New York Permanent Disability Calculator 2026, Workers Comp

In New York, permanent partial disability (PPD) benefits are calculated using Scheduled loss of use (SLU) awards, administered by the New York Workers' Compensation Board, with a maximum weekly benefit of $1,281.50.

Permanent partial disability (PPD) in New York is awarded after you reach Maximum Medical Improvement (MMI) and your treating physician assigns a permanent impairment rating. New York uses scheduled loss of use (slu) awards to calculate PPD benefits. The impairment rating is expressed as a percentage of the whole body or as a specific body-part award, and multiplied by a dollar value set by state law to arrive at your PPD benefit.

The three main permanent disability systems in the U.S. are: (1) Impairment-based, your impairment percentage is multiplied by a fixed value per percent; (2) Scheduled loss, each body part has a maximum number of benefit weeks, and you receive a fraction based on impairment; (3) Wage-loss, benefits are based on the actual difference between pre- and post-injury earning capacity. New York uses the scheduled loss of use (slu) awards method, administered by the New York Workers' Compensation Board.

Independent Medical Examinations (IMEs) play a central role in permanent disability determinations. Both you and the insurer have the right to request an IME if you disagree with the treating physician's impairment rating. If you receive a PPD rating you believe is too low, you have the right to challenge it through the New York Workers' Compensation Board within 30 days.

StateNew York
Administering AuthorityNew York Workers' Compensation Board
PPD SystemScheduled loss of use (SLU) awards
Weekly Benefit Rate67% of AWW
Maximum Weekly Benefit$1,281.50
Appeal Deadline30 days from denial

Frequently Asked Questions

How is permanent partial disability rated in New York?

In New York, scheduled loss of use (slu) awards is used to rate PPD. After reaching Maximum Medical Improvement, your treating physician assigns an impairment rating that is converted to a dollar amount or weeks of benefits based on New York's PPD schedule and your weekly benefit rate of 67%.

Can I return to work while receiving permanent disability benefits in New York?

Yes. Permanent partial disability (PPD) benefits are awarded for permanent loss of function, they are not conditioned on current employment status. If you receive a PPD settlement and later return to full-duty work, you keep your PPD award.

What is the maximum permanent disability payout in New York?

The maximum PPD payout in New York depends on your impairment rating, your pre-injury wages, and the state's PPD schedule. With a maximum weekly benefit of $1,281.50, a high impairment rating and serious injury can result in a substantial PPD award, potentially hundreds of thousands of dollars for severe whole-body impairment.

What is an IME and how does it affect my PPD rating in New York?

An Independent Medical Examination (IME) is a medical evaluation requested by the insurer to assess your impairment independently of your treating physician. IME ratings frequently differ from treating physician ratings, often lower. If you disagree with the IME rating, you have 30 days to challenge it by filing with the New York Workers' Compensation Board. Legal representation is strongly recommended at this stage.

How are scheduled vs. unscheduled injuries treated in New York?

In New York, the Scheduled loss of use (SLU) awards system determines whether your injury is treated as a scheduled injury (specific body part with a fixed maximum number of benefit weeks) or an unscheduled injury (whole-body or wage-loss basis). Scheduled injuries are generally more predictable; unscheduled injuries may provide higher awards for workers with significant wage loss.

How long do permanent disability benefits last in New York?

Permanent partial disability (PPD) payments in New York can be paid as a lump sum (common in settlements) or as weekly payments over a defined number of weeks based on the PPD schedule and impairment rating. Permanent total disability (PTD) benefits, for workers unable to perform any work, may continue for life, up to $1,281.50 per week.

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New York workers comp rules at a glance

From New York Workers' Compensation Board and New York law. Checked October 2026. Each rule links to its official source.

Weekly benefitTwo-thirds of average weekly wage, multiplied by the medically determined degree of disability (100% for total disability). Source
Weekly maximum$1,281.50 per week for injuries from July 1, 2026 through June 30, 2027 (minimum $384.45). Resets every July 1. Source
Waiting periodNo wage benefits for the first 7 days; if disability lasts more than 14 days, paid back to the first day missed. Source
Tell your employerTell your employer in writing within 30 days of the injury. Source
Deadline to file a claimFile Form C-3 with the Workers' Compensation Board within two years of the injury or illness. Source
Settlement approvalYes. Section 32 Waiver Agreements bind only after approval by the New York Workers' Compensation Board. Source
Attorney feesNo single percentage cap. Fees are unenforceable unless the Board approves them; WCL 24 sets fee formulas for certain award types. Source

Rules change. Confirm deadlines with New York Workers' Compensation Board or a licensed workers comp attorney before you rely on them.