based on your specific percentage of loss:
| Earning Capacity Loss | Duration (Weeks) | Duration (Years) |
|---|---|---|
| Greater than 95% | 525 weeks | 10 years |
| 91-95% | 500 weeks | 9.6 years |
| 86-90% | 475 weeks | 9.1 years |
| 81-85% | 450 weeks | 8.7 years |
| 76-80% | 425 weeks | 8.2 years |
| 71-75% | 400 weeks | 7.7 years |
| 61-70% | 375 weeks | 7.2 years |
| 51-60% | 350 weeks | 6.7 years |
| 41-50% | 300 weeks | 5.8 years |
| 31-40% | 275 weeks | 5.3 years |
| 16-30% | 250 weeks | 4.8 years |
| Less than 15% | 225 weeks | 4.3 years |
Schedule Loss of Use (SLU) Award
You may be entitled to a Schedule Loss of Use (SLU) award if you lost permanent use of an upper or lower extremity, eyesight, or hearing. Based on the body part that was injured or disabled, the scheduled number of weeks you can receive an SLU award is as follows:
| Injured Body Part | Maximum Possible Weeks of Compensation |
|---|---|
| Arm | 312 |
| Leg | 288 |
| Hand | 244 |
| Foot | 205 |
| Eye | 160 |
| Thumb | 75 |
| First Finger | 46 |
| Second Finger | 30 |
| Third Finger | 25 |
| Fourth Finger | 15 |
| Big Toe | 38 |
| Other Toe | 16 |
Payment is based on the severity of the disability and your average weekly wage. However, if you qualify for an SLU award, any temporary weekly benefits you already received for that injury are deducted from the total SLU amount.
How Long Do Different Types of Workers’ Comp Benefits Last?
The type of benefit and your unique circumstances will determine when workers’ comp benefits end in New York. General timelines for different workers’ compensation benefits include:
Temporary Disability Benefits
Temporary disability benefits can replace part of your lost wages while you recover from a work-related injury or illness. They may be payable if you cannot work or if the injury temporarily reduces your ability to earn wages.
These payments depend on medical evidence and your eligibility for wage-loss benefits. But reaching maximum medical improvement (MMI) does not automatically end cash benefits. MMI means your condition has stabilized enough for a permanent disability assessment. At that point, the Board may consider whether you qualify for an SLU award or permanent disability benefits.
Permanent Disability Benefits
If your workplace injury leaves lasting physical or mental damage after you reach maximum recovery, you may transition to permanent disability benefits. The duration of these payments depends on the nature and degree of your permanent disability. New York splits these into:
- Schedule Loss of Use (SLU) awards: For lost use of extremities, vision, or hearing
- Non-Schedule awards: For systemic injuries, such as damage to the back, neck, or brain
For Non-Schedule permanent partial disabilities, cash benefits are capped using a strict state schedule ranging from 225 to 525 weeks, based on your percentage of lost earning capacity. However, if your injury is severe enough to qualify as a permanent total disability, your financial support can continue for the rest of your life.
Medical Benefits
Death Benefits
In tragic cases of a fatal workplace accident, weekly financial support is available to eligible family members. The duration of workers’ compensation death benefits depends on the age and relationship of the surviving dependents, including:
- Surviving spouse: Weekly cash benefits can last for life. However, if the surviving spouse remarries, the weekly payments stop, and they are issued a final two-year lump-sum payment.
- Minor children: Benefits generally last until age 18. This is extended until age 23 if the child is enrolled as a full-time student in an accredited school.
- Dependent children with disabilities: If a child has a qualifying physical disability or blindness and was financially dependent on the worker, their benefits can continue for life.
- Other dependents: If there is no surviving spouse or child, other qualifying family members, such as dependent parents, grandparents, or siblings, may receive benefits for as long as they remain financially dependent.
Understanding Your Earning Capacity Loss
Earning capacity loss represents the percentage of your ability to work that you’ve lost due to your workplace injury. Rather than focusing on only physical limitations, it measures the financial impact the injury has on your career and livelihood and directly determines how many weeks you will receive cash benefits.
Because this number dictates your long-term financial security, insurance companies often try to minimize the percentage to reduce their payouts. Working with an experienced New York workers’ compensation attorney can protect you from a lowball estimate and help you secure the full number of weeks you deserve to support yourself and your family.
How Is Earning Capacity Loss Calculated?
There is no single calculation that determines LWEC. For example, earning $25,000 a year after previously earning $50,000 may be relevant evidence, but it does not automatically establish a 50% loss of wage-earning capacity. The Board must consider how your permanent condition affects the work you can reasonably do, along with the other evidence in your case.
If the Board determines that your LWEC is 50%, an eligible nonschedule permanent partial disability claim falls in the 300-week tier. An LWEC greater than 50% through 60% falls in the 350-week tier.
What Factors Impact Earning Capacity Loss?
When calculating earning capacity loss, the state evaluates several factors, including:
- Your work history and education: Your past experience and highest level of schooling can affect your current employment options.
- Your age and transferable skills: Age can impact how realistic it is to pivot to a completely new career or learn a new trade.
- Vocational factors: The local job market and the difficulty of finding steady work in your specific field are considered.
- Medical restrictions: The formal physical or mental limitations outlined by your doctor dictate what tasks you can safely perform.
When Do New York Workers’ Compensation Benefits End?
Scenario 1: You Recover and Return to Work
If your medical provider formally clears you to return to work, your temporary cash benefits usually end. However, the end of temporary benefits does not mean your support completely stops.
If you return to light duty but are earning less than before your injury, you may still qualify for reduced-earnings wage loss benefits. Additionally, medical treatment for your work injury continues indefinitely as long as it remains necessary. Your coverage stays active unless you choose to sign a Section 32 waiver agreement to close your medical claim permanently in exchange for a one-time, lump-sum settlement.
Scenario 2: You Reach Your Maximum Benefit Duration
If you have a permanent partial disability, your cash benefits will eventually stop once your maximum 225 to 525-week period runs out. Reaching this milestone may feel stressful, but you still have options to protect your financial stability.
First, you can apply for Social Security Disability Insurance (SSDI) if your condition prevents you from working at all. You might also qualify for unemployment benefits if you are capable of light work but cannot find a job. Additionally, state vocational retraining programs can help you learn new skills for a different field. Most importantly, your medical care continues for your work injury even after the weekly checks stop.
What if My Doctor Clears Me for Full-Duty Work While I’m Still in Pain?
Receiving a full-duty release from a doctor has an immediate impact on your workers’ compensation case, as it usually stops your weekly wage-loss benefits. However, if you’re still experiencing symptoms or strongly disagree with the medical assessment, you do have rights.
You can protect your benefits by quickly seeking a second medical opinion from another authorized workers’ comp doctor. You also have the right to formally challenge the return-to-work determination through the New York Workers’ Compensation Board process. Our attorneys at The Sanders Law Firm can assist with this process.
How Much Are Your Weekly Benefits?
The amount of your weekly benefit depends on your average weekly wage, the type and degree of disability, and the limits that apply to your injury date. For example, temporary disability benefits are commonly estimated using:
- Average weekly wage (AWW): Generally based on your gross earnings during the 52 weeks before your injury.
- The two-thirds formula: Two-thirds of your AWW is the starting point for a total disability benefit.
- Degree of temporary disability: A partial disability percentage can reduce that amount.
- State benefit limits: The applicable minimum and maximum depend on your injury date.
Workers’ compensation benefits are capped at $1,222.42 per week for injuries from July 1, 2025, to June 30, 2026, and $1,281.50 per week for injuries from July 1, 2026, to June 30, 2027. This amount is expected to increase annually.
Critical Filing Deadlines in New York
Missing a deadline can permanently bar you from receiving the support you need. To protect your rights, keep these three strict timelines in mind:
- Notify your employer: You must notify your employer in writing within 30 days of your workplace accident.
- File your claim: Formally file your workers’ compensation claim with the board within two years of the injury.
- Third-party lawsuits: If someone other than your employer caused your injury, you can work with a New York personal injury lawyer to file a claim within three years from the accident date.
Why Choose The Sanders Law Firm to Assist With Your Workers’ Comp Claim?
At The Sanders Law Firm, we have over 50 years of experience fighting for injured New Yorkers. We independently calculate your earning capacity loss, fight denied claims aggressively, and prepare every case for litigation if insurers refuse to pay fairly. Our team also works on a contingency basis, so there are no upfront fees, and you don’t pay unless you win.
Call (833) SANDERS or contact us online today for a free consultation over the phone, via video conference, or at one of our New York offices.