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Workers' Compensation Summary - New York

The Workers' Compensation Board is responsible for administering the Workers' Compensation Program in New York. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in New York. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data provided by the U.S. Department of Labor and updated by the Workers' Compensation Board, and is believed current as of January 2011.

NOTE: Prior to 2007, the maximum weekly benefits remained unchanged since July 1, 1992. The percentage of worker's wage paid was 66 2/3. For weekly payments, the minimum was $40 or actual wage if less, and the maximum was $400. The benefit rate a claimant receives (determined by his/her date of injury) does not increase if new maximum benefits are adopted into law.

ALSO NOTE: In February 2007, the Governor and legislative leaders announced a landmark agreement to reform the state's workers' compensation system. Under the agreement, benefits for injured workers will be increased for the first time in more than a decade and, for the first time in the state's history, an on-going maximum benefit rate increase would be indexed annually.

Key elements of the comprehensive reform package include:
· The maximum weekly benefit for injured workers will be increased from $400 to $500 in the first year, $550 in the second year, $600 in the third year, and to two-thirds of the average weekly wage in New York in the fourth year. Once the maximum benefit reaches two-thirds of the average weekly wage, the maximum benefit will be indexed and adjusted annually.
· The minimum weekly benefit will be increased from $40 to $100.
· The Second Injury Fund that is now financed by assessments passed through to employers will be closed.
· The Compensation Insurance Rating Board, which helps determine workers' comp costs for employers, will sunset as of February 1, 2008. The Superintendent of Insurance will make a recommendation to the State Legislature in September 2007 as to what, if anything, should replace it.
· The legislation will only affect claims occurring on or after the effective date. Current claims are not affected.

FURTHER NOTE: The legislation described above, the 2007 Workers' Compensation Reform Act, was passed by the Legislature. The Governor signed the statute into law on March 13, 2007.

For permanent or temporary partial disability, or for permanent or temporary total disability due to an accident or disablement resulting from an occupational disease that occurs on or after July 1, 2007 the new minimum benefit is $100 or actual wages, if less, and the new maximum benefit is shown below:

July 1, 2007 $500
July 1, 2008 $550
July 1, 2009 $600
July 1, 2010 2/3 of NY State Average Weekly Wage, indexed and adjusted annually.

Type of Law and Insurance Requirements

In New York, workers' compensation is compulsory, and no waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Requires workers' compensation coverage of farm laborers for 12 months, from April 1, if the farmer's total cash remuneration paid to all farm laborers during the preceding calendar year amounts to $1,200 or more. Farm workers supplied to a farmer by a farm labor contractor would be deemed to be employees of the farmer.

Coverage of Domestic Employees

Covers any domestic worker employed (other than those employed on a farm) by the same employer for a minimum of 40 hours per week.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $100 or actual wage if less, and the maximum is $739.83. The maximum period of payments is the duration of disability.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $100 or actual wage if less, and the maximum is $739.83. The maximum period of payments is the duration of disability.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $100 or actual wage if less, and the maximum is $739.83. The maximum number of weeks that claimants can receive indemnity payment varies based on disability percentage, and ranges in 12 steps from 225 weeks for 15% to 525 weeks for 99%.

Disfigurement Benefits

New York law covers disfigurement that is "Serious facial, head, neck, or chest". Benefits are a maximum of $20,000.

Offset Provisions in State Laws

Section 16(1-c) and (7) --Applies a statutory offset of a sole surviving spouse's compensation by up to 50 percent of his or her Social Security benefits, if any. Further, provides that in computing the offsets, any increase in benefits under the Social Security Act that occurs after the date of death shall not be considered; and any such offset shall be equally applicable to payments under the Social Security Act which are received retroactively, but shall not apply to increases for such benefits received retroactively.

Contact Information

New York State Workers' Compensation Board
Executive Offices
20 Park Street
Albany, NY 12207

Phone: (518) 474-6670

Internet: http://www.wcb.state.ny.us/

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The Advocate for Injured Workers accepts complaints concerning matters related to workers' compensation, and investigates and attempts to resolve them. In addition, the Advocate provides information to injured workers to enable them to protect their rights in the workers' compensation system. For more information about your workers' compensation claim, contact the Advocate:

Advocate for Injured Workers
20 Park Street
Albany, NY 12207

Phone: 1-800-580-6665

Internet: http://www.wcb.state.ny.us/content/main/Workers/WhatIsAdvocateInjuredWkrs.jsp

Additional Information

New York Workers' Compensation Laws, Rules, and Regulations are available online at:
http://www.wcb.state.ny.us/content/main/wclaws/newlaws.jsp

The complete text of the 2007 Workers' Compensation Reform Act is available from the legislative website below. Enter Bill No., A6163, 2007, and select Text to view at:
http://public.leginfo.state.ny.us/menuf.cgi

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the Workers' Compensation Board website at:
http://www.wcb.state.ny.us/
http://www.wcb.state.ny.us/content/main/onthejob/OnJobInjury_Main.jsp
http://www.wcb.state.ny.us/content/main/TheBoard/BrdAnnouncements.jsp

Additional information was obtained from:
http://www.ny.gov/governor/press/0227071.html
http://www.ny.gov/governor/press/0313071.html
http://www.ny.gov/governor/press/0711071.html

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