New York Workers' Comp Settlement Charts (2026)

Understanding New York Workers' Comp Settlement Calculations

The way your workers’ comp settlement is calculated depends on your individual circumstances. These are three critical factors to consider when making these calculations:

Your Average Weekly Wage

Workers’ compensation calculations usually factor in your average weekly wage before taxes and other deductions.

The Injured Body Part

In New York, there is a set maximum number of weeks you may be compensated for an injured body part if you have a lasting physical impairment.

Loss of Wage Earning Capacity (LWEC)

The New York Workers’ Compensation Board takes into account age, education, work history, industry, injury severity and other factors when determining your loss of earning capacity. Your LWEC is expressed as a percentage, and that percentage determines the duration of your benefit payments.

Workers' Comp Payment Rates Chart

Maximum and Minimum Award Rates From 7/1/15 to Present

Like most states, New York typically pays injured employees two-thirds of their average weekly wage while they heal. These payments are called Temporary Total Disability (TTD) payments.

However, as illustrated in the NYS workers' comp settlement chart above, New York also sets minimum and maximum weekly payment amounts. Between July 1, 2025, and June 30, 2026, injured employees may be paid no less than $325 per week and no more than $1,222.42 per week.

Schedule Loss of Use by Body Part in New York

Some work injuries cause permanent functional impairment. That’s where schedule loss of use (SLU) awards come in. These awards are separate from wage replacement.

The table above shows the maximum number of weeks you may be compensated for loss of use of a body part. Once you’ve reached maximum medical improvement (MMI), a doctor will assess you and determine the percentage of lost use. From there, the Workers’ Compensation Board will calculate your settlement.

For example, imagine your weekly wage is $900, you injured your leg and your doctor determines you have a 10% loss of use. According to the chart above, the maximum number of weeks of compensation for a leg injury is 288.

Because 10% of 288 is 28.8, you can be compensated for 28.8 weeks at two-thirds of your average weekly wage. Multiplying $600 by 28.8 gives you a settlement of $17,280.

Loss of Wage-Earning Capacity (LWEC)

If you’ve suffered a lasting partial disability, your earning potential may be impacted. A workers’ comp judge will consider your injury, your age and education, your skills and other factors and express your LWEC as a percentage. That percentage determines how many weeks of compensation you may receive.

Types of Disability Benefits in NYS Workers' Compensation

There are four main types of disability benefits:

• Temporary Total Disability (TTD): You are unable to work while you heal.
• Temporary Partial Disability (TPD): You can work at a reduced capacity while healing.
• Permanent Total Disability (PTD): You receive indefinite wage replacement benefits.
• Permanent Partial Disability (PPT): You receive partial compensation for your permanent loss of earning capacity.

Permanent partial disability (PPT) benefits are split into two types: schedule loss of use (SLU) and loss of wage-earning capacity (LWEC).

Factors That Determine Your Settlement Amount

Several factors can impact your settlement amount. These are some of the most critical:

• Severity of your injuries
• Your average weekly wage
• Your overall training and employability
• Your industry
• The part of your body affected
• Your degree of permanent impairment
• Your age
• Your future medical needs

Unless you’re a lawyer, it can be challenging to value your case. An attorney can tell you how much compensation you could recover.

Average Workers' Comp Settlements in New York

Although each case is different, these are some general settlement ranges:

• Minor Injuries: $2,000 to $20,000
• Moderate Injuries: $20,000 to $100,000
• Severe Injuries: $100,000 to $500,000
• Catastrophic Injuries: $500,000

These numbers give you a general sense of what you could recover, but the best way to value your case is to talk to a workers’ comp lawyer.

What Does a Workers' Comp Settlement Include?

Settlements are available in either lump sum or structured payments. Lump sum settlements provide the full payment all at once, which gives you immediate access and control of the funds. It can be a good option if you need to make large purchases or would like to pay off debts as quickly as possible.

There is the risk of overspending, however, and not having any future income. That can be particularly problematic if you can’t return to work.

Structured settlements, on the other hand, allow you to get a series of payments. The schedule for these will be carefully negotiated. Usually, these payments are tax-free under IRC rules. Structured settlements give you a chance to receive a steady income, but you will not have access to a large sum of money if you have an emergency.

There is also the risk of inflation. Once the settlement amount has been agreed on, there will be no future adjustments for cost-of-living increases.

What does a settlement cover? You can receive compensation for your medical expenses, including surgeries, therapy and medications, as well as lost wages. You may also receive compensation for vocational training costs, along with disability benefits.

Keep in mind that accepting a settlement will usually end ongoing medical coverage and other benefits. Unlike personal injury lawsuits, you will also not be eligible to receive compensation for pain and suffering.

Death and Survivor Benefits in Workers’ Compensation

If you are killed on the job, your family may receive a maximum of $12,500 or $10,500 (depending on the county) for funeral and burial expenses. If you have dependents, they may receive two-thirds of your average weekly wage for 52 weeks. If you have no dependents, your parents or estate may receive $50,000.

Understanding the Settlement Process and Timeline

Although cases can vary, this is a general timeline for workers’ comp claims in New York:

• You notify your employer within 30 days of your injury
• You file a claim
• The insurer starts paying benefits within 18 days of notification
• You reach maximum medical improvement (MMI)
• If you’re still impaired, your doctor submits a medical report
• The insurer determines whether you qualify for SLU or LWEC awards

If you have trouble at any point in the process, you should contact a workers’ comp lawyer as soon as you can.

Statute of Limitations for Workers' Comp Claims

One important reason for hiring a New York personal injury lawyer with experience in workers’ compensation claims is that they will understand the statute of limitations for these cases. You only have two years from the date of the injury or from when you realized or should have realized you were hurt.

There may be exceptions to the statute of limitations. If you suffer from an occupational disease, which often develops over time, the timeline can be extended.

Get Skilled Legal Help for Your Workers' Comp Settlement

NYS workers' comp settlement charts can help you familiarize yourself with the process, but they’re no substitute for sound legal advice. If you’re looking for a lawyer focusing on workers’ compensation in New York, ConsumerShield can help you find one. Fill out our contact form to start with a free case review!