- December 15, 2021
- kaplanlaw
- Work Injury
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
In New York State, workers’ comp settlement body part prices tend to be both higher and lower compared to national averages. 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
- Eye
- Ear
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:
- Middle Finger
- Pinky.
Payout for Workers’ Compensation Body Parts Chart
When looking at the average maximum compensation amounts across states, it can be difficult to discern 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 average maximum compensation in New York against the highest, lowest, and average state values. (Source: ProPublica)
|
Body Part |
New York State |
Highest |
Lowest |
Average in the USA |
|
Arm |
$252,299 |
$859,634 (Nevada) |
$48,840 (Alabama) |
$169,878 |
|
Leg |
$232,891 |
$457,418 (Nevada) |
$44,000 (Alabama) |
$153,221 |
|
Hand |
$197,311 |
$738,967 (Nevada) |
$37,400 (Alabama) |
$144,930 |
|
Thumb |
$60,649 |
$195,670 (Kentucky) |
$13,500 (Rhode Island) |
$42,432 |
|
Index Finger |
$37,198 |
$95,723 (Oregon) |
$6,720 (Maryland) |
$24,474 |
|
Middle Finger |
$24,260 |
$93,063 (Oregon) |
$4,987 (Colorado) |
$20,996 |
|
Ring Finger |
$20,216 |
$82,420 (Oregon) |
$3,047 (Colorado) |
$14,660 |
|
Pinky |
$12,130 |
$79,759 (Oregon) |
$2,065 (Massachusetts) |
$11,343 |
|
Foot |
$165,773 |
$251,802 (Maryland) |
$26,000 (Minnesota) |
$91,779 |
|
Big Toe |
$30,729 |
$90,402 (Oregon) |
$6,090 (California) |
$23,436 |
|
Eye |
$129,384 |
$261,525 (Pennsylvania) |
$22,800 (Minnesota) |
$96,700* |
|
Ear |
$48,519 |
$124,991 (Oregon) |
$9,696 (Colorado) |
$38,050* |
|
Testicle |
NOT AVAILABLE |
$73,537 (Illinois) |
$3,750 (Minnesota) |
$27,678* |
* Average maximum compensation data not available for every state
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.
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 expenses received related to medical care following an injury at work.
Schedule 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 employers quickly move past the negotiations 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.
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 Kaplan 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 at Kaplan 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.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]