How Much Do You Get for Workers’ Compensation in New York?

Welcome to the CEO Lawyer Personal Injury Law Firm’s comprehensive guide on workers comp payouts in New York.

If you’ve been injured on the job, understanding your financial entitlements is crucial. This guide aims to provide clear, detailed information about workers’ compensation settlements and payouts in the Empire State.

Understanding Workers Comp Benefits in New York

New York’s workers’ compensation system provides several types of financial benefits to injured workers:

1. Cash Benefits: These provide partial wage replacement if you’re unable to work for more than seven days.
2. Medical Benefits: Cover all necessary medical treatment related to your work injury.
3. Supplemental Benefits: Additional payments for long-term injuries that occurred before 1979.
4. Death Benefits: Payments to surviving dependents if a work-related injury or illness results in death.

Cash Benefit Calculations

Workers comp payouts for lost wages in New York are calculated as follows:

• You receive 2/3 of your average weekly wage multiplied by your percentage of disability.
• As of July 1, 2023, the maximum weekly benefit is $1,142.08.
• The minimum weekly benefit is $150 or your average weekly wage, whichever is less.

For instance, if your average weekly wage was $900 and you’re 100% disabled, you would receive $600 per week (2/3 of $900).

Medical Benefits

There’s no cap on medical benefits in New York workers comp payouts. All necessary medical treatment related to your work injury should be covered, including:

• Doctor visits
• Hospital care
• Surgical procedures
• Prescription medications
• Rehabilitation services
• Travel expenses for medical appointments

Calculating Your Workers’ Compensation Payout

Understanding how your workers’ comp benefits are calculated can help you estimate your potential payout.

Average Weekly Wage Calculation

Your average weekly wage is typically calculated based on your earnings in the 52 weeks prior to your injury:

1. Add up your total gross earnings for the 52 weeks before your injury.
2. Divide that total by 52 to get your average weekly wage.

If you worked less than 52 weeks, the calculation might be adjusted based on the wages of a similar worker in your field.

Permanent Disability Payouts

Permanent disability workers compensation settlements in New York are based on:

1. The affected body part
2. The percentage of loss of use of that body part
3. Your average weekly wage

New York law assigns a number of weeks to each body part. For example:

• Arm: 312 weeks
• Leg: 288 weeks
• Hand: 244 weeks
• Foot: 205 weeks
• Eye: 160 weeks

Your payout is calculated by multiplying your weekly rate by the number of weeks assigned to the body part and then by the percentage of loss.

Types of Workers Compensation Settlements

In New York, there are two main types of workers compensation settlements:

1. Section 32 Settlements: This is a negotiated agreement where you receive a lump sum in exchange for closing some or all aspects of your claim.
2. Schedule Loss of Use (SLU) Awards: These are for permanent injuries to certain body parts and are calculated based on a set schedule.

Section 32 Settlement Amounts

Section 32 settlements, named after the section of New York workers’ compensation law that governs them, are negotiated agreements between the injured worker and the insurance company. Here’s a more detailed look:

• Nature of the settlement: It’s a lump sum payment that closes out some or all aspects of your workers’ compensation claim.
• What it covers: It can cover future lost wages, medical benefits, or both.
• Flexibility: These settlements are flexible and can be tailored to the specific needs of the injured worker.
• Finality: Once approved by the Workers’ Compensation Board, a Section 32 settlement is final and cannot be modified later.

Let’s say you have a back injury that will require ongoing medical treatment. You might negotiate a Section 32 settlement that provides a lump sum for future lost wages while keeping your medical benefits open.

This could give you financial security while ensuring your future medical needs are covered.

Amounts for Section 32 settlements can vary widely:

• A minor injury might settle for $20,000-$40,000
• A severe, life-altering injury could potentially settle for over $1,000,000

Schedule Loss of Use (SLU) Awards

SLU awards are specific to permanent injuries to certain body parts. Here’s how they work:

• Applicable injuries: These apply to permanent injuries to extremities, eyesight, or hearing.
• Calculation method: They’re calculated based on a set schedule that assigns a number of weeks to each body part.
• Percentage of loss: The award is based on the percentage of function loss to the affected body part.

New York law assigns 312 weeks to an arm. If you have a 20% loss of use of your arm, and your weekly benefit rate is $600, your SLU award would be calculated as 312 weeks x 20% x $600 = $37,440

It’s important to note the key differences between these two types of settlements:

1. Negotiation: Section 32 settlements are negotiated, while SLU awards are calculated based on a fixed schedule.
2. Covered injuries: Section 32 can apply to any type of injury, while SLU is specific to certain body parts.
3. Finality: A Section 32 settlement typically closes your case, while you might receive an SLU award and still have an open case for future medical treatment.

Average Settlement Ranges

While every case is unique, typical workers comp payouts in New York often fall in these ranges:

• Minor injuries with full recovery: $2,000 – $20,000
• Moderate injuries with some lasting effects: $20,000 – $100,000
• Severe injuries with significant impairment: $100,000 – $500,000
• Catastrophic injuries: $500,000+

Remember, these are just general ranges. Your specific payout could be higher or lower, depending on the details of your case.

Factors Affecting Your Workers Comp Payout

Several factors can influence the amount of your workers’ compensation settlement:

1. Severity of injury: More severe injuries typically result in larger settlements. For example:

• A minor sprain might result in a small payout for temporary disability.
• A severe back injury requiring surgery could lead to a much larger settlement, covering extended medical treatment and potentially permanent disability.

1. Age: Younger workers may receive larger settlements due to longer life expectancy. This is because:

• A permanent injury to a 25-year-old might affect their earning capacity for 40+ years.
• The same injury to a 60-year-old nearing retirement would impact fewer working years.

1. Pre-injury wages: Higher earners often receive larger payouts. This is because workers’ comp benefits are typically calculated as a percentage of your pre-injury wages.
2. Occupation: Your ability to return to your specific job can affect your settlement. For instance:

• A hand injury might have a greater impact on a surgeon’s career than on an office worker’s.
• This could result in a larger settlement for the surgeon due to a greater loss of earning capacity.

1. Future medical needs: Anticipated future medical expenses can increase your payout. If your injury will require ongoing treatment or future surgeries, this should be factored into your settlement.
2. Permanent disability rating: Higher ratings usually mean larger settlements. This rating, typically given by a doctor, indicates the extent of your permanent impairment.
3. Timing of maximum medical improvement (MMI): Reaching MMI can affect settlement negotiations. MMI is the point at which your condition has stabilized and is not expected to improve significantly with further treatment.

Impact of Returning to Work

Returning to work can affect your workers’ comp benefits in several ways:

• If you return to full duty at your previous wage, your cash benefits will typically stop.
• If you return at reduced wages, you may receive reduced earnings benefits (2/3 of the difference between your current and previous wages).
• If you return to light duty, your benefits may be adjusted based on your work capacity.

Maximizing Your Workers’ Compensation Settlement

To potentially increase your workers’ comp payout, consider these strategies:

1. Thoroughly document all injuries and symptoms.
2. Attend all medical appointments and follow treatment plans.
3. Keep detailed records of all injury-related expenses.
4. Consider future medical needs and lost earning capacity.
5. Don’t rush to settle before reaching maximum medical improvement.
6. Be cautious about returning to work too soon.
7. Consider working with an experienced workers’ comp attorney.

The Role of Legal Representation

While you can negotiate your own settlement, working with an experienced workers’ comp attorney often leads to larger workers comp payouts. A New York workers’ compensation attorney can:

• Accurately value your claim
• Navigate complex laws and procedures
• Negotiate effectively with insurance companies
• Ensure all benefits you’re entitled to are included in the settlement

Common Questions About Workers’ Comp Money

Taxation of Benefits

Generally, workers comp payouts are not taxable at the state or federal level. However, if you’re also receiving Social Security Disability Insurance (SSDI) benefits, a portion of those benefits might become taxable due to your workers’ comp income.

Timeline for Receiving Benefits

The time it takes to receive a workers compensation settlement in New York can vary:

• For minor injuries, you might receive benefits within a few weeks of your claim.
• For more serious injuries requiring extensive treatment, it could take several months to a year or more to reach a final settlement.
• Contested claims that require hearings can take even longer.

Getting Professional Help to Increase Your Payout

At the CEO Lawyer Personal Injury Law Firm, we take a comprehensive approach to maximize your workers’ comp payout:

1. We thoroughly investigate your case, gathering all necessary medical evidence and employment records.
2. We work with medical experts to fully understand the long-term implications of your injury.
3. We calculate the true value of your claim, including future medical expenses and lost earning capacity.
4. We negotiate aggressively with insurance companies, leveraging our experience and knowledge of NY workers’ comp law.
5. If necessary, we’re prepared to represent you in hearings before the Workers’ Compensation Board.

We hope this guide has provided valuable insights into the complex world of workers’ compensation payouts in New York. Remember, every case is unique, and the information provided here is general in nature.

For specific advice tailored to your situation, please don’t hesitate to reach out to us.

At the CEO Lawyer Personal Injury Law Firm, we’re committed to helping injured workers understand their rights and obtain the maximum compensation they deserve. Whether you’re just starting your workers’ compensation claim or you’re in the midst of settlement negotiations, we’re here to help.

Contact us today to schedule your free consultation, or call us directly at (516) 689-1132. Let us put our expertise to work for you, ensuring that your rights are protected and you receive the full workers comp payout you’re entitled to under New York law.

Your financial recovery is our priority.