Workers Disability Benefits

New York is one of a handful of states that require employers to provide disability benefits coverage to employees for an off-the-job injury or illness. The Disability and Paid Family Leave Benefits Law (Article 9 of the WCL) provides weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment (WCL §204). If you get injured or become disabled while you are eligible for or are collecting unemployment benefits, and if your injury or disablement results in you being ineligible for unemployment benefits, you are eligible for disability benefits.

Disability benefits are covered through your employer's disability benefits insurance carrier or your employer may be self-insured.

Benefits

Disability benefits are cash-only benefits. The benefit:

You cannot collect disability benefits and Paid Family Leave benefits at the same time. The total combined disability leave and Paid Family Leave in any 52-week period may not exceed 26 weeks.

Note that the PFL does not provide for the payment of medical expenses.

Who is Covered

The Coverage Requirements page provides information about who is considered an employee under the New York State Disability Benefits Law and information about who is and is not covered for disability benefits.

Cost

Your employer is allowed, but not required, to take a contribution from you to offset the cost of providing disability benefits. Your contribution is calculated at the rate of one half of one percent of your wages, but no more than 60 cents a week (WCL §209).

If you have more than one job at the same time, with combined wages of more than $120 per week, you may request each of your employers to adjust your contributions in proportion to the earnings of each employment. The combined contributions may not exceed 60 cents per week. Your request should be made as soon as you enter a second job.

There are some accepted disability benefits plans under which you are required to contribute more than 60 cents per week, but only by agreement and provided your contributions are reasonably related to the value of the benefits.

Eligibility

You must be under the care of a physician, chiropractor, podiatrist, psychologist, dentist, or certified nurse midwife in order to qualify for disability benefits.

If you become disabled while you are employed