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Subject Number 046-1649 New York State Workers' Compensation Minimum Weekly Benefit Rate Increases

Board Bulletins and Subject Numbers

December 20, 2023

In accordance with legislation signed into law by Governor Kathy Hochul on September 6, 2023, New York State will increase the minimum weekly benefit rate for workers' compensation indemnity benefits effective January 1, 2024.

The minimum weekly benefit has been $150 per week since 2013. Starting January 1, 2024, the minimum weekly benefit will increase annually. For the first two years, the increase will be a specified dollar amount. Starting July 1, 2026, the minimum weekly benefit will be indexed to the New York State Average Weekly Wage (NYSAWW). The chart below summarizes the schedule of the minimum weekly benefit changes:

Minimum Weekly Benefits
For accidents or dates of disablement from occupational disease occurring on or after:
Date Benefit Rate
January 1, 2024 $275 per week*
January 1, 2025 $325 per week*
July 1, 2026, and each July 1st thereafter 1/5 of the NYSAWW or the employee's actual wages, whichever is less

*If an employee's wages are less than the minimum weekly benefit, they will receive full wages.

The institution of annual increases in the minimum weekly benefit, and eventual indexing to the NYSAWW, will ensure the minimum weekly benefit is more equitable to injured workers going forward.

Clarissa M. Rodriguez