Calculate Loss of Wage Earning Capacity classification rate, bracket, max weeks, attorney fee, and net to claimant under New York Workers' Compensation Law.
Loss of Wage Earning Capacity (LWEC) is New York's measure of how much a permanent, non-schedule injury reduces an injured worker's ability to earn wages. When a worker reaches maximum medical improvement with a permanent partial disability that isn't covered by the Schedule Loss of Use system — typically spine, head, and systemic injuries — the Workers' Compensation Board assigns an LWEC percentage based on medical impairment, functional limitations, and vocational factors such as age, education, and work history.
That percentage drives both the weekly benefit rate and the maximum number of weeks the benefit is payable, using the bracket system shown below.
The weekly LWEC classification rate equals your LWEC percentage × your compensation rate (2/3 of your average weekly wage, capped at the statutory maximum rate for your date of injury). For example, a 50% LWEC classification with a $750/week comp rate yields $375/week.
The duration is capped by WCL §15(3)(w): the LWEC percentage falls into a bracket that sets the maximum weeks of benefits — from 225 weeks at 15% or less up to 525 weeks above 95%. Workers classified with a permanent total disability receive lifetime benefits.
Not sure of your wage figure? Establish it first with the Average Weekly Wage (AWW) calculator under WCL §14.
| Classification | LWEC % Range | Max Weeks |
|---|---|---|
| Total (Industrial) | 100% | Lifetime |
| 96%+ | 96–100% | 525 |
| 91–95% | 91–95% | 500 |
| 86–90% | 86–90% | 475 |
| 81–85% | 81–85% | 450 |
| 76–80% | 76–80% | 425 |
| 71–75% | 71–75% | 400 |
| 61–70% | 61–70% | 375 |
| 51–60% | 51–60% | 350 |
| 41–50% | 41–50% | 300 |
| 31–40% | 31–40% | 275 |
| 16–30% | 16–30% | 250 |
| 15% or less | 0–15% | 225 |
Attorney fee is assessed as 15 weeks × the classification rate, deducted from the total award. For "Total (Industrial)" classifications, benefits continue for life.
New York permanency awards come in two forms. A Schedule Loss of Use (SLU) award pays a fixed number of weeks for permanent loss of use of an extremity — arm, hand, leg, foot, fingers, vision, or hearing — under WCL §15(3), even if you're back at work at full pay. LWEC covers non-schedule permanent injuries (spine, head, systemic conditions) with weekly benefits paid over a capped duration. A case generally resolves under one framework or the other for a given injury.
Think your injury may be a schedule loss? Estimate the award with the free Schedule Loss of Use (SLU) calculator.
Go to SLU CalculatorLWEC stands for Loss of Wage Earning Capacity — the percentage by which a permanent injury reduces your ability to earn wages. The Workers' Compensation Board sets it at permanency (classification) based on medical impairment, functional limitations, and vocational factors such as age, education, and work history.
WCL §15(3)(w) caps benefit weeks by LWEC percentage — from 225 weeks at 15% or less up to 525 weeks at over 95%. Workers found permanently totally disabled receive lifetime benefits.
The weekly classification rate equals your LWEC percentage multiplied by your compensation rate (two-thirds of your average weekly wage, capped at the statutory maximum for your date of injury). For example, 50% LWEC with a $750 comp rate pays $375 per week.
No. A Schedule Loss of Use (SLU) award pays a fixed number of weeks for permanent loss of use of an extremity under WCL §15(3). LWEC compensates non-schedule permanent injuries — spine, head, and systemic conditions — with weekly benefits over a capped duration.
Attorneys are typically awarded 15 weeks multiplied by the weekly classification rate, deducted from the award and subject to Workers' Compensation Board approval under WCL §24. This calculator shows the full fee and net-to-claimant breakdown.
Disclaimer: This calculator is provided for informational purposes only and does not constitute legal advice. LWEC calculations are based on current New York State workers' compensation law and Department of Financial Services regulations. The classification percentage is determined by the Workers' Compensation Board and may vary based on medical evidence, vocational evaluation, and hearing outcomes. Consult a qualified workers' compensation attorney for guidance on your specific case.