Change in Workers' Compensation Benefit Rates

Date: April 24, 2007

Disability

On March 13, 2007, Governor Eliot Spitzer signed into law Chapter 6 of the Laws of 2007 [A.6163/S.3322]. This bill amended Section 15(6)(a) of the Workers' Compensation Law to increase the maximum weekly benefits for permanent or temporary partial disability and permanent or temporary total disability from $400 to:

• $500 for an accident or disablement that occurs on or after July 1, 2007
• $550 for an accident or disablement that occurs on or after July 1, 2008
• $600 for an accident or disablement that occurs on or after July 1, 2009
• two-thirds of the New York State average weekly wage on or after July 1, 2010 and each July 1st thereafter.

The New York State average weekly wage will be the average weekly wage for the previous calendar year as reported by the Commissioner of Labor on March 31st.

The bill also raises the minimum benefits for permanent or temporary partial disability and permanent or temporary total disability from $40 per week to $100 per week.

Death

Chapter 6 of the Law of 2007 also amended Section 16(5) of the Workers' Compensation Law to increase the maximum amount of weekly compensation to be taken into account in calculating death benefits from $600 to:

• $750 for an accident or disablement that occurs on or after July 1, 2007
• $825 for an accident or disablement that occurs on or after July 1, 2008
• $900 for an accident or disablement that occurs on or after July 1, 2009
• the New York State average weekly wage on or after July 1, 2010 and each July 1st thereafter.

Other provisions of this landmark legislation will be announced in forthcoming Board releases.

Donna Ferrara
Chair