Calculate Loss of Wage Earning Capacity classification rate, bracket, max weeks, attorney fee, and net to claimant under New York Workers' Compensation Law.
| 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.
Not sure whether your case qualifies for Schedule Loss of Use or Loss of Wage Earning Capacity? Try our SLU calculator for comparison.
Go to SLU CalculatorLoss of Wage Earning Capacity (LWEC), also known as permanent partial disability (PPD) in some contexts, is a form of workers' compensation benefit available to injured workers in New York State who have suffered permanent injuries that reduce their ability to earn wages. Unlike Schedule Loss of Use, which is a fixed benefit, LWEC is flexible and based on the individual worker's actual loss of earning capacity.
Classification System: When an injured worker reaches maximum medical improvement and cannot return to regular employment, the Workers' Compensation Board classifies the worker as having lost a percentage of their wage earning capacity. This percentage falls into a bracket that determines the maximum number of weeks of benefits payable.
LWEC Benefit Calculation: The weekly LWEC classification rate equals the LWEC percentage × the worker's 2/3 AWW compensation rate. For example, a 50% LWEC classification with a $750/week comp rate yields $375/week. That rate is paid for the maximum weeks in the bracket (350 weeks for 51–60%).
Attorney Fee: Under WCL §24, attorneys are typically awarded 15 weeks × the weekly classification rate as their fee, deducted from the total award. 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.