If you were hurt at work in New York, you are probably asking one urgent question: what does NY workers’ comp pay for? In short, it covers your medical treatment for the injury and pays part of your lost wages while you cannot work. It does not pay for pain and suffering, but it is meant to keep you afloat while you heal.
This guide walks through each type of benefit in plain language so you know what to expect and what to claim.
Medical care for your injury
Workers’ compensation pays for all reasonable and necessary medical treatment related to your work injury. You do not pay deductibles or co-pays for authorized care. Covered treatment can include:
- Doctor visits, including specialists
- Hospital stays and emergency room care
- Surgery
- Physical therapy and rehabilitation
- Prescription medication
- Diagnostic tests like X-rays and MRIs
- Medical devices such as braces, crutches, or a wheelchair
- Travel costs to and from approved medical appointments
In most cases you must treat with a provider authorized by the New York Workers’ Compensation Board. The main exception is a true emergency, where you should get care first. Your doctor reports your condition to the Board and your employer’s insurance carrier, which helps prove the injury is work-related (called “causal relationship”).
The insurance carrier may ask you to attend an Independent Medical Examination (IME) with a doctor it chooses. The IME doctor does not treat you; their report can affect whether benefits continue, so it is worth taking seriously.
The wage benefits while you cannot work
If your injury keeps you out of work or cuts your hours, comp pays cash benefits to replace part of your lost wages. These are based on two things: your average weekly wage (AWW) and how disabled you are.
How your benefit is calculated
Your AWW is usually your gross earnings over the year before the injury, divided by the number of weeks worked. The general formula for total disability is:
Weekly benefit = AWW x 2/3 x percentage of disability
So a worker with a $900 AWW who is fully disabled would receive about $600 per week, up to the state maximum that applies on the date of injury. Exact amounts vary by case and by the year you were hurt.
The different wage categories
- Temporary Total Disability (TTD): You cannot work at all for now. You receive the full two-thirds rate.
- Temporary Partial Disability (TPD): You can do some work or lighter duty but earn less. Benefits make up part of the difference.
- Permanent disability: If your doctor says you have lasting impairment after you reach maximum medical improvement, you may qualify for a Schedule Loss of Use award or classification for permanent disability. Those are large topics on their own.
The 7-day waiting period
New York has a 7-day waiting period. You are not paid wage benefits for the first 7 days of lost time unless your disability lasts more than 14 days. If it does, you get paid back to day one.
Where the limits are: what comp does NOT pay
This part surprises many injured workers. Comp is a no-fault system, and in exchange it does not pay for everything a personal-injury lawsuit might:
- No pain and suffering. Comp does not pay for the physical pain or emotional distress itself.
- No full wages. You receive about two-thirds of your average wage, not 100%.
- No punitive damages.
Under Workers’ Compensation Law Section 11 (WCL §11), comp is generally your only remedy against your employer. You usually cannot sue your employer or a co-worker for negligence. There are narrow exceptions: if your employer illegally carried no workers’ comp insurance, or if the employer committed a true intentional act that injured you.
When a separate lawsuit may exist
Sometimes a party other than your employer caused the injury. That can open a third-party civil case alongside your comp claim, where pain and suffering may be recoverable. Examples include:
- A fall from height or a falling object on a construction site (New York Labor Law Section 240(1), the “Scaffold Law,” can place strict liability on owners, general contractors, and their agents for certain gravity or elevation-related risks. It does not cover every fall, and owners of one and two-family homes who do not direct the work are generally exempt, so the facts must fit).
- A violation of a specific New York Industrial Code rule under Labor Law Section 241(6).
- A work-related crash caused by an outside driver.
- An injury from a defective machine or tool made by another company (product liability).
These routes do not apply to every accident; the details of your case decide whether one exists.
Benefits at a glance: what each one pays
This table summarizes the main benefit types and what they cover. Dollar figures and the maximum weekly rate are illustrative and vary by your wages and injury date; the statutory rules (such as the 7-day waiting period and the two-thirds formula) are fixed.
| Benefit type | What it pays |
|---|---|
| Medical care | All reasonable, necessary treatment for the work injury; no co-pays or deductibles for authorized care |
| Temporary Total Disability (TTD) | Two-thirds of your average weekly wage (AWW) while you cannot work at all, up to the state maximum (illustrative, varies) |
| Temporary Partial Disability (TPD) | Part of the difference when you can work but earn less |
| Schedule Loss of Use (SLU) | A set number of weeks for permanent loss of use of a body part |
| Permanent disability (PPD/PTD) | Ongoing benefits for lasting impairment after maximum medical improvement |
| Death benefits | Weekly payments to dependents plus funeral expense reimbursement, up to a statutory limit |
| Not covered | Pain and suffering, full wages, and punitive damages |
For how the SLU side works in detail, see our guide to Schedule Loss of Use (SLU) awards in New York.
Death benefits for families
If a worker dies from a work injury or illness, surviving dependents may receive benefits. These can include weekly payments to a spouse and minor children based on the worker’s wages, plus funeral expense reimbursement up to a limit set by state law.
Example: how the pieces add up
Picture a warehouse worker with a $900 average weekly wage who hurts her shoulder lifting a heavy box. Here is how comp would typically respond:
- Medical care: Her authorized treatment, including doctor visits, an MRI, and physical therapy, is fully covered. She pays no co-pays or deductibles, and her mileage to approved appointments can be reimbursed.
- Wage benefits: Her doctor takes her out of work entirely (Temporary Total Disability). At two-thirds of her $900 AWW, that is roughly $600 per week, up to the state maximum for her injury date. Because her time out lasts more than 14 days, she is paid back to day one despite the 7-day waiting period.
- What is not paid: She receives about two-thirds of her wage, not the full amount, and nothing for the pain itself. If the box fell from an improperly secured shelf and an outside party was responsible, a separate third-party claim might add pain-and-suffering damages, but that depends entirely on the facts.
Related on NY Claim Clarity
- Schedule Loss of Use (SLU) Awards in New York Explained
- Permanent Disability Benefits in NY: PPD, PTD, and LWEC
- More on benefits: Your Benefits Explained
Understanding what comp covers is the first step; making sure you actually receive every benefit, the right medical care, the correct wage rate, and any third-party case that may exist, is the next. This article is general information, not legal advice. Workers’ comp rules and benefit amounts change and depend on your specific facts, so consult a New York attorney and see the New York Workers’ Compensation Board at wcb.ny.gov. You can request a free, no-pressure claim review here: .