New York Workers' Comp Settlement Charts (2026)
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Reviewed By Adam Ramirez, J.D.
Editor
- Understanding New York Workers' Comp Settlement Calculations
- Workers' Comp Payment Rates Chart
- Schedule Loss of Use by Body Part in New York
- Loss of Wage-Earning Capacity (LWEC)
- Types of Disability Benefits in NYS Workers' Compensation
- Factors That Determine Your Settlement Amount
- Average Workers' Comp Settlements in New York
- Death and Survivor Benefits in Workers’ Compensation
- Understanding the Settlement Process and Timeline
- Get Expert Legal Help for Your Workers' Comp Settlement
Summary
- In New York, you may be compensated for wage loss and long-term disability
- Schedule loss of use awards pay you for permanent impairment of a body part
- You may also be compensated for loss of earning capacity
Each state’s workers’ compensation system works differently. In New York, workers’ compensation is complex, but it’s more equitable than in some states.
These New York workers' comp settlement charts should help you get a clearer picture of workers’ comp in the Empire State.
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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
| From | To | Maximum ($) | Minimum ($) |
|---|---|---|---|
| 7/1/25 | 6/30/26 | 1222.42 | 325 |
| 1/1/25 | 6/30/25 | 1171.46 | 325 |
| 7/1/24 | 12/31/24 | 1171.46 | 275 |
| 1/1/24 | 6/30/24 | 1145.43 | 275 |
| 7/1/23 | 12/31/23 | 1145.43 | 150 |
| 7/1/22 | 6/30/23 | 1125.46 | 150 |
| 7/1/21 | 6/30/22 | 1063.05 | 150 |
| 7/1/20 | 6/30/21 | 966.78 | 150 |
| 7/1/19 | 6/30/20 | 934.11 | 150 |
| 7/1/18 | 6/30/19 | 904.74 | 150 |
| 7/1/17 | 6/30/18 | 870.61 | 150 |
| 7/1/16 | 6/30/17 | 864.32 | 150 |
| 7/1/15 | 6/30/16 | 844.29 | 150 |
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.
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Schedule Loss of Use by Body Part in New York
| Body Part | Max Weeks | Healing Period (weeks) |
|---|---|---|
| Arm | 312 | 32 |
| Leg | 288 | 40 |
| Hand | 244 | 32 |
| Thumb | 75 | 24 |
| First Finger | 46 | 18 |
| Second Finger | 30 | 12 |
| Third Finger | 25 | 8 |
| Fourth Finger | 15 | 8 |
| Foot | 205 | 32 |
| Great Toe | 38 | 12 |
| Other Toes | 16 | 8 |
| Eye | 160 | 20 |
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)
| Loss of Wage-Earning Capacity | Max Weeks of PPD Benefits |
|---|---|
| 15% or less | 225 |
| 16% - 30% | 250 |
| 31% - 40% | 275 |
| 41% - 50% | 300 |
| 51% - 60% | 350 |
| 61% - 70% | 375 |
| 71% - 75% | 400 |
| 76% - 80% | 425 |
| 81% - 85% | 450 |
| 86% - 90% | 475 |
| 91% - 95% | 500 |
| 96% or more | 525 |
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.
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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.
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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.
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.
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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.
Get Expert 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!
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Frequently Asked Questions
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Generally, it’s wise to consult a workers’ compensation lawyer if you have a serious injury, if your employer (or their insurance company) disputes your injury or if you’re having trouble getting your claim approved and paid.
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Unfortunately, no. Unlike personal injury settlements, workers’ comp settlements don’t include pain and suffering compensation because workers’ comp is a no-fault system.
