Maximum Worker's Compensation Rate in NY 2018
In 2018, New York set the maximum temporary total disability (TTD) worker's compensation rate at $904.74 per week and the maximum permanent total disability (PTD) rate at $1,727.43 per week. These caps are tied to the statewide average weekly wage (SAWW) and determine the highest weekly benefit an injured worker can receive under the New York Workers' Compensation Law. The actual benefit an individual receives depends on the type of disability, the worker's pre-injury average weekly wage, and the schedule of losses applicable to the injury.
- Maximum Worker's Compensation Rate in NY 2018
- How NY Workers' Compensation Rates Are Calculated
- 2018 Maximum Rates by Disability Type
- Understanding Temporary Total Disability (TTD)
- Understanding Permanent Total Disability (PTD)
- Understanding Permanent Partial Disability (PPD)
- Supplemental Allowance in 2018
- Why the 2018 Maximum Rate Matters
- Key Factors That Influence Your Actual Benefit
- How to Verify the Maximum Rate for Your Claim
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How NY Workers' Compensation Rates Are Calculated
New York calculates workers' compensation benefits as a percentage of the worker's average weekly wage (AWW), subject to a statutory maximum. For temporary total disability, the maximum is two-thirds of the SAWW, rounded to the nearest dollar. The SAWW is published annually by the New York State Workers' Compensation Board and serves as the benchmark for all maximum rate calculations. The 2018 SAWW was used to derive the benefit caps that applied to injuries occurring or claims filed during that calendar year.
2018 Maximum Rates by Disability Type
| Disability Type | Maximum Weekly Rate (2018) | Applies To |
|---|---|---|
| Temporary Total Disability (TTD) | $904.74 | Workers unable to work at all while recovering from a covered injury |
| Permanent Total Disability (PTD) | $1,727.43 | Workers with total and permanent loss of use of both hands, arms, feet, legs, or eyes |
| Permanent Partial Disability (PPD) | Varies by body part | Scheduled injuries with a defined loss of use percentage |
| Supplemental Allowance | Capped amount | Workers who return to work at lower wages after PTD or scheduled loss |
Understanding Temporary Total Disability (TTD)
TTD benefits replace wages when a worker is completely unable to work due to a compensable injury. In 2018, the maximum TTD rate was $904.74 per week. Benefits are paid at two-thirds of the worker's AWW, up to that cap. TTD continues until the worker reaches maximum medical improvement (MMI) or returns to work, whichever comes first. The first seven days of disability are generally not compensated unless the disability lasts longer than 14 days.
Understanding Permanent Total Disability (PTD)
PTD benefits are the highest level of worker's compensation in New York. The maximum PTD rate in 2018 was $1,727.43 per week. PTD is awarded for catastrophic injuries such as the total loss of use of both hands, both arms, both feet, both legs, or both eyes. These benefits are ongoing and are subject to periodic review. The 2018 rate reflected the SAWW in effect that year, and the rate adjusts annually based on the updated SAWW figure.
Understanding Permanent Partial Disability (PPD)
For injuries to specific body parts listed in the schedule of losses, PPD benefits are calculated based on the percentage of loss and the maximum rate for that body part. The maximum PPD weekly benefit in 2018 was generally tied to the TTD maximum of $904.74, but the total award is limited by the number of weeks assigned to the injured body part under the schedule. For example, a loss of a hand carries a maximum of 1,950 weeks of compensation, while a loss of a foot carries a maximum of 1,350 weeks. The actual PPD payment per week is the percentage of loss multiplied by the maximum weekly rate for that category.
Supplemental Allowance in 2018
Workers who have received a PTD or scheduled loss award and return to work at wages below their pre-injury level may qualify for a supplemental allowance. The 2018 maximum supplemental allowance rate was a capped amount set by the Workers' Compensation Board. This benefit helps bridge the gap between the worker's reduced post-injury earnings and the pre-injury wage level.
Why the 2018 Maximum Rate Matters
The maximum rate acts as a ceiling for all weekly benefits in a claim. Even if a worker's AWW is significantly higher, the weekly benefit cannot exceed the statutory cap. This affects the total value of a claim, particularly for high-income workers. Understanding the 2018 cap is important for estimating the lifetime value of a PTD award, calculating the total PPD settlement, or evaluating whether a proposed settlement is fair.
Key Factors That Influence Your Actual Benefit
- Pre-injury average weekly wage: The AWW determines the base rate before the cap is applied.
- Type of disability: TTD, PTD, and PPD each have different maximum rates and duration limits.
- Schedule of losses: The body part injured determines the maximum number of weeks and the applicable rate.
- Date of injury: The SAWW in effect for the year of injury determines the maximum rate that applies.
- Pre-existing conditions: These can affect the percentage of disability assigned and the final benefit amount.
How to Verify the Maximum Rate for Your Claim
The New York State Workers' Compensation Board publishes the official maximum rates each year. For claims arising in 2018, the rates in effect at the time of injury or the date the claim was filed apply. Workers and their representatives can confirm the exact rate by consulting the Board's annual rate schedule or by contacting the Board directly. An experienced workers' compensation attorney in New York can also help ensure that the correct maximum rate is applied to your specific injury and claim.