New York State Workers Compensation: Financial Benefits


Whenever a New York State Workers’ Compensation Claim arises an injured or disabled workers may be entitled to financial benefits. These payments are considered wage replacement and awards for permanency of injury. How awards are distributed depends on the medical evidence and the nature of the injury or condition. In New York State injuries are based on percentages of injury to specific body parts. Each body part (extremities) has a final scheduled value, mainly based upon a loss of mobility, of that part of the body. An injured worker in New York is compensated depending upon several factors, including; lost time; intermittent lost time; reduced earnings (making less then when they were injured); average weekly wage – which is determined by earnings for one year prior to the accident date; the law means that the New York State Workers’ Compensation Board now considers earning capacity, functional limitations and the cap which restricts permanent injuries to less than lifetime benefits. These changes will negatively impact all cases brought after 2006. Speak to us about these changes and what options you may have to consider. Older cases are also affected by some of these legislative rule changes.


Settlements in a New York State Workers’ Compensation claim are normally divided into a few main types. Section 32 settlements, Schedule Loss of Use Awards and Classification. Section 32 settlements allow a claimant to give up their rights in workers compensation for a lump sum of money. Schedule Loss of Use Awards involve a lump sum of money where a claimant is found with a schedule (loss of mobility), and the Classification involves an agreement of how much a claimant will receive into the future (a cap) and at what rate. All these settlement types are subject to negotiation. Your attorney or representative should be consulted as to its valuation.


Finally, some workers in the construction field who work at heights, using ladders, scaffold and other devices may be eligible for additional benefits and claims based on how the accident happened. Contact us to discuss these issues with us and we can advise you if you qualify for this type of lawsuit.