New York Workers' Comp Benefits: SLU, TTD & Medical Coverage (2026)

New York workers' compensation uses a unique Schedule Loss of Use (SLU) system for permanent partial disability that differs from most states. Understanding temporary disability, SLU awards, permanent total disability, and medical benefits ensures you receive all compensation you're entitled to.

Medical Benefits

Coverage: All medically necessary treatment for work-related injury

Lifetime medical: No time limit on medical care

Includes:

• Doctor visits and specialists
• Hospital and surgical care
• Prescription medication
• Physical therapy and rehabilitation
• Medical equipment and devices
• Mileage reimbursement

Authorized providers: Must use WCB-authorized doctors

No co-pays or deductibles: All approved treatment paid by carrier

Pre-authorization: Required for some treatments

Temporary Total Disability (TTD)

When you qualify: Completely unable to work due to injury

Waiting period: First 7 days of disability (no benefits)

Exception: If disabled more than 14 days, retroactive payment for first 7 days

Benefit amount: 66.67% of average weekly wage (AWW)

Maximum weekly benefit (2026): $1,220.80

Minimum: $150/week

Duration: Until return to work OR reach maximum medical improvement (MMI)

No time limit: Can continue as long as totally disabled

Example: AWW $1,500/week → TTD = $1,000/week (66.67% of $1,500)

Example: AWW $2,000/week → TTD = $1,220.80/week (hits maximum cap)

New York Workers' Compensation Law § 15: Governs temporary disability

Temporary Partial Disability

When you qualify: Can work but earning less than pre-injury wages

Benefit amount: 66.67% of difference between pre-injury and current wages

Maximum: Same as TTD ($1,220.80/week in 2026)

Duration: Until return to full wages or reach MMI

Calculation:

• Pre-injury AWW: $1,000/week
• Current light-duty wages: $600/week
• Difference: $400/week
• Benefit: 66.67% × $400 = $266.68/week

Schedule Loss of Use (SLU)

New York's unique system: For permanent partial disability

Scheduled members: Specific body parts with predetermined awards

What it is: Percentage of permanent loss of use of body part

Doctor determines: Percentage of loss (0-100%)

Weeks assigned: Each body part has maximum weeks

Calculation: Loss percentage × maximum weeks = award weeks

Benefit amount: 66.67% of AWW (same rate as TTD)

Maximum: $1,220.80/week (2026)

SLU Schedule (Maximum Weeks per Body Part)

Example SLU award:

• 30% loss of use of arm
• Maximum weeks for arm: 312
• Award: 30% × 312 = 93.6 weeks
• AWW: $1,500/week
• Weekly benefit: $1,000/week
• Total award: $1,000 × 93.6 = $93,600

Non-Scheduled Injuries

Back, neck, head injuries: Not on schedule

Classification system: Classified by degree of disability

Permanent Partial Disability (PPD): For non-scheduled permanent injuries

Degree of disability: Slight, moderate, marked, total

Different calculation: Not based on SLU schedule

Permanent Total Disability (PTD)

When you qualify: Permanently unable to perform any substantially gainful employment

Very high standard: Must prove cannot work in ANY job

Benefit amount: 66.67% of AWW

Maximum: $1,220.80/week (2026)

Duration: For life

Rare: Difficult to establish total disability

Vocational evidence: Often requires vocational expert testimony

Examples: Severe spinal cord injury, traumatic brain injury, total blindness

Death Benefits

When payable: Employee dies from work-related injury

Eligible beneficiaries:

• Surviving spouse
• Children under 18 (or under 23 if full-time student)
• Other dependents

Benefit amount: 66.67% of deceased's AWW

Maximum: $1,220.80/week (2026)

Duration:

• Spouse: Until remarriage or death
• Children: Until age 18 (or 23 if student)

Burial expenses: Up to statutory limit

Dependency calculation: Benefits distributed based on dependency

Average Weekly Wage (AWW) Calculation

What it is: Your average earnings used to calculate benefits

Method: Total wages in year before injury ÷ 52

Alternative: If didn't work full year, annualize actual wages

Includes: Regular wages, overtime, shift differentials

Excludes: Reimbursed expenses, discretionary bonuses

Part-time workers: AWW based on actual part-time earnings

Multiple jobs: May include concurrent employment

New York Workers' Compensation Law § 14: Defines AWW

Example:

• Total wages previous year: $78,000
• AWW: $78,000 ÷ 52 = $1,500/week

Reduced Earnings Award

When available: After SLU award, if still earning less due to injury

Calculation: 66.67% of wage difference

Duration: While wage loss continues

Supplements SLU: Additional benefit beyond SLU award

Must prove: Earnings reduction caused by work injury

Maximum Medical Improvement (MMI)

Definition: Condition stabilized, unlikely to improve significantly

Triggers: End of temporary benefits, permanent disability evaluation

Doctor determines: When patient reaches MMI

SLU rating assigned: Percentage of permanent loss

Learn more: Maximum Medical Improvement in New York

Vocational Rehabilitation

When available: If cannot return to pre-injury occupation

Services:

• Vocational assessment
• Job placement assistance
• Training referrals

Not tuition: Doesn't pay for education or retraining

Carrier provides: Through approved rehabilitation counselors

Benefits Comparison Table

Maximum weekly benefit (all types): $1,220.80 (2026)

What Benefits Don't Cover

Pain and suffering: Not compensable

Punitive damages: Not available

Full wage replacement: Only 66.67% of wages

Household services: Generally not covered

Section 32 Settlements

Lump sum option: Can settle claim for one-time payment

Section 32: Refers to Workers' Compensation Law § 32

WCB approval: Required for all settlements

Learn more: Settlement Negotiations in New York

FAQs

Q: How much will I receive in New York workers' comp? A: 66.67% of your average weekly wage, up to maximum $1,220.80/week (2026).

Q: What is Schedule Loss of Use? A: New York's system for permanent partial disability of specific body parts.

Q: How long do workers' comp benefits last in New York? A: Temporary benefits until return to work or MMI. SLU for fixed weeks. PTD for life.

Q: Can I get a lump sum settlement in New York? A: Yes, through Section 32 settlement with WCB approval.

Q: What if I can never work again? A: May qualify for Permanent Total Disability benefits for life.

Q: Do I pay taxes on workers' comp benefits? A: No, benefits are not taxable income.

Q: What's the maximum workers' comp benefit in New York? A: $1,220.80/week maximum for all benefit types (2026).

Q: Can I work while receiving SLU? A: Yes, SLU payments not reduced by work earnings.

Q: What if I have a pre-existing condition? A: Can still receive benefits, but SLU may be apportioned.

Related Topics

• Filing a New York Workers' Comp Claim
• Returning to Work in New York
• Maximum Medical Improvement
• New York Workers' Compensation Overview

Legal Disclaimer

This guide provides general information about New York workers' compensation benefits. Benefit calculations are complex and depend on your specific circumstances. Consult a qualified New York workers' compensation attorney to ensure you receive all benefits you're entitled to.

Last updated: January 5, 2026