There have been recent changes to New York state’s workers’ compensation law that is important to for employers to note—starting in 2024. In September 2023, Gov. Kathy Hochul signed S.1161-A/A.2034-A into law, which will increase the minimum benefits for workers’ compensation (permanent or temporary partial disability) in 2024 and beyond. The aim of the new legislation is to create better protections for low-wage workers who are injured and cannot work.
What’s changing?
The following graduated changes will be made to the New York state Workers’ Compensation Law starting in 2024:
Compensation for permanent or temporary partial disability, or for permanent or temporary total disability due to an accident or disablement resulting from an occupational disease that occurs:
- On or after Jan. 1, 2024, and before Jan. 1, 2025, shall not be less than $275 per week except if that employee’s wages at the time of injury are less than $275, that employee shall receive his or her full wages.
- On or after Jan. 1, 2025, and before July 1, 2026, shall not be less than $325 dollars per week except that if the employee’s wages at the time of injury are less than $325, that employee shall receive his or her full wages.
- On or after July 1, 2026, and on or after July 1 of each succeeding year shall not be less than one-fifth of the New York state average weekly wage for the year in which it is reported except that if the employee’s weekly wages are equal to or less than one fifth of the New York state average weekly wage for the year in which it is reported, that employee shall receive his or her full wages.
These changes to New York’s laws are an effort by the governor to “support, protect, and expand benefits for New York workers.”[1]
Additional resources
For more information, PIA Northeast members can access Recent updates to New York State Workers’ Compensation Law, in the PIA QuickSource library.
[1] Governor Hochul Signs Legislation to Support Workers by Protecting Employees From Mandatory Political and Religious Meetings, Strengthening Wage Theft Penalties, and Increasing Benefits for Injured Workers, New York State, Sept. 6, 2023.
Danielle Caswell, Esq.
Danielle Caswell joined PIA Northeast as associate counsel in the Government & Industry Affairs Department in 2023. She earned her bachelor’s degree from New York University and her law degree from Brooklyn Law School with a particular focus on intellectual property, information, and media law. Prior to joining PIA, Danielle was an associate at a law firm in New York City where she focused primarily on intellectual property and entertainment-related transactional and litigation matters.
