Free Tool

What's Your Case Worth?

Estimate the value of your NYS workers' compensation settlement. Calculate Schedule Loss of Use (SLU) awards by body part under WCL §15(3) and explore whether a Section 32 settlement makes sense for your case.

How It Works

Three steps to estimate the value of your workers' compensation settlement in New York.

1

Select Your Body Part

Choose the injured body part from the WCL §15(3) schedule — arm, leg, hand, foot, finger, toe, eye, or ear.

2

Enter Your % Loss

Enter the percentage of permanent loss of use as determined by your treating physician or IME doctor.

3

See Your Estimate

Get an instant SLU award estimate at the current maximum rate, plus attorney fee and net to claimant breakdowns.

Quick SLU Estimate

For the full calculator with prior award deductions, multiple body parts, and attorney fee breakdowns — use our SLU Calculator.

Settlement Comparison Tool

Compare your SLU award estimate against a potential Section 32 settlement to understand which path may be right for your situation.

Path A: SLU Award
Statutory Formula
Calculation: % Loss × Weeks × Comp Rate
Case Stays Open: Medical benefits continue
Timeline: 1-3 years to MMI
Best For: Continuing care needs
Path B: Section 32
Negotiated Lump Sum
Amount: Negotiated between parties
Case Closes: Full settlement & release
Timeline: 6 months to several years
Best For: Lump-sum certainty

Use the SLU calculator above to estimate your statutory award, then discuss Section 32 settlement options with an experienced workers' compensation attorney.

Compare with an Attorney

Settlement vs. Continued Benefits

Understanding your options under New York Workers' Compensation Law.

SLU Award (§15(3))

  • Lump-sum payment for permanent loss of use of a scheduled body part
  • Amount fixed by statute — percentage of loss × weeks × comp rate
  • Does not close your case for future medical treatment
  • No negotiation required — calculated per the Board's guidelines
  • Available for extremities: arms, legs, hands, feet, fingers, toes, eyes, ears

Section 32 Settlement

  • Voluntary lump-sum agreement that closes the entire case
  • Amount negotiated between claimant's attorney and the carrier
  • Typically closes medical benefits (unless carved out)
  • Must be approved by the Workers' Compensation Board
  • Available for all case types — schedule, classification, and occupational disease

Not sure which path is right for you? An experienced workers' compensation attorney can evaluate your specific situation and advise on the best strategy.

What Factors Affect Your Settlement Value?

Six key factors determine how much your workers' compensation settlement is worth in New York.

💼

Average Weekly Wage (AWW)

Your compensation rate is 2/3 of your AWW (capped at the statutory maximum). Higher AWW = higher settlement value. Your AWW is calculated from the 52 weeks before injury.

🏥

Body Part Injured

Different body parts have different week schedules under WCL §15(3). An arm loss is worth more weeks than a finger loss. Non-scheduled injuries (back, neck) are evaluated differently and may support higher lump sums.

📊

Permanency Percentage

The percentage of permanent loss of use (0-100%) is determined by medical evidence — treating physician reports, IME findings, and Board guidelines. Higher permanency = higher awards and settlement value.

📅

Date of Injury

Your date of injury determines which compensation rate applies. Older injuries use lower rates; newer injuries use higher current rates. This significantly impacts both SLU awards and Section 32 settlement value.

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Medical Treatment Needs

The extent of future medical care needed affects Section 32 settlement negotiations. More ongoing treatment needs typically increase settlement value. Future surgery, therapy, or specialist care all factor into negotiation.

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Age & Work Capacity

Younger claimants with limited work capacity may receive higher settlements because they have longer earning potential ahead. Age, residual functional capacity, and vocational prospects all influence Section 32 value significantly.

The Settlement Timeline in New York

A typical workers' compensation case progresses through these stages before settlement or award.

1

Injury

2

Claim Filed

3

Treatment & IMEs

4

Maximum Medical Improvement

5

Permanency Determination

6

Settlement Negotiation

7

Board Approval

The entire process typically takes 1 to 5+ years depending on the complexity of your injury, medical treatment needs, and whether the parties agree on settlement terms. An attorney can help accelerate the process strategically.

Frequently Asked Questions

Common questions about NYS workers' compensation settlements.

How are workers' comp settlements calculated in New York?
In New York, workers' compensation settlements are calculated based on the type of case. For Schedule Loss of Use (SLU) awards under WCL §15(3), the value equals the percentage of loss times the number of weeks assigned to that body part, multiplied by the claimant's compensation rate (2/3 of average weekly wage, capped at the statutory maximum). Section 32 settlements involve a lump-sum payment that closes the case entirely and are negotiated based on the present value of future benefits.
What is a Section 32 agreement?
A Section 32 agreement is a voluntary settlement under Workers' Compensation Law §32 that allows the claimant and carrier to resolve the entire case with a lump-sum payment. Once approved by the Workers' Compensation Board, it closes the case permanently — including future medical benefits unless specifically excluded. Both parties must consent, and the Board reviews the agreement to ensure it is in the claimant's best interest.
Should I settle my workers' comp case?
Whether to settle depends on several factors: the severity and permanency of your injury, your current and future medical needs, your age and work capacity, and the strength of your legal position. A settlement provides a lump sum but closes your case permanently. An attorney can help you evaluate whether a settlement offer fairly compensates your injuries or whether continuing to receive weekly benefits and medical coverage is more advantageous.
How much is my workers' comp case worth in New York?
The value of a NYS workers' compensation case depends on your average weekly wage, the body parts injured, the percentage of permanent impairment, your date of injury (which determines the maximum rate), and whether you have a Schedule Loss of Use (extremity) or classification (non-schedule) case. Use our free calculator above to estimate SLU values, or consult with an attorney for a comprehensive case valuation including Section 32 settlement potential.
What is the average workers' comp settlement in New York?
Average workers' comp settlements in New York vary widely depending on the severity of the injury, the body part affected, and whether the claim involves Schedule Loss of Use or a classification injury. SLU settlements for a single extremity typically range from $10,000 to $150,000+ depending on the percentage of loss and the compensation rate at the time of injury. Section 32 settlements can be substantially higher or lower depending on negotiation and medical permanency findings. An experienced attorney can evaluate comparable cases to estimate your settlement value.
How long does a workers' comp settlement take in New York?
The timeline for a workers' comp settlement in New York depends on the case type. SLU awards are typically determined 1-3 years post-injury following maximum medical improvement (MMI). Section 32 settlements can take 6 months to several years to negotiate, depending on the complexity of the case, the strength of medical evidence, and the parties' positions. Once the settlement is signed and submitted to the Workers' Compensation Board, approval typically takes 1-2 weeks.

Related Calculators

Explore our suite of New York workers' compensation calculators to understand all aspects of your case value.

Talk to a Workers' Comp Attorney

Not sure about your case value? Get a free consultation with an experienced NYS workers' compensation attorney who can evaluate your specific situation.

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