In New York, workers comp settlements are calculated using a benefit rate of 67% of your average weekly wage — capped at $1,145 per week — with permanent disability determined through Scheduled loss of use (SLU) awards, all administered by the New York Workers' Compensation Board.
Workers compensation settlements in New York are calculated using the state's benefit rate of 67% of your average weekly wage (AWW), subject to a maximum weekly benefit of $1,145. The New York Workers' Compensation Board administers all workers comp claims and settlements in New York. A workers comp settlement is a negotiated lump-sum agreement that resolves your claim in exchange for a one-time payment covering past and future benefits.
Settlement values depend on several core components: temporary total disability (TTD) payments owed for time already missed from work, permanent partial disability (PPD) awards based on your final impairment rating, any outstanding medical expenses, and projected future medical costs. In New York, scheduled loss of use (slu) awards determines the permanent disability component, and insurers must negotiate settlements through the New York Workers' Compensation Board.
The most common injury types leading to workers comp settlements include back and spine injuries, knee and shoulder injuries, repetitive strain injuries, and occupational diseases. Severity of the injury — from minor with full recovery, to permanent and lasting disability — is the single largest driver of settlement multipliers. In New York, injured workers have 30 days from a denial to file an appeal with the New York Workers' Compensation Board. Using our calculator gives you a data-driven baseline before negotiating with an adjuster or consulting an attorney.
| State | New York |
|---|---|
| Administering Authority | New York Workers' Compensation Board |
| Benefit Rate (TTD) | 67% of average weekly wage |
| Maximum Weekly Benefit | $1,145 |
| Max TTD Duration | No statutory limit |
| Permanent Disability Method | Scheduled loss of use (SLU) awards |
| Appeal Deadline | 30 days from denial |
Your settlement in New York starts with your weekly benefit — 67% of your average weekly wage, up to $1,145 per week. Multiply that by the weeks you were disabled (TTD component), then add a permanent disability award based on your impairment rating and New York's Scheduled loss of use (SLU) awards schedule. Settlement multipliers range from 1.0× for minor injuries up to 15× for permanent total disability.
Most workers comp settlements in New York take 6 to 18 months from the date of injury to finalization. Disputed claims involving litigation or independent medical examinations can take 2 to 3 years. The New York Workers' Compensation Board must approve lump-sum settlements to ensure they protect the injured worker's interests.
You are not required to have an attorney to settle a workers comp claim in New York. However, studies consistently show that workers represented by attorneys receive significantly higher settlement amounts — often 20%–40% more — even after attorney fees (typically 15%–25% of the award, subject to state caps).
Workers compensation settlements are generally excluded from gross income under IRC Section 104(a)(1) and are not subject to federal income tax. This applies to both lump-sum and structured settlement payments. The exception is the SSDI offset: if combined workers comp and SSDI benefits exceed 80% of pre-disability earnings, a portion of SSDI may become taxable.
Generally no. A full and final settlement (Compromise and Release) closes your claim permanently in exchange for a lump sum. If you settle only part of your claim (Stipulated Award), you may retain the right to future medical treatment. Read any settlement agreement carefully and have an attorney review it before signing.
There is no statutory cap on the total settlement amount in New York. Settlement value is driven by your weekly benefit (67% of AWW, up to $1,145/week), the number of weeks disabled, your permanent impairment rating, and projected future medical costs. Severe permanent disabilities with significant future medical needs can produce settlements in the hundreds of thousands of dollars.