New York Workers’ Comp Weekly Benefit Calculator (2026)

This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.

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Quick Answer

In New York, workers’ comp pays 66.67% of your average weekly wage (AWW), up to a maximum of $1,281.50 per week and no less than $384.45 per week (2026 rates). Your AWW is calculated from your gross wages in the 52 weeks before your injury date. The statewide maximum is capped at the New York State Average Weekly Wage (SAWW) of $1,922.25, adjusted annually by the Workers’ Compensation Board.

Source: New York Workers’ Compensation Board, NYS WCL § 14, 2026 SAWW announcement.

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From Shane: What Living on 66.67% Actually Feels Like

A personal note before we get into the math.

When I got hurt, nobody warned me about the gap. Not the 33.33% gap between what I earned and what I received. Not the weeks it would take for that first check to arrive. Not the fact that my employer’s insurer calculated my AWW in a way that shaved $80 a week off what I was actually owed.

That $80 a week was $4,160 a year. It wasn’t an accident. It was a calculation made by someone who knew I probably wouldn’t check.

Here’s my practical advice: Before anything else, pull your pay stubs for the 52 weeks before your injury. Every single one. Add up every dollar of gross pay — regular hours, overtime, bonuses, tips. Divide by 52. That is your AWW. If the insurer’s number doesn’t match yours, challenge it immediately in writing.

And budget like the checks will be late. Because they will be.

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The Exact Calculation Formula

New York Workers’ Compensation Law § 14 governs AWW calculation. The formula is not complicated, but the inputs are deliberately broad — which means insurers have multiple opportunities to exclude income that should be included.

Step 1: Add all gross wages for the 52 weeks immediately preceding the injury.

Step 2: Divide by 52.

Step 3: Multiply by 0.6667 (66.67%).

Step 4: Apply the floor and ceiling.

AWW = (Total Gross Wages in Prior 52 Weeks) ÷ 52
Weekly Benefit = AWW × 0.6667
Minimum: $384.45 | Maximum: $1,281.50

What Counts as “Wages” in New York

Income Type	Included in AWW?	Notes
Regular hourly wages	✅ Yes	Gross, pre-tax
Overtime pay	✅ Yes	Must be included per WCL § 14
Bonuses	✅ Yes	Pro-rated across the 52 weeks
Tips (reported)	✅ Yes	Must be documented
Second job wages	✅ Yes	If employer knew about concurrent employment
Commission income	✅ Yes	Averaged across 52 weeks
Per diem / expense reimbursements	❌ No	Not considered wages
Employer-paid benefits (health ins.)	❌ No	Not included

Source: NYS WCL § 14; NY WCB Subject No. 046-003.

The 52-Week Rule: What Happens If You Worked Less Than a Year

If you worked fewer than 52 weeks for the employer at the time of injury, New York law requires the Board to calculate your AWW using one of two methods:

1. Divide actual wages earned by the actual number of weeks worked — used when you have a complete wage history, even if short.
2. Use a “similar employee” wage — if your employment period is too short or irregular, the Board may use the AWW of a comparable worker in the same position.

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New York Workers’ Comp Weekly Benefit Table (2026)

Calculated at 66.67% of AWW. Minimum benefit: $384.45. Maximum benefit: $1,281.50.
Wages at or below ~$577 trigger the minimum benefit floor. Wages at or above $1,922.25 (SAWW) are capped at the maximum.

Your AWW	66.67% Calculated	Actual Weekly Benefit
$300	$200.01	$384.45 (minimum applies)
$400	$266.68	$384.45 (minimum applies)
$500	$333.35	$384.45 (minimum applies)
$600	$400.02	$400.02
$700	$466.69	$466.69
$800	$533.36	$533.36
$900	$600.03	$600.03
$1,000	$666.70	$666.70
$1,100	$733.37	$733.37
$1,200	$800.04	$800.04
$1,300	$866.71	$866.71
$1,400	$933.38	$933.38
$1,500	$1,000.05	$1,000.05
$1,600	$1,066.72	$1,066.72
$1,700	$1,133.39	$1,133.39
$1,800	$1,200.06	$1,200.06
$1,900	$1,266.73	$1,266.73
$1,922.25 (SAWW)	$1,281.50	$1,281.50 (cap reached)
$2,000	$1,333.40	$1,281.50 (maximum applies)
$2,100	$1,400.07	$1,281.50 (maximum applies)
$2,200	$1,466.74	$1,281.50 (maximum applies)
$2,300	$1,533.41	$1,281.50 (maximum applies)
$2,400	$1,600.08	$1,281.50 (maximum applies)
$2,500	$1,666.75	$1,281.50 (maximum applies)
$2,600	$1,733.42	$1,281.50 (maximum applies)
$2,700	$1,800.09	$1,281.50 (maximum applies)
$2,800	$1,866.76	$1,281.50 (maximum applies)
$2,900	$1,933.43	$1,281.50 (maximum applies)
$3,000	$2,000.10	$1,281.50 (maximum applies)

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What the Law Says vs. What Actually Happens

This is the section most guides skip. It’s the most important section in this entire article.

The law says: Calculate AWW from 52 weeks of gross wages including overtime and bonuses.

What often happens: The insurer’s adjuster pulls a wage statement from your employer, your employer reports your base hourly rate × standard hours, and overtime is quietly omitted. One study of workers’ comp wage disputes found AWW miscalculation is among the top three causes of benefit underpayment in New York claims. (Source: NYS WCB Annual Report, 2022.)

The Four Most Common AWW Underpayment Tactics

1. Excluding overtime wages. Overtime is legally required to be included. An adjuster omitting it isn’t making a mistake — they’re hoping you don’t know the rule.
2. Using a short lookback period. Some adjusters calculate AWW using only the 13 weeks before injury, which may exclude a high-earning period.
3. Using net wages instead of gross wages. Your benefit is based on gross pre-tax income, not your take-home pay.
4. Ignoring secondary employer wages. If your employer knew you worked a second job concurrently, those wages belong in your AWW.

How to catch it: Request the C-240 wage statement your employer filed. Line-item every week. Cross-reference it against your own pay stubs. If any week is missing or shows only base pay when you worked overtime, file a C-240 objection immediately.

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Real Case Example: Fluctuating Hours and Overtime

Worker Profile:
– Name: Marcus (composite example)
– Occupation: Warehouse supervisor, Bronx, NY
– Injury date: March 15, 2025
– Employment period with this employer: 3 years

52-Week Wage Breakdown:
– Regular wages (52 weeks × $720/week base): $37,440
– Overtime (averaged 6 OT hours/week × $27/hr): $8,424
– Annual production bonus (paid December 2024): $2,600
– Total gross wages, prior 52 weeks: $48,464

AWW Calculation:

AWW = $48,464 ÷ 52 = $931.00
Weekly Benefit = $931.00 × 0.6667 = $620.80

What the insurer initially paid:
The adjuster used only Marcus’s base rate of $720/week, excluded overtime and the bonus, calculating a benefit of $480.02/week.

The difference: $620.80 − $480.02 = $140.78 per week in underpayment.
Over a 26-week temporary disability period, that underpayment totals $3,660.28.

Marcus filed a C-240 correction with documented pay stubs. The insurer was ordered to pay the corrected rate plus retroactive back payments.

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Frequently Asked Questions

Q: How does New York calculate AWW if I work multiple jobs?

Direct Answer: New York includes wages from concurrent employment in your AWW calculation, but only if your primary employer (the one where the injury occurred) had actual knowledge that you held the second job.

Detailed Explanation: Under NYS WCL § 14(6), when a worker holds two jobs simultaneously, the wages from the non-injury employer are included in the AWW if the injury employer knew about the concurrent employment at the time of the accident. “Knowledge” does not have to be formal written disclosure — it can be established through coworker testimony, scheduling conflicts your employer accommodated, or documentation showing your employer was aware. If your employer did not know about your second job, only the wages from the injury employer are used. This is a significant issue for gig workers, tradespeople who moonlight, and anyone in the service industry. If you believe concurrent wages should be included, document every possible evidence of your employer’s knowledge immediately.

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Q: Are bonuses included in my New York AWW calculation?

Direct Answer: Yes. Bonuses paid by your employer within the 52-week lookback period are included in your AWW and are averaged across all 52 weeks — not counted as a windfall in the week they were paid.

**Detailed Explanation

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