New York workers’ compensation settlements depend on a variety of factors:
- Degree of disability
- Extent of injuries
- Whether the claimant is able to return to their previous career
There are some actual settlements that have been awarded in New York courts in the NYS worker’s comp settlement chart below. If you have been injured in an accident at work, contact New York workers’ compensation attorney Paul Giannetti and get the representation that you deserve.
| Amount | Incident | Status |
| $47,500.00 | LPN injured on the job was treated for low back pain. | Permanent disability – low back. Did not have to change jobs. Open medical for life. |
| $59,000.00 | Cable installation technician with low back injury. Surgery was not needed. | No permanent disability – claimant returned to full duty at work. |
| $69,100.00 | City worker with injuries to left side (leg and arm) as well as right arm. | Permanent disability – open medical indefinitely. |
| $75,000.00 | Clerk at a store injured her upper back and neck in an accident. The injury did not require surgery, but she did have physical therapy. | No permanent disability – claimant was able to return to full duty but did miss time from work for PT and doctor appointments. |
| $86,000.00 | Warehouse worker sustained an injury to his lower back (spine) and right shoulder. Required physical therapy and multiple surgeries. | Partial disability – ongoing. Open medical continue indefinitely. |
| $89,000.00 | County worker sustained injury to his nose, right eye, neck, and head, leaving him with ongoing post-concussion symptoms. Did not require surgery. | No permanent disability – was able to return to work with restrictions, light duty. |
| $100,000.00 | Server in a restaurant injured her cervical spine and required surgery. | Partial disability – returned to work light duty. |
| $105,500.00 | Construction worker sustained injuries to his neck, back, and right ankle. His injuries left him with chronic headaches. | Permanent partial disability – was not able to return to work. Open ended medical. |
| $109,000.00 | CNA inured her left hip and lower back while on the job. Did not require surgery. | Permanent partial disability – was not able to return to work. |
| $110,000.00 | Construction worker injured his spine, fractured two vertebrae which required several surgeries. | Permanent partial disability – returned to work, light duty. |
| $110,000.00 | Mechanic injured his back, lower and mid. No surgery was needed. | No permanent disability – returned to work, full duty. |
| $115,000.00 | Prison guard injured his right arm, shoulder, and elbow. Did not require surgery. | No permanent disability – returned to work, full duty. |
| $119,000.00 | Maintenance worker injured his upper back and neck. | No permanent disability – returned to work with no restrictions. Was able to recoup lost wages. |
| $120,000.00 | Mechanic injured his right shoulder and required several surgeries. | No permanent disability – returned to work with limitations. |
| $150,000.00 | Truck driver sustained a lower back lifting injury. Did not require surgery but receives ongoing physical therapy. | Permanent partial disability – returned to work with restrictions but eventually had to quit working when the restrictions were no longer effective. |
| $155,500.00 | Ironworker injured his lower back due to a fall and underwent surgery to correct the problem. | No permanent disability – returned to work, full duty. |
| $165,000 | Display merchandiser for department store injured her back. She did not require surgery. | Permanent partial disability – was not able to return to her previous occupation. |
| $506,900.00 | Furniture mover injured his back. May need surgery. | Permanent disability – unable to return to previous occupation. Open ended medical. |
| $655,000.00 | Teacher injured her right foot and ankle as well as her lower back. | Permanent partial disability – was not able to return to full duty at work. Open ended medical. |
| $710,000.00 | Rental store manager injured her left hip and back. Required long term physical therapy. | No permanent disability – claimant was able to return to work without restrictions. |
| $250,000.00 | Power company worker injured both arms and developed thoracic outlet syndrome. Required several surgeries and complete upper body casting. | No permanent disability – after a long recovery period, he was able to return to work. |
| $295,100.00 | Warehouse employee injured his neck and back which led to headaches. Required multiple surgeries. | Permanent partial disability – was not able to return to work; had to change careers. |
| $300,300.00 | Warehouse clerk sustained lower back injuries. | Permanent partial disability – was not able to return to work; had to change careers. |
| $330,130.00 | UPS employee sustained back injuries that required multiple surgeries. | No permanent disabilities – was able to return to work with restrictions. |
| $345,900.00 | Part time CNA severely injured her neck while working. Did not require surgery but she did miss a lot of work. | No permanent disability – was not able to return to full duty at work. |
| $530,000.00 | Orderly in a hospital severely injured his lower back. Required multiple surgeries. | Permanent partial disability – was not able to return to work and had to change careers. |
| $889,500 | Daycare worker injured her left arm and neck. Required multiple surgeries and ongoing medication therapy. | Permanent partial disability – was not able to return to full duty at work. Open ended medical. |
New York Workers’ Compensation FAQs
What Makes Worker’s Compensation Different From Personal Injury?
A worker’s compensation case is initiated when you are injured at work, in the course of your job. This could be in a factory where you stand in the same square meter all day long every day, or out on the road in a delivery van that you drive. If you’re injured in the course of doing your job, then you probably have a good worker’s compensation claim.
Do I Have To Submit To A Medical Examination?
Yes, the word of your doctor often won’t be enough. Your employer or the workers’ compensation insurance company can request that you see one of their own doctors to verify your claims of injury, along with their severity.
What If I Accept A Settlement For My Claim?
You may find it more beneficial to accept a lump sum settlement for your claim rather than take scheduled payments, but this can affect your future rights. Settlements can be offered either in the form of a stipulation or a Section 32 Waiver. A stipulation can be changed in the future. A Section 32 Waiver is permanent and can not be changed. Either type of settlement will have to be approved by the Workers’ Compensation Board.You may find it more beneficial to accept a lump sum settlement for your claim rather than take scheduled payments, but this can affect your future rights. Settlements can be offered either in the form of a stipulation or a Section 32 Waiver. A stipulation can be changed in the future. A Section 32 Waiver is permanent and can not be changed. Either type of settlement will have to be approved by the Workers’ Compensation Board.
What Happens If I Accept A Section 32 Settlement And My Injury Worsens?
You will be responsible for any future costs associated with your injury once you have made a Section 32 settlement. The case is considered closed, and you cannot file any more claims based on the injury.
What Can I Do If I’m Not Satisfied With The Judge’s Decision?
If you’re not happy with the decisions you get from a judge in a worker’s compensation case, you can claim for a review of the case by the Workers’ Compensation Board, You must, of course, explain why you think the decision is unfair or wrong.
If you are then not happy with the decisions of the Board’s review, you may appeal once more to the Appellate Division, Third Department, within thirty days after the decision has been served upon the parties.
Why Legal Expertise Matters
- Case Evaluation: A seasoned attorney can accurately evaluate the strength of your claim, considering factors like the severity of your injury and its impact on your employment.
- Negotiating Settlements: Lawyers are skilled in negotiating with insurance companies to secure the best possible settlement for your case.
- Handling Legal Proceedings: If your case goes to a hearing, having legal representation is crucial for navigating the legal system and advocating on your behalf.
When to Seek Legal Help
It’s advisable to consult an attorney as soon as possible after your injury. Early legal guidance can help avoid common pitfalls and set your claim on the right track from the start.
Related: Remote Employees and Workers’ Compensation in New York