The Two Programs and Which One You Need

New York has two separate temporary disability programs, and which one you use depends on whether you work for a private employer or the state government. Temporary Disability Insurance (TDI) covers private-sector workers and is run by the New York State Department of Labor. Temporary Disability Benefits (TDB) covers state employees and is administered by the New York State Department of Civil Service. Both programs replace part of your wages while you cannot work due to illness or injury — not a work-related injury, which falls under workers' compensation instead.

Most people in New York work in the private sector and file for TDI. The process takes roughly four to six weeks from the time you submit your claim until you receive your first payment, though this varies depending on how quickly your employer and doctor return required paperwork.

Key Takeaways

  • Private-sector workers file for Temporary Disability Insurance (TDI) through the New York State Department of Labor; state employees file for Temporary Disability Benefits (TDB) through the Department of Civil Service.
  • You must have worked in New York for at least four weeks and earned at least $20.34 per week to be covered, though most full-time workers meet this threshold automatically.
  • Your doctor must complete a medical certification form stating you cannot work, and your employer must complete an employer form — both documents are required before the state will process your claim.
  • You can file online through the Department of Labor website, by mail, or in person at a Department of Labor office, and filing online is fastest.
  • The program replaces roughly 50 percent of your weekly wages, up to a maximum amount that changes each year.

Checking Whether You Are Covered

You are covered by TDI if you work for a private employer in New York and have been employed there for at least four weeks. You must also have earned at least $20.34 per week during that time — a threshold almost all full-time and part-time workers meet. If you work multiple jobs, only the employer who withholds TDI taxes from your paycheck is the one who files the employer portion of your claim.

Check your most recent pay stub: if you see a line item labeled "TDI" or "Disability Insurance" with an amount deducted, you are covered. If you do not see it and you have worked there more than four weeks, ask your payroll department whether the employer is registered with the state program. Some very small employers or certain industries may not participate, though most do.

State employees should confirm with their agency's human resources office that they are enrolled in TDB rather than TDI. The filing process for TDB is similar but uses different forms and a different state office.

Gathering the Documents You Need

Before you file, collect three things: proof of your identity, your Social Security number, and the name and contact information for your employer. You will also need your employer's account number with the Department of Labor, which your payroll department can provide in seconds.

Your doctor must complete the Physician's Statement form (form DB-521), which certifies that you cannot work and states the expected duration of your disability. This form is not optional — the state will not process your claim without it. You can read the form from the Department of Labor website or ask your doctor's office for it. Some doctors' offices are familiar with this form; others may need you to provide it. Allow at least one week for your doctor to complete and return it, and call ahead to confirm they will do so.

Your employer must complete the Employer's Statement form (form DB-450), which verifies your employment dates, wages, and whether you are still employed. You submit this form yourself — do not ask your employer to mail it directly to the state. Your employer has no legal obligation to rush this, so follow up after five business days if you have not received it.

Filing Your Claim Online, by Mail, or In Person

The fastest route is to file online through the New York State Department of Labor website at labor.ny.gov. You will need to create an account, enter your personal information, employment details, and the date your disability began. You can upload your physician's statement and employer's statement as PDF files. The system will generate a confirmation number when ready.

If you cannot file online, you can mail your completed forms to the Department of Labor's Disability Benefits Unit at the address listed on the form packet, or visit a Department of Labor office in person. Mailed claims take longer to process because the state must receive and scan the documents. In-person filing at an office is useful if you have questions about which forms to submit or if your situation is unusual.

File as soon as your doctor confirms you cannot work. The state can backdate your claim to the first day of your disability, but only if you file within 30 days. Filing late does not disqualify you, but it means you will receive fewer weeks of back pay.

What Happens After You File

Once the state receives your claim, it will contact your employer to verify the information on the employer's statement. This usually takes one to two weeks. If your employer does not respond within 10 days, the state will send a reminder. If the employer still does not respond after 20 days, the state may process your claim based on the information you provided, though this is less common.

The state will also review your physician's statement to confirm that your condition prevents you from working. If the doctor's statement is unclear or incomplete, the state may contact your doctor for more information, which can add one to two weeks to processing time.

Once everything is verified, the state will send you a notice of information in the mail stating whether your claim is approved or denied. If approved, your first payment will arrive within one to two weeks after that notice. Payments are made by direct deposit if you provided banking information, or by check if you did not.

How Much You Will Receive and For How Long

TDI replaces approximately 50 percent of your average weekly wage, calculated from the 52 weeks before your disability began. There is a maximum weekly benefit amount that the state sets each year — in 2024, this maximum is $1,171 per week, though this amount increases annually. If your weekly wage is very low, the state may pay a minimum amount instead.

You can receive benefits for up to 26 weeks in a 52-week period. This means if you exhaust your 26 weeks of benefits, you must wait until 52 weeks have passed from your first week of benefits before you can file a new claim. Most people do not use all 26 weeks; the average claim lasts 8 to 12 weeks.

You must report your income to the state each week if you return to work part-time while receiving benefits. If you earn more than a certain amount per week, your benefit payment is reduced or stopped. The state will explain this in your approval notice.

If Your Claim Is Denied

The state may deny your claim if your employer does not verify your employment, if your doctor's statement does not show that you cannot work, or if you do not meet the four-week employment requirement. You will receive a written notice explaining the reason for the denial.

You have the right to appeal a denial. You must request an appeal hearing within 30 days of the denial notice. File your appeal by mail or online through the Department of Labor website. At the hearing, you can present additional medical evidence, have your doctor testify, or explain your employment history. An administrative law judge will review your case and issue a decision, usually within 30 to 60 days.

If you believe the state made an error in calculating your benefit amount or determining your may be able to access, you can also request a reconsideration without a formal hearing. Call the Department of Labor's Disability Benefits Unit to ask about this option.

Frequently Asked Questions

Can I file for TDI if I am self-employed?

No. TDI covers only employees of private businesses. Self-employed people in New York can purchase voluntary disability insurance through a private insurer, but this is not the same as the state program and must be arranged before you become disabled.

What if my employer says I am not may be able to access or refuses to complete the employer form?

Your employer cannot prevent you from filing. If your employer refuses to complete the form or claims you are not covered, file your claim anyway and include a written explanation of the dispute. The state will contact your employer directly. If your employer is not registered with the state program, contact the Department of Labor to report this — unregistered employers are breaking the law.

Do I have to tell my employer I am filing for disability?

No, but your employer will find out because the state sends them the employer's statement form. Some employers are supportive; others may view it negatively. New York law prohibits retaliation against workers for filing for disability benefits, though proving retaliation can be difficult.

Can I work while receiving TDI?

Yes, but only part-time. If you earn more than a certain weekly amount (the state specifies this in your approval notice), your benefit is reduced or stopped. You must report all income to the state each week. Many people use TDI to transition back to work gradually rather than returning full-time when ready.

What if I disagree with my doctor's statement after I file?

You cannot change your doctor's statement once it is submitted. If your condition improves and you want to return to work, you can straightforward stop reporting income and your benefits will end. If your condition worsens and you need to extend your benefits, you must file a new claim with an updated physician's statement.