Under the current Workers’ Compensation Law, there are caps or limits on the number of weeks a permanently partially disabled claimant can collect lost wage benefits.
The chart below provides information regarding the maximum number of weeks that can be paid for different permanent degrees of disability:
- 525 weeks for loss of wage earning capacity of greater than 95%;
- 500 weeks for loss of wage earning capacity of greater than 91% thru 95%;
- 475 weeks for loss of wage earning capacity of greater than 86% thru 90%;
- 450 weeks for loss of wage earning capacity of greater than 81% thru 85%;
- 425 weeks for loss of wage earning capacity of greater than 76% thru 80%;
- 400 weeks for loss of wage earning capacity of greater than 71% thru 75%;
- 375 weeks for loss of wage earning capacity of greater than 61% thru 70%;
- 350 weeks for loss of wage earning capacity of greater than 51% thru 60%;
- 300 weeks for loss of wage earning capacity of greater than 41% thru 50%;
- 275 weeks for loss of wage earning capacity of greater than 31% thru 40%;
- 250 weeks for loss of wage earning capacity of greater than 16% thru 30%;
- 225 weeks for loss of wage earning capacity of 15% or less
It should be noted that the number of cap weeks begins to run as of the date a claimant is classified with a permanent partial disability. All prior payments would be deemed temporary payments and do not count towards the cap.
If you have questions regarding whether or not the permanent partial disability caps apply to your specific case or you have other questions regarding New York State Workers’ Compensation Law, we would be happy to discuss your claim with you.