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Workers’ Compensation FAQs

How long do workers’ comp benefits last in New York?

Quick Answer
It depends on your disability classification. Temporary total disability benefits can last up to 7 years total under NY law. Permanent partial disability benefits run from 225 to 525 weeks depending on your loss of wage-earning capacity. Permanent total disability benefits continue until age 65, then are reduced. There is no one-size answer — your specific medical classification drives the timeline.
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What you need to know

The duration of your workers’ comp benefits in New York depends entirely on how the WCB classifies your disability. There are four main categories, and each has different time limits.

Temporary Total Disability (TTD): You cannot work at all while recovering. Benefits continue as long as your doctor certifies total disability, subject to a 7-year aggregate cap from the date of injury under current law. Weekly benefit equals two-thirds of your AWW up to the state maximum.

Temporary Partial Disability (TPD): You can do some work but not your regular job. Your benefit equals two-thirds of the difference between your pre-injury AWW and your current reduced earnings. This continues as long as the partial wage loss exists during recovery.

Permanent Partial Disability (PPD): Benefits last between 225 and 525 weeks depending on your assigned loss of wage-earning capacity (LWEC) percentage under NY Workers’ Comp Law §15(3). The 2007 Reform Act set these specific caps.

Permanent Total Disability (PTD): The most serious classification. Benefits continue until age 65, then are reduced by 50% for up to 10 years more under §15(6), unless you have no other retirement income. PTD is for catastrophic injuries — spinal cord damage, loss of both hands, blindness.

Reaching Maximum Medical Improvement does not automatically end your benefits. It shifts you from a temporary classification to a permanent one. The transition point is critical and is often when insurance companies push hardest for a Section 32 settlement.

If you are approaching any of these time limits or transitions, get legal advice before your benefits are cut.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades. He still attends Workers’ Compensation board hearings himself.

Last reviewed: May 14, 2026
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The attorneys who work your case

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  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

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  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

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  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • Admitted in New York, 2007
    • 20 years in practice
    • Fluent in Spanish

    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

    Full bio & credentials →

  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Lauren
    • Admitted in New York, 2023
    • Albany Law School, J.D. 2022
    • Handles Third Department appeals

    Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.

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