The maximum weekly benefit rate for workers’ compensation claimants is two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)).

The Department of Labor reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2019 was $1,450.17. Accordingly, the maximum weekly benefit rate is $966.78 for compensable lost time for workers' compensation claims with dates of accident during the period from July 1, 2020, through June 30, 2021.

Please note: this does not apply to VFBL/VAWBL policies.

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