Unlike many other states, New York requires most employers to provide disability coverage to employees who become disabled due to non-work-related injury or illness. At Nappa, Montresso & Poznansky, LLP, our disability lawyers and workers’ compensation attorneys are well-versed in the New York State Disability Benefits Law (DBL). For more than 30 years, we’ve helped injured workers in the greater NYC area get the benefits they need to protect their health and financial security. Knowing how New York State disability benefits work and understanding your rights can help to ensure you receive the financial support you’re entitled to receive if you need assistance.
Understanding New York State Short-Term Disability
New York’s short-term disability insurance provides temporary income replacement to employees who are unable to work due to an illness or injury that is not work-related. While long-term disability and workers’ compensation provide medical and wage replacement benefits for workplace injuries, short-term disability in New York is designed for temporary, non-occupational disabilities, which includes conditions that arise from pregnancy and childbirth.
Who Is Covered Under New York Short-Term Disability Benefits?
Although most workers in New York State are covered under the DBL, there are a few exceptions. Covered employees include:
- Employees working for private employers with one or more employees
- Domestic workers, such as housekeepers or nannies who work at least 40 hours per week for one employer
- Public employees if their employer opts into the program
- Employees who work in New York, even if the employer is based somewhere else
Those who are not eligible for the DBL include:
- Employees of religious or charitable organizations
- Independent contractors or freelancers
- Certain non-profit workers
Public and government employees are only covered under the DBL if their employer opts into the program. Self-employed workers, independent contractors, and freelancers are not automatically covered, but they can opt into coverage by purchasing a voluntary disability policy through a private insurer or the State of New York.
Who is Eligible for New York Short-Term Disability Benefits?
To qualify for short-term disability benefits in New York, you must have worked for a covered employer for at least four consecutive weeks and be injured or ill due to non-job-related medical condition. You must also be under the care of a physician, nurse practitioner, chiropractor, dentist, or certified nurse midwife.
How Much is Short-Term Disability and How Long Does It Last?
Short-term disability benefits are cash only and pay 50% of your average weekly wage based on your last eight weeks of employment. In 2025, The New York State maximum benefit is $170 per week. If you were injured in an auto accident and collect short-term disability, any no-fault insurance benefit you are eligible to receive may be reduced.
There is a seven-day waiting period in which no benefits are paid. Benefits may be paid for up to 26 weeks in any 52-week period. If your disability returns within 26 weeks of returning to work, it’s considered a continuation of your existing disability claim. After 26 weeks, it’s considered a new claim with a new 26-week benefit period.
Short-Term Disability Benefits for Pregnant Workers
If you’re pregnant, you may begin receiving benefits up to four weeks before your due date. Short-term disability benefits can continue for up to six weeks after a vaginal delivery and eight weeks after a C-section, unless your doctor certifies a longer disability.
It’s important to note that short-term disability is not the same as Paid Family Leave (PFL) – they are two different programs in New York. You cannot receive both benefits at the same time but can receive them consecutively. For example, you may receive short-term disability until six weeks after childbirth and use PFL for up to an additional 12 weeks to bond with your baby. As of 2025, PFL pays 67% of your average weekly wage up to a cap that is adjusted annually.
Filing a New York Short-Term Disability Claim
Your claim must be filed within 30 days of your disability. If your disability started within four weeks of the last day you worked, you must file a Notice and Proof of Claim for Disability Benefits (DB-450) with your employer or their insurer. If you’re unemployed and your disability started more than four weeks from the last day you worked, the New York State Special Fund for Disability Benefits will pay your claim.
Make sure to complete all employee information and get your medical provider to fill out the section of the form describing your disability and its expected duration. Our short-term disability lawyers can ensure that all relevant medical evidence is included to help strengthen your claim for benefits.
What if My Claim is Denied?
If your short-term disability claim is denied, you can file an appeal with the New York Workers’ Compensation Board. They may ask for further information and hold a hearing to discuss your claim. If it’s approved, the claim will be paid by your employer, their insurance carrier or the NY Special Fund for Disability Benefits. If you receive a denial, it’s vital to contact a disability lawyer in New York as soon as possible. Having our team help with your appeal can significantly increase your chances of a successful outcome.
Trust Our Staten Island Disability Attorneys
We know that dealing with short-term disability benefits in New York can be challenging. Our disability attorneys in Staten Island can take some of the weight off your shoulders so you can focus on healing. Our team is well-versed in the law and claims and appeals processes. We’ve built a solid reputation in the New York legal community and are familiar with local courts, the NYWCB, and others involved in disability and workers’ compensation claims and appeals. Attorney and Partner Rolando Cubela is proud to offer top-notch legal representation to our Spanish-speaking clients.
Contact Our Disability Lawyers in the Greater New York City Area
If you need assistance with a New York short-term disability claim, Monterosso & Poznansky, LLP, can help. To learn more, call 718-273-9000 or contact us today to schedule a consultation with a disability attorney in Staten Island.
