Workers' Compensation Guide: Average Payout in New York and Body Parts Injury Breakdown

Workers’ compensation provides crucial financial and medical benefits to employees who suffer injuries or illnesses while on the job. Workers’ compensation rates depend on which body parts were injured, how serious the injury is, and your average weekly wage prior to the accident. In general, the more serious your injury is, the longer you can receive payments, up to a limit set by the state.

This comprehensive guide will delve into the intricacies of workers' compensation in New York, providing insights into eligibility requirements, types of benefits, how benefits are calculated, and maximum length of payouts for various injuries. You are welcome to call the New York City workers’ compensation lawyers working with our law firm for information specific to your situation and to get help with managing your claim.

Workers' Compensation Insurance: Protecting Employees and Employers

The purpose of workers' compensation insurance is to provide a safety net for injured employees and to protect employers from potentially costly lawsuits by limiting their liability.

In 2022, New York State saw nearly 139,000 non-fatal workplace injuries and illnesses in private industry. Understanding the workers' compensation system and the benefits available is crucial for all workers.

Unlike personal injury lawsuits, workers' compensation operates on a no-fault basis. This means the injured worker can generally receive benefits regardless of who caused the accident. The benefits that our New York City work injury lawyers pursue for you will allow you to receive medical care and support your family for as long as you cannot work.

How Workers’ Compensation Helps Employers

In most cases, employees who receive workers’ comp benefits lose the right to sue their employer. By complying with the law and purchasing workers’ compensation insurance for their employees, an employer protects themselves against lawsuits.

Who's Eligible for Workers' Compensation in New York?

In New York, workers’ compensation insurance is mandatory for most employers under WKC 3. Virtually all employees are covered, including full-time, part-time, and seasonal workers, regardless of immigration status.

The few exceptions to the workers’ compensation requirement include:

• Certain public employees: According to the New York City Comptroller, police officers, firefighters, sanitation workers, and teachers have separate disability systems.
• Maritime workers: Seamen and longshoremen fall under federal laws – specifically, the Jones Act or the Longshore and Harbor Workers’ Compensation Act – not state workers' compensation.
• Federal employees: Workers employed by the U.S. government are covered by a separate federal workers' compensation program, as the U.S. Department of Labor (DOL) explains.

Eligibility for workers’ comp can extend to independent contractors if the business they work for has control over their work.

Do You Qualify for Workers’ Compensation?

You can find out by contacting our workers’ compensation lawyers in New York City. Our firm includes legal professionals prepared to help with even the most severe workman’s comp injury types, such as:

• New York City traumatic brain injury lawyers
• New York City spinal cord injury lawyers
• New York City amputation injury lawyers
• New York City burn injury lawyers

No matter how badly you were injured, we will provide the honest, informative service you deserve. Our team has extensive experience in representing workers injured on the job in their third-party lawsuits against negligent parties. We also work with law firms that exclusively represent clients in workers' compensation cases for claims against employers. This way, our clients receive focused representation in all aspects of their cases.  

What Workers' Compensation Covers

If your workers' compensation claim is approved, you can receive a variety of benefits tailored to address the financial and medical burdens resulting from your workplace injury or illness:

Medical Expenses Tied to Workman’s Comp Injuries

This coverage encompasses all reasonable and necessary medical treatment directly related to your injury or illness. This includes, ​​but is not limited to:

• Doctor visits
• Hospital stays
• Surgeries
• Medications
• Physical therapy
• Rehabilitation

Workers' compensation ensures that you receive appropriate medical care without incurring out-of-pocket costs.

Loss of Earnings Caused by the Injury

If your injury or illness prevents you from working, our workers’ compensation attorneys can recover a portion of your lost wages or long-term diminished earning capacity. This financial support begins once you miss work for seven days.

Permanent Disability Benefits

In cases where your injury or illness results in a permanent loss of ability to work, you may be eligible for permanent disability benefits. The number of weeks you can continue to receive such benefits varies depending on your injury or loss of wage-earning capacity. If you suffered total permanent disability, there is no limit to the number of weeks you could receive benefits.

Workers’ Compensation Death Benefits

Workers' compensation provides death benefits to the deceased worker's dependents. We will file a claim for reimbursement of funeral expenses and cash payments covering part of the deceased’s weekly income. The cap on funeral expenses depends on where you live.

Not Sure If You Qualify for Workers' Comp?

Don't let uncertainty hold you back. Contact our personal injury lawyers at Oresky & Associates, PLLC, to assess your eligibility for benefits.

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How Workers' Compensation Benefits Are Calculated: Factors Influencing Your Compensation Payout

The New York State Workers' Compensation Board (WCB) will conduct a thorough review of your case. The Board will consider medical records, work history, and earning capacity.

The following are some of the key elements that influence this assessment:

Severity and Nature of the Injury

This assessment encompasses the type of injury (e.g., fractures, amputations, head injuries), the extent of the damage (e.g., what percentage of functionality you have lost), and the anticipated recovery time.

In general, the more severe your injury, the higher the potential payout.

Medical Examinations of the Injured Body Part

As part of the workers' compensation claim process, you must undergo a medical examination by a doctor who will report their findings to the WCB. This examination assesses the extent of your injury and your ability to work, and you will be assigned a degree, or percentage, of disability.

Average Weekly Wage (AWW)

Your compensation rate for lost income is directly linked to your pre-injury earnings. Most benefits are calculated as two-thirds of your average weekly wage for the 52 weeks preceding the injury. This number is multiplied by your percentage of disability to arrive at your final payout. There is a maximum cap for lost wages established by the Workers Compensation Board which sometimes changes based upon the year.  

Disability Classification

The extent to which your disability keeps you from working will influence the type of disability benefits you receive:

• Temporary Total Disability (TTD): If you are completely unable to work, you may receive TTD benefits, typically two-thirds of your AWW, subject to a maximum limit.
• Temporary Partial Disability (TPD): If you can work but your injury affects your ability to earn your regular wages, TPD benefits cover a portion of your lost earnings until you recover.
• Permanent Partial Disability (PPD): If your injury results in permanent impairment that affects your wage-earning capacity, you could qualify for schedule loss of use of non-schedule loss benefits based on the affected body part and the nature of your disability.
• Permanent Total Disability (PTD): If your injury leaves you completely unable to work, PTD benefits can pay up to two-thirds of your AWW for life.

Our workplace injury lawyers will use the available evidence to advocate fiercely on your behalf for the benefits you deserve.

Additional Considerations Regarding Your Workers’ Comp Claim

In some cases, other factors may influence your workers' compensation payout. For instance, if your injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation services to help you train for a different type of position.

The WCB will also consider whether your condition may change over time. Even if you are unable to work at all right now, your situation or condition could change in the future. At that point, the Board would reassess your workers’ compensation rate, up to and including stopping your benefits.

Get Legal Guidance

After your accident, the claims process can be complex. What are my rights? What am I entitled to? Do I have a claim for personal injuries, in addition to my claim for workers’ compensation?  Contact Oresky & Associates, PLLC, for personalized support and ensure you have the opportunity to get the benefits you deserve.

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Compensation by Body Parts and Average Payouts in New York

Workers’ compensation benefit amounts can vary significantly based on the factors described above, so it would be difficult to determine “average” compensation rates. To calculate your workers’ compensation benefit, multiply your average weekly wage by two-thirds and then multiply the product by your degree of disability.

For example, if your average weekly wage is $1,000 per week and your disability level is 50%, your benefit would be $333.33 per week.

The current minimum payment for injuries occurring on or after January 1, 2024, is $275 per week, and the current maximum, effective July 1, 2024, to June 30, 2025, is $1,171.46, per the New York State Workers’ Compensation Board (WCB).

Meanwhile, if you suffered permanent impairment, you could qualify for permanent disability benefits that pay benefits for up to the maximum number of weeks allowed, which varies by body part. Below is a breakdown of some of the most common work-related injuries and the disability benefit you may receive if they caused permanent impairments.

Limb, Finger & Toe Injuries

Workers who suffered permanent functional impairment of their limbs, fingers, or toes may qualify for a schedule loss of use (SLU) award. Per the WCB, the maximum number of weeks you can receive compensation for such injuries are as follows:

• Arm injuries: 312 weeks
• Leg injuries: 288 weeks
• Hand injuries: 244 weeks
• Foot injuries: 205 weeks
• Thumb injuries: 75 weeks
• First finger injuries: 46 weeks
• Second finger injuries: 30 weeks
• Third finger injuries: 25 weeks
• Fourth finger injuries: 15 weeks
• Big toe injuries: 38 weeks
• Other toe injuries: 16 weeks

The SLU benefit is based on your average weekly wage, the percentage of loss of function, and the affected body part. Any temporary disability benefits you received will be deducted from your SLU benefit.

We understand how devastating these injuries can be to workers who rely on their dexterity, range of motion, and strength to earn a living. Our workers’ compensation attorneys can help you pursue a settlement or verdict that makes you financially whole.

Eye Injuries

Injuries affecting the eyes are also scheduled loss of use injuries, similar to injuries to limbs, fingers, and toes. Like other SLU injuries, the benefit is based on your average weekly wage, percentage of loss of function, and affected body part; in this case, workers may receive up to 160 weeks of workers’ compensation benefits for an eye injury. Any temporary disability benefits paid will be deducted from the SLU award.

Brain, Spine & Other Injuries

Injuries affecting the brain, spine, pelvis, lungs, and heart are a non-schedule loss of use injuries. A non-schedule benefit is based on your loss of wage-earning capacity. If the work-related injury occurred on or after March 13, 2007, the maximum weeks you can receive workers’ compensation benefits is:

• Loss of wage-earning capacity greater than 95%: 525 weeks
• Greater than 90% through 95%: 500 weeks
• Greater than 85% through 90%: 475 weeks
• Greater than 80% through 85%: 450 weeks
• Greater than 75% through 80%: 425 weeks
• Greater than 70% through 70%: 400 weeks
• Greater than 60% through 70%: 375 weeks
• Greater than 50% through 60%: 350 weeks
• Greater than 40% through 50%: 300 weeks
• Greater than 30% through 40%: 275 weeks
• Greater than 15% through 30%: 250 weeks
• 15% or less: 225 weeks

Since payouts depend on your average weekly wage in the 52 weeks prior to the injury, two workers can suffer nearly identical injuries and receive different benefits if their income levels differ.

Disfigurement from Work Injuries

If a head, neck, or facial injury caused permanent disfigurement, you may qualify for a cash benefit up to $20,000. The extent of your injury will affect the actual cash benefit you receive.

The workers’ compensation claim process is very complex. Consulting with the workers' compensation lawyers at our firm can help you understand your rights, assess your case, and maximize your compensation. Our bilingual team will walk you through every step and work tirelessly to reach a favorable outcome.

Your Workers’ Comp Rights and Options

If you have been injured on the job, it is crucial to understand your rights under New York's workers' compensation laws. Do not hesitate to seek legal assistance from the accident lawyers at Oresky & Associates, PLLC.

We can help you navigate the complexities of the legal system. Call us at (718) 993-9999 today for a free consultation. Let us help you recover from your accident.