How Much Does Workers' Comp Pay in New York?
New York workers' comp pays up to $1,281.50 a week in 2026. How that number gets set, how long benefits last, and what the rate quietly leaves out.
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NYC Workplace Injury Lawyers
Injured on the job? Workers' comp may not be enough. Major 2024-2025 changes increased benefits and expanded mental injury coverage. We pursue every avenue to maximize your compensation.
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NYC Workplace Injuries: By the Numbers
30 Construction Fatalities in NYC (2023) NYCOSH Report, 2025
$1,833 Max Weekly Benefits (July 2025) NY Workers' Comp Board
48% NY Construction Deaths from Falls 10-Year Average
June 4 Mental Injury Coverage Effective S755/L1677 (2025)
Workplace Injuries in New York
Every day, New Yorkers head to construction sites, warehouses, offices, and restaurants across the city. When something goes wrong and you get hurt, the consequences can be devastating. Medical bills pile up. Paychecks stop coming. Your family feels the strain.
Workers' compensation provides a safety net, but it's often not enough for serious injuries. That's where understanding your full range of options becomes critical. Many injured workers don't realize they may have claims against third parties beyond their employer, claims that can recover far more than workers' comp alone.
Major 2024-2025 Workers' Compensation Changes
New York dramatically expanded workers' comp protections recently. Minimum weekly benefits jumped from $150 to $325 over two years, marking the first significant increase in over a decade. Maximum weekly benefits now stand at $1,833.63 as of July 1, 2025.
Perhaps the biggest change affects workers dealing with psychological trauma. Starting June 4, 2025, all workers can file claims for mental injuries caused by extraordinary work-related stress. This protection was previously limited to first responders like police officers, firefighters, and EMTs.
Sources: Fiedler Deutsch (2024); NY Workers' Comp Board; Governor Hochul (S.6635/A.5745)
The "Fatal Four" in Construction
OSHA tracks the four hazards responsible for most construction deaths. Understanding these dangers helps explain why certain injuries lead to stronger legal claims.
36.4%
Falls from Heights
The leading killer in construction nationwide. In New York specifically, falls account for 48% of construction fatalities over the past decade. These happen from scaffolds, roofs, ladders, and elevator shafts. Fall protection violations top OSHA's citation list every year.
#2
Struck-By Incidents
Workers hit by falling objects, swinging equipment, or vehicles at job sites. Unsecured tools dropped from heights, crane loads that swing unexpectedly, and forklifts in tight spaces all pose serious risks. Scaffolding was cited in more than 20 NYC fatalities between 2007 and 2014.
61%
Electrocutions
Construction workers face the greatest electrocution risk of any industry, accounting for 61% of all workplace electrocutions nationwide. Contact with overhead power lines, energized equipment, and ground faults claim lives on NYC's large-scale projects.
#4
Caught-In/Between
Workers caught in machinery, compressed between objects, or trapped in trench collapses. Excavation work is especially hazardous when trenches lack proper shoring or employers ignore OSHA's protective requirements.
Source: OSHA, NYCOSH Construction Fatalities Report 2025
NYC Construction Safety: Recent Trends
Construction remains among the deadliest industries in New York City. According to NYCOSH's 2025 report, 2023 saw 30 construction worker deaths, the highest annual toll in the decade spanning 2014 to 2023. The average during that period was 22.7 deaths per year.
The numbers improved dramatically in 2024, with only 7 fatalities recorded and construction injuries dropping 30%. Whether this represents lasting progress or an anomaly remains to be seen. What's certain is that construction workers in NYC face risks that office workers simply don't encounter.
| Year | NYC Construction Fatalities | Injuries (DOB Data) | Notes |
|---|---|---|---|
| 2023 | 30 deaths | 692 | Highest in decade (2014-2023 avg: 22.7) |
| 2024 | 7 deaths | 482 | 10-year low; injuries down 30% |
| 2022 | 24 deaths | N/A | Rate: 11.5 per 100K workers |
| 2020 | 13 deaths | N/A | COVID slowdown |
Source: NYCOSH, NYC Department of Buildings Annual Safety Report
New York Labor Law Protections
New York provides some of the strongest worker protections in the nation. The state's Labor Laws create what attorneys call strict liability, meaning you can recover damages in certain situations without needing to prove anyone was negligent.
Labor Law 240: The "Scaffold Law"
This law holds contractors and property owners absolutely liable for fall injuries or injuries from falling objects. If the safety equipment provided was inadequate, owners bear full responsibility even if you work for a subcontractor. The law covers scaffolds, ladders, hoists, ropes, pulleys, and similar devices. It's considered one of the most powerful worker protections in American law.
Labor Law 241(6)
This provision requires construction sites to follow specific safety regulations from the Industrial Code. When a site violates one of these regulations and you're injured as a result, fault is established automatically. You don't need to prove the contractor was careless because the violation itself proves the case.
Labor Law 200
This law addresses general site safety obligations. Property owners and contractors must keep construction sites reasonably safe, with proper guarding on machinery and adequate lighting. While this law requires proving the defendant knew or should have known about the hazard, it provides another avenue for recovery.
Workers' Compensation vs. Third-Party Claims
Understanding the difference between these two paths is essential if you want to maximize your recovery after a workplace injury.
Workers' compensation is available for virtually any workplace injury regardless of fault. It covers your medical expenses and roughly two-thirds of your lost wages up to the state maximum of $1,833.63 per week. The trade-off is significant though. Workers' comp does not allow recovery for pain and suffering, full lost wages, or diminished future earning capacity.
Third-party claims work differently. If someone other than your employer caused your injury, such as an equipment manufacturer, a property owner, or a general contractor on a multi-employer site, you can sue them directly. These lawsuits have no cap on damages. You can recover complete compensation for all your losses, including the pain and suffering that workers' comp ignores.
For serious injuries, pursuing both avenues simultaneously often makes sense. Your workers' comp provides immediate benefits while a third-party lawsuit seeks full compensation.
| Workers' Compensation | Third-Party Claims |
|---|---|
| Available for all workplace injuries | Requires third party at fault |
| No fault required | Must prove negligence or strict liability |
| Medical expenses covered | Full medical expenses recoverable |
| Partial lost wages (2/3, capped) | Full lost wages recoverable |
| No pain and suffering | Pain and suffering recoverable |
| Max: $1,833.63/week (2025) | No cap on damages |
Types of Workplace Injuries We Handle
Our firm represents workers across industries who have suffered serious injuries on the job. Each type of injury presents its own challenges and opportunities for recovery.
Falls from Heights
Scaffold collapses, ladder falls, roof accidents, unprotected edges, and elevator shaft falls. Labor Law 240 provides absolute liability protection for these cases. Falls comprise 48% of NY construction fatalities.
Struck-By Accidents
Falling tools, construction debris, swinging equipment, crane loads, and forklifts. These cases often involve claims against equipment operators and site owners for failing to maintain safe conditions.
Machinery Accidents
Caught-in-equipment injuries, amputations, and crushing incidents. Product liability claims against manufacturers are common, especially when machines lack proper guarding or lockout/tagout procedures weren't followed.
Electrical Injuries
Electrocution, electrical burns, and arc flash incidents from contact with power lines or energized equipment. Construction accounts for 61% of workplace electrocutions nationwide.
Repetitive Stress Injuries
Carpal tunnel syndrome, tendonitis, and chronic back pain from repeated motions. Common among office workers, warehouse employees, and factory workers. Proper documentation is key to these claims.
Mental Injuries (NEW 2025)
Post-traumatic stress from extraordinary work-related events. Beginning June 4, 2025, all workers can file these claims under new legislation that expanded protections beyond first responders.
OSHA Violations and Your Case
When OSHA cites an employer for safety violations, that evidence can significantly strengthen your injury claim. The most common violations on NYC construction sites involve fall protection, scaffolding safety, hazard communication, lockout/tagout procedures, and ladder use.
Fall protection violations alone accounted for nearly 2,000 citations nationally in a recent year. Scaffolding problems were cited in more than 20 NYC fatality investigations between 2007 and 2014. OSHA can impose fines up to $165,514 for willful violations, and these citations provide strong support for personal injury claims under New York Labor Law.
Key Deadlines for Your Claim
Deadlines move fast in workplace injury cases. You should report your injury to your employer immediately, and certainly within 30 days in writing. For workers' compensation, you have 2 years to file your claim with the Workers' Compensation Board using Form C-3.
Third-party personal injury lawsuits must be filed within 3 years of the accident. Wrongful death claims have a 2-year deadline from the date of death. Missing these deadlines can permanently bar your recovery, so don't delay in getting legal advice.
About Workers' Comp Liens
If you receive workers' comp benefits and later recover through a third-party lawsuit, you'll need to reimburse a portion of those benefits from your settlement. This is called a lien, and navigating it properly is essential to maximizing what you actually take home. An experienced attorney handles this so you don't give up more than legally required.
Related Practice Areas
- Workers Compensation: Denied claims, IME disputes, WC Board hearings
- Construction Accidents
- Product Liability
- Wrongful Death
- Broken Bones
- Amputation and Limb Loss
- Burn Injuries
Related Data and Analysis
- NYC Construction Deaths: A Decade of Data
- Construction Accident Settlements in NY
- Workers' Comp Benefits 2025
- 9/11 Victim Compensation Fund: Cancer Claims
- Workers' Comp vs. Third-Party Claims
- Labor Law 240: The Scaffold Law
Workplace Injury Lawyers by Location
References
NYCOSH. (2025). Construction fatalities report 2025.
https://nycosh.org/wp-content/uploads/2025/05/NYCOSH-Construction-Fatalities-Report-2025_06.pdfNYC Department of Buildings. (2025). Annual construction safety report.
https://www.nyc.gov/mayors-office/news/2025/04/Governor Hochul. (2024). New law to support workers facing job-related post-traumatic stress.
https://www.governor.ny.gov/news/governor-hochul-signs-new-law-support-workers-facing-job-related-post-traumatic-stressOSHA. (2025). Construction industry focus areas.
https://www.osha.gov/constructionInjured in NYC? Talk to a Trial Lawyer.
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Frequently Asked Questions
My employer is pressuring me not to report my injury. What should I do?
Report your injury right away and put everything in writing. Some employers discourage injury reports to protect their insurance rates, but that pressure is illegal. You have a right to medical care and compensation for a work injury, and if you face retaliation for filing a claim, that's its own separate violation. Keep copies of every incident report and every message you exchange with your employer.
My workers' compensation claim was denied. Now what?
Don't give up. A lot of valid claims get denied at first, over paperwork, disputed medical causation, or an employer pushing back. You have the right to appeal through the Workers' Compensation Board. We can gather the medical evidence that supports your claim, represent you at the hearing, and fight for the benefits you're owed.
Can I sue my employer for a workplace injury?
Generally, no. Workers' compensation is your exclusive remedy against your direct employer, so you can't sue them over a workplace injury. But you may still have a claim against a third party, an equipment manufacturer, a property owner who isn't your employer, a subcontractor, or another company whose negligence played a part. Those third-party claims can add compensation on top of your workers' comp benefits.
I developed carpal tunnel from my job. Is that covered?
Yes. Repetitive stress injuries and occupational diseases are covered by workers' compensation in New York. These claims can be harder to prove, though, because you have to establish that your work activities caused or significantly contributed to your condition. Medical documentation that ties your diagnosis to specific work activities matters most.
How much will I receive in workers' compensation benefits?
Workers' compensation typically pays two-thirds of your average weekly wage, up to a statutory maximum, plus full coverage of your medical expenses. The exact number depends on your wages and how severe your disability is. If your injury leaves you with permanent impairment, you may also qualify for a schedule loss of use award.