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What is the NYS Disability Benefits Law?

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. Coverage for disability benefits can be obtained through a disability benefits insurance carrier who is authorized by the New York State Workers' Compensation Board to write such policies. Another option is for large employers to become authorized by the Board to self-insure (WCL §211).

Disability benefits are temporary cash benefits paid to an eligible wage earner, when he/she is disabled by an off the job injury or illness. The Disability 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). Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury (WCL §207).

Disability benefits include cash payments only.

Medical care is the responsibility of the claimant. It is not paid for by the employer or insurance carrier. Cash benefits are 50 percent of a claimant's average weekly wage, but no more than the maximum benefit allowed, currently $170 per week (WCL §204).

Benefits are paid for a maximum of 26 weeks of disability during 52 consecutive weeks (WCL §205). For employed workers, there is a 7-day waiting period for which no benefits are paid. Benefit rights begin on the eighth consecutive day of disability (WCL §208). An employer must supply a worker who has been disabled more than seven days with a Statement of Rights under the Disability Benefits Law (form DB-271S)adobe pdf ), within five days of learning that the worker is disabled (WCL §229[2]).

An employer is allowed, but not required, to collect contributions from its employees to offset the cost of providing benefits. An employee's contribution is computed at the rate of one-half of one percent of his/her wages, but no more than sixty cents a week (WCL §209).

If an employee has more than one job at the same time, with combined wages of more than $120 per week, the employee may request each employer to adjust the contributions in proportion to the earnings of each employment. The combined contributions may not exceed 60 cents per week. The request should be made as soon as the employee enters a second job.

Who is Covered?

  • An employer of one or more persons on each of 30 days in any calendar year becomes a "covered" employer four weeks after the 30th day of such employment.
  • Employees or recent employees of a "covered" employer, who have worked at least four consecutive weeks.
  • Employees of an employer who elects to provide benefits by filing an Application for Voluntary Coverage.
  • Employees who change jobs from one "covered" employer to another "covered" employer are protected from the first day on the new job. Generally, an eligible employee does not lose protection during the first 26 weeks of unemployment, provided he/she is eligible for and is claiming unemployment insurance benefits.
  • Domestic or personal employees who work 40 or more hours per week for one employer. (Domestic Workers)

Who is not Covered?

  • A minor child of the employer.
  • Government, railroad, maritime or farm laborers.
  • Ministers, priests, rabbis, members of religious orders, sextons, Christian Science readers.
  • Individuals that volunteer their services for nonprofit organizations and receive no compensation. Compensation includes stipends, room and board, and other "perks" that have monetary value. (Stipends used solely to offset expenses incurred while performing activities for the nonprofit are not counted as stipends.)
  • An executive officer of an incorporated religious, charitable or educational institution, and persons engaged in a professional or teaching capacity in or for a religious, charitable, or educational institution (Section 501(c)(3) under the IRS tax code), and persons receiving rehabilitation services in a sheltered workshop operated by such institutions under a certificate issued by the U.S. Department of Labor.
  • Persons receiving aid from a religious or charitable institution, who perform work in return for such aid.
  • One or two corporate officers who either singly or jointly own all of the stock and hold all of the offices of a corporation that employs no other employees.
  • Golf caddies.
  • Daytime students in elementary or secondary school, who work part-time during the school year or their regular vacation period. (Students)
  • Employees who change to jobs in an exempt employment or with a "non-covered" employer, and work in such employment for more than four weeks, lose protection until they work four consecutive weeks for a "covered" employer.
  • The spouse of an employer that files a spousal exclusion form (DB-212.5)adobe pdf). (Spouse of Employer)

Note: A "non-covered" employer may elect at any time to provide disability benefits coverage by filing an Application for Voluntary Coverage with the Chair of the Workers' Compensation Board.

 

   

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