How New York Workers' Comp Works in 2026
New York's permanent disability system is unlike most states — it splits injuries into two completely different tracks. Understanding which track your injury falls into is critical to knowing your rights.
SLU vs. Non-Schedule: The Critical Distinction
New York uses two entirely different systems for permanent disability benefits:
- Schedule Loss of Use (SLU): For injuries to extremities — arm, leg, hand, foot, fingers, toes, eyes, and hearing. Benefits based on statutory week schedule times the percentage of loss of use. Can be paid regardless of whether you return to work.
- Non-Schedule / LWEC: For injuries to the back, neck, spine, head, heart, or lungs. Benefits based on Loss of Wage-Earning Capacity (LWEC), determined by a WCB judge. Payable for up to 525 weeks depending on severity.
- A single injury can involve both — e.g., a fall that injures both the arm (SLU) and the back (LWEC).
How SLU Awards Are Calculated
The SLU formula has three components:
- Step 1: Multiply the statutory weeks for the body part by your SLU percentage (e.g., arm = 312 weeks × 30% = 93.6 weeks)
- Step 2: Multiply by your weekly benefit rate (2/3 of AWW, capped at $1,222.42)
- Step 3: Subtract any TTD already paid — prior payments offset the SLU award
- Key: SLU awards are separate from TTD. You receive both, but the TTD already paid is deducted from the gross SLU before final payment.
- Lump sum: You can request your SLU award as a single lump-sum payment after the WCB issues its decision.
Disputing Your SLU Percentage
The SLU percentage — the single most important number in your case — is often contested. Insurance carriers routinely hire IME doctors who assign lower percentages than your treating physician.
- Your doctor submits an SLU opinion based on the NY Permanent Impairment Guidelines
- The insurance carrier can obtain an IME with a different (usually lower) opinion
- A WCB judge reviews both opinions and issues a decision
- The difference between a 20% and 40% SLU on an arm can exceed $50,000 at 2026 rates
- An experienced NY workers' comp attorney can challenge low IME ratings with additional medical evidence and argument at the WCB hearing
Section 32 Settlements in New York
Section 32 of NY Workers' Compensation Law allows for a voluntary lump-sum settlement that closes all or part of a workers' comp claim. Key facts:
- Must be approved by a WCB judge who reviews whether it's in the worker's best interest
- Typically closes both future wage benefits and future medical care
- Once approved, the claim is permanently closed and cannot be reopened
- Section 32 settlements often yield 20–40% more than the present value of remaining benefits, reflecting the insurer's desire to close future medical uncertainty
- Best suited for workers with stable injuries who can manage their own future medical care
- Third-party personal injury lawsuits (for pain and suffering) are separate from workers' comp Section 32 and are not affected
New York Workers' Comp FAQ — 2026
Answers to the most common questions about New York workers' comp benefits, SLU awards, LWEC classification, and the settlement process.
What is the New York workers' comp maximum weekly benefit for 2026?
The maximum weekly benefit in New York workers' comp is $1,222.42 per week, effective July 1, 2025 through June 30, 2026. This is based on two-thirds of the 2024 New York State Average Weekly Wage (NYSAWW) of $1,833.63, per WCB Subject No. 046-1754. The minimum weekly benefit jumped to $325/week as of January 1, 2025 — up dramatically from $150/week where it had been frozen since 2013. Starting January 1, 2026, the minimum automatically adjusts to one-fifth of the NYSAWW annually, preventing future long-term freezes. Individual workers receive two-thirds of their own AWW (based on 52 weeks of gross earnings before injury), capped at $1,222.42.
What is the full New York SLU week schedule?
The New York Workers' Compensation Board SLU schedule (maximum weeks per body part under WCL §15(3)): Arm = 312 weeks; Leg = 288 weeks; Hand = 244 weeks; Foot = 205 weeks; Eye = 160 weeks; Thumb = 75 weeks; First (Index) Finger = 46 weeks; Second Finger = 30 weeks; Third Finger = 25 weeks; Fourth (Pinky) Finger = 15 weeks; Big Toe = 38 weeks; Other Toe = 16 weeks. These are maximums for 100% loss of use. Partial loss of use is prorated — a 30% SLU of the arm = 30% × 312 = 93.6 weeks. At the 2026 max weekly rate of $1,222.42, a 100% arm loss yields a gross SLU award of $381,395 before TTD offset. Multiple body part SLU awards are calculated independently and not combined.
How does the SLU percentage affect my award?
The SLU percentage — assigned by your doctor based on NY Permanent Impairment Guidelines — is the most important number in a scheduled injury case. The formula is: (Body Part Weeks × SLU%) × (AWW × 2/3). For an arm at a $900 AWW: 312 weeks × 30% = 93.6 weeks × $600/wk = $56,160 gross SLU, minus TTD already paid. Increasing the SLU from 20% to 30% on an arm at the same AWW adds over $18,000. Insurance carriers routinely contest SLU percentages by having their own IME doctor assign a lower number. A WCB judge reviews all medical opinions. An experienced workers' comp attorney can challenge low IME ratings and present additional evidence to push for the higher percentage your doctor assigned.
What is LWEC and how does it work for back and neck injuries?
Loss of Wage-Earning Capacity (LWEC) is New York's system for permanent disability benefits involving non-scheduled body parts — back, neck, spine, pelvis, head, heart, and lungs. Instead of a fixed week schedule, a WCB judge determines your LWEC percentage (the degree to which your work injury permanently reduces your ability to earn wages), considering your injury, age, education, work history, and vocational ability. The LWEC percentage determines how many weeks of benefits you receive: LWEC over 95% = 525 weeks; 75–95% = 450 weeks; 50–74% = 375 weeks; 25–49% = 300 weeks; under 25% = 225 weeks. Benefits are paid at 2/3 of AWW. Workers with LWEC under 25% may also be entitled to additional benefits depending on actual wage loss.
Does a SLU award affect my ability to work?
No — a Schedule Loss of Use award in New York is entirely separate from your employment status. You can receive a full SLU award even if you return to your same job at the same wages. The SLU is intended to compensate for the permanent functional impairment of the body part, not for wage loss specifically. This is a major advantage of the New York SLU system compared to wage-loss-based systems in other states. The award is calculated and paid regardless of whether you are working at the time of the decision. Any temporary disability benefits already paid during your recovery are deducted from the gross SLU award before final payment.
What is a Section 32 settlement in New York workers' comp?
A Section 32 settlement is a voluntary lump-sum agreement under NY Workers' Compensation Law §32 that resolves your workers' comp claim permanently. It typically closes both future wage benefits and future medical treatment for the work injury in exchange for a single cash payment. The settlement must be reviewed and approved by a WCB judge. If you have an attorney, the judge reviews the attorney's fee; if you are unrepresented, the judge also reviews the settlement amount itself to ensure it is fair and in your interest. Section 32 settlements are generally worth 20–40% more than the present value of the remaining benefit stream, because the insurer pays a premium to close future medical uncertainty. Once approved, the claim is permanently closed.
Can I sue for pain and suffering on top of workers' comp in New York?
Not against your employer — workers' comp is the exclusive remedy against your employer for work injuries. However, if a third party (not your employer or co-worker) contributed to your injury, you can file a separate personal injury lawsuit for pain and suffering, full lost wages, and other damages. Common third-party situations include: property owners (if injured on someone else's premises), general contractors (if you're a subcontractor), equipment manufacturers (defective machinery), and motor vehicle drivers (construction zone accidents). Third-party personal injury lawsuits can be worth multiples of the workers' comp claim. A Section 32 settlement of your workers' comp claim does not bar your third-party lawsuit, but the workers' comp carrier typically has a lien on the third-party recovery for benefits it paid.
About This New York Workers' Comp Calculator
This free New York workers' compensation settlement calculator uses the official 2026 rates published by the New York Workers' Compensation Board (WCB). The maximum weekly benefit of $1,222.42 (effective July 1, 2025 through June 30, 2026) is sourced from WCB Subject No. 046-1754, representing two-thirds of the 2024 New York State Average Weekly Wage (NYSAWW) of $1,833.63 as determined by the NY Department of Labor. The minimum weekly benefit of $325/week reflects the January 1, 2025 increase under legislation signed by Governor Hochul. From January 1, 2026, the minimum is indexed to one-fifth of the NYSAWW annually. The Schedule Loss of Use week schedule (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, other toe 16) is sourced directly from New York Workers' Compensation Law §15(3). LWEC week caps are per §15(3)(w) for injuries on or after March 13, 2007. This calculator provides general estimates for informational purposes only and does not constitute legal advice. SLU percentages, LWEC classifications, and TTD offsets are determined by WCB judges on a case-by-case basis. Consult a licensed New York workers' compensation attorney for advice specific to your claim.