Your Guide to Workers’ Comp Settlement Body Part Prices

No one likes to think about work-related injuries, but being prepared for them is essential. Surprisingly, there is quite a range of workers’ comp settlement body part prices, meaning different cases and states tend to pay differently for injured body parts. The extent and type of injuries to limbs, extremities, and other body parts vary. And, in many cases, compensation can also vary.

If you’ve been injured at work, it’s important to have an understanding of how much your workers’ comp case is worth and, more specifically, how much are body parts worth in workers’ compensation cases. A closer look at average settlements across the United States, as well as workers’ comp settlement body part prices in New York, can gauge the worth of an injury.

In any workers’ comp case, it’s key to have the right New York workers’ comp attorney on your side. When employees are hurt on the job, they’re owed compensation for their injuries and for lost wages. However, insurance companies and employers can be too reluctant to fairly compensate injured workers.

Workers’ Comp Settlement Body Part Prices in New York

Depending on the state, average compensation can differ dramatically. Many workers’ compensation laws and regulations fall at the state level, which could influence why prices vary across states.

It’s important to remember, too, that compensation for injured or disabled body parts reflects only part of the compensation received in most workers’ compensation cases. States, companies, judges, and more can all vary in their “generosity” with other damages and money owed following injury.

WHICH BODY PARTS RECEIVE MORE COMPENSATION IN NEW YORK STATE?

Compared to other states, workers’ comp settlement body part prices in New York tend to rank somewhat higher. Compensation in New York State ranks above average for the majority of injured body parts. For some body parts, New York ranks within the top 10 states in terms of average maximum compensation. These are:

  • Leg
  • Foot
  • Big toe.

New York is also in the top 10 states for average compensation for eye and ear injuries.

WHICH BODY PARTS RECEIVE LESS COMPENSATION IN NEW YORK STATE?

Average maximum compensation in New York State also ranks lower for certain body parts, particularly certain fingers. The payout for the body parts below falls below the top 15 highest payouts in other states for compensation for the loss of a middle finger or a pinky.

Payout for Workers’ Compensation Body Parts Chart

When looking at the average maximum compensation amounts across states, it can be difficult to discern the rhyme or reason behind such variations. In determining how much are body parts worth in workers’ compensation cases, many states follow a “schedule of benefits” that likens the human body to an Angus beef chart, with compensation amounts overlaying anatomical depictions.

Given the drastic differences in compensation for the exact same types of injuries, workers must contend with a state-based lottery if injured. One state may pay relatively well for an injured body part while another offers only a pittance by comparison. The federal government does not impose minimums for workers’ comp settlement body part prices, perhaps lending to such wide fluctuations in compensation.

WORKERS’ COMP BODY PART VALUE CHART

Comparing the average maximum compensation to determine how much are body parts worth in workers’ compensation cases reveals significant disparities. The table below reveals how average workers’ comp settlements in New York State compare to settlements in other states. The body part value chart below compares the average maximum compensation in New York against the highest, lowest, and average state values. (Source: ProPublica).

What Types of Workers’ Compensation Benefits Are Available?

Injured workers in New York State may be eligible for different types of workers’ compensation. New York’s workers’ compensation program includes more than just coverage for injured body parts. If you’re unsure of the types of coverage available, a New York workers’ comp attorney can help you make sure that you’re set to receive all types of compensation for which you are eligible. An injury attorney can also review your case to make sure the compensation amount is fair and reflective of the extent of your injuries and inability to earn your pre-injury wages.

WEEKLY DISABILITY BENEFITS

In New York, workers who cannot perform their job due to work-related injury can receive weekly cash benefits typically equal to two-thirds of their average weekly wage. When calculating wages, however, overtime, bonuses, and other additional pay can be included.

Keep in mind that there is a cap on all weekly disability payments equal to the state’s average weekly wage. For work injuries occurring between July 1, 2022, and June 30, 2023, the maximum weekly payment, regardless of a worker’s pre-injury salary or wage, is $1,125.46. For injuries occurring between July 1, 2023, and June 30, 2024, the maximum weekly benefit payment is set at $1,145.43.

For example, if a worker’s income before an accident was $4,000, that worker will not receive two-thirds of $4,000, which is $2,666.67 and far above New York’s average weekly wage. Instead, the worker would receive the current maximum weekly benefit of $1,145.43.

MEDICAL BENEFITS

Employers are responsible for paying for employees’ injury-related medical care and treatments. This means covering doctors’ bills, hospital stays, emergency room visits, medical evaluations, physical therapy, and other expenses. Be sure to keep and file any bills received related to medical care following an injury at work.

Remember that in New York State, your employer is not permitted to make you see a doctor of their choosing. Instead, workers have the right to choose which qualified medical care provider to consult.

SCHEDULED LOSS OF USE (SLU) BENEFITS

SLU awards provide a cash benefit to cover loss of wage-earning capacity, including permanent disability benefits for workers who have lost the ability to use certain parts of their body or have otherwise experienced a permanent disability. Workers who have returned to work may still be able to receive SLU benefits. Such benefits may be provided to workers with injuries to the following:

  • Arm (shoulder and elbow)
  • Hand (wrist and forearm)
  • Fingers and thumb
  • Leg (hip and knees)
  • Foot (ankle)
  • Toes
  • Eyesight (loss of vision)
  • Hearing (loss of hearing)
  • Disfigurement (face/scar, neck, scalp).

You may be eligible for SLU benefits if you have recovered to the greatest extent possible after an injury, your doctor indicates that you have reached a state of maximum medical improvement, and you have permanent loss of function in a body part as a result of a work injury.

SECTION 32 SETTLEMENT

In some New York workers’ compensation cases, an insurance company may offer a lump sum payment for an entire claim instead of providing weekly cash benefits. A Section 32 lump-sum settlement can let injured employees quickly move past the negotiation process and hearings that may be necessary to obtain fair compensation. However, it’s important to make sure that a lump sum payment will be adequate to cover long-term expenses and that you won’t miss out on a better future settlement.

A workers’ compensation attorney in New York should review benefits options with you before you accept a binding, one-time agreement.

Current Maximum Weeks of Benefits Based on Body Parts

The State of New York sets caps on the number of weeks you can receive weekly benefits based on the impairment or loss of use of a body part. Currently, the maximum number of weeks per body part in New York is:

  • Arm: 312
  • Leg: 288
  • Hand: 244
  • Foot: 205
  • Eye: 160
  • Thumb: 75
  • First finger: 46
  • Second finger: 30
  • Third finger: 25
  • Fourth finger: 15
  • Big toe: 38
  • Any other toe: 16.

Keep in mind that your pre-accident wage, which is used to calculate your benefits, is based on your gross rather than net (take-home) pay. Another important thing to remember is that the percentage of loss of function assigned to your injury by a judge will play a major role in the final determination of your benefits.

Factors Affecting Your Workers’ Compensation Settlement

It may seem that, depending on which body part was injured, your workers’ comp case value can fluctuate greatly. While the nature of your injuries affects case value, so do many other factors. Here are some of the other factors affecting workers’ compensation settlement payments:

  • Expected recovery period
  • A doctor’s evaluation
  • Extent of rehabilitation needed
  • Required medical treatment and procedures
  • Your ability to return to work
  • The permanence of your disability
  • When a doctor determines you reached Maximum Medical Improvement (MMI)
  • Effects on your quality of life
  • Your current wages.

You may be owed additional compensation beyond the benefits that an insurance company offers. In some cases, it takes an experienced New York workers’ comp lawyer to be able to root out additional areas of compensation.

Contact the Workers’ Comp Attorneys at Tucker Lawyers

Suffering an injury on the job that results in permanent disability and loss of function to any body part is a grievous event. You’ll have to deal with medical treatment, physical therapy, and the psychological effects of disability. And, as an injured worker in New York State, there’s a capped maximum compensation that you can receive for any injured or lost body part.

Even though New York tends to offer higher average maximum compensation concerning permanently injured parts of the body, insurance companies rarely offer maximum compensation to injured workers.

So, let the legal team of Manhattan personal injury lawyers at Tucker Lawyers, PC, help you make sure that you get the compensation benefits that you deserve. If you or a loved one has suffered a serious work injury, our experienced and dedicated New York injury lawyers know how to help.

Our lawyers possess not only the knowledge needed to make sure you’re getting fair and full workers’ comp benefits, we also have the compassion needed to truly learn about you and your case. Call our offices today at (516) 399-2364 and request a free consultation with an experienced personal injury lawyer.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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