Disability benefits

New York state statutorily requires employers to provide disability benefits coverage to employees for off-the-job injuries or illnesses. This coverage can be obtained through insurance carriers or through the employers’ self-insurance, which has special requirements that are outlined in Article 9 of the New York State Workers’ Compensation Law, which is entitled The Disability Benefits Law.

Article 9 of the Workers’ Compensation Law, which is entitled The Disability Benefits Law, provides for weekly cash benefits to replace, in part, wages lost due to illnesses or injuries that happen off the job.

These benefits are paid for a maximum of 26 weeks. There is a seven-day waiting period before these benefits are paid. Benefits begin on the eighth consecutive day of disability. After a worker has been disabled for more than seven days, their employer should supply them with a copy of the form DB-271S—Statement of Rights Under the Disability Benefits Law.

An employer may, at their choosing, collect contributions from their employees to help offset the cost of providing disability benefits. An employee’s contribution is calculated at one-half of 1 percent of their wages, however, cannot be more than 60 cents a week.

There are certain employments that are exempted from the disability statutes. These include those listed under “Who is not covered?” at: http://www.wcb.ny.gov/content/main/offthejob/WhoCovered_DB.jsp.

QuickSource documents

New York resources

QS31226—New York State Workers’ Compensation Board employers' handbook
QS31216—Your rights—disability benefits
QS31231—Requirements under General Municipal Law Section 125 and Workers’ Compensation Law Sections 57 and 220 for workers’ compensation and disability benefits—Prove it to move it program

Ask PIAs

900266-00—Disability for employees working out-of-state
900114-00—States with statutory disability

New York resources

310082-00—Disability: for leased employees
310246-00—Personal injury protection and disability
310148-00—DBL rules on LLCs

Common forms

Statement of rights under the Disability Benefits Law
Notice and proof of claim for disability benefits
Notice and proof of claim for disability benefits by unemployed claimant

Additional resources

How do I file a claim?

FAQs

New York State Workers’ Compensation Board Disability Benefits FAQ