How much is your workers’ comp case worth? The math — plain and simple.
New York workers’ comp benefits are calculated by formula, not by feel. Your average weekly wage, your disability rating, and the statutory week value for your body part determine your weekly check and your permanency award. Understanding the math lets you recognize a fair settlement offer — and spot a lowball one.
Three formulas that control every NY workers’ comp case.
Formula one: your weekly benefit. Under § 15, your indemnity benefit equals two-thirds of your average weekly wage (AWW), capped at the state maximum. The 2026 New York maximum weekly benefit is $1,281.50. Example: if your AWW is $1,200, two-thirds is $800 — below the cap, so you receive $800 per week. If your AWW is $2,000, two-thirds is $1,333 — above the cap, so you receive $1,281.50. AWW is calculated from the 52 weeks before the accident, including overtime and concurrent jobs, under § 14.
Formula two: your schedule loss of use (SLU) award. The Workers’ Compensation Board assigns a statutory maximum week value to each body part under § 15(3) — for example, 312 weeks for an arm, 288 weeks for a leg, 160 weeks for a knee, 244 weeks for a hand. Your SLU award equals: AWW x 2/3 x statutory weeks x SLU percentage. Example: AWW $900, knee injury, 35% SLU — $600 weekly rate x 160 weeks x 35% = $33,600 SLU award.
Formula three: permanent total disability (PTD). If you are classified as permanently totally disabled, benefits continue for life at the two-thirds-of-AWW rate, capped at the state maximum. PTD cases often involve spinal cord injuries, severe traumatic brain injuries, or loss of two major body parts under § 15(1). Reduced earnings (RE) benefits under § 15(5-a) apply when you return to lighter-duty work at lower wages — you receive two-thirds of the difference between your pre-injury AWW and your current earning capacity, again capped at the state maximum.
What you need to know
Plain-English answers to the questions that come up most often on these cases.
How AWW Is Calculated
The 52-week lookback and what income counts.
Read morePermanent Partial Disability
SLU percentages and statutory week values by body part.
Read moreReduced Earnings Benefits
Benefits when you return to work at lower wages.
Read moreHow Long Benefits Last
Temporary vs. permanent benefit duration caps.
Read moreWC and SSDI Together
The WC offset that reduces your SSDI payment.
Read moreSection 32 Settlements
Converting your SLU math into a lump-sum offer.
Read moreHow we handle these cases
We reconstruct your true AWW
Carriers often use base pay only. We pull overtime records, tip income, concurrent employment W-2s, and self-employment schedules to calculate the highest defensible AWW under § 14 — because every dollar of AWW multiplies across every week of benefits.
We fight low SLU ratings
The carrier’s IME doctor routinely rates SLU lower than your treating doctor. We present your doctor’s C-4.3, the objective imaging and function tests that support it, and argue the higher rating before the Workers’ Compensation Law Judge.
We identify PTD cases early
If your injury is severe enough to qualify as permanent total disability, the lifetime benefit is worth far more than any SLU award. We flag PTD potential from the first medical reports and build the record to support that classification.
We protect your AWW during RE periods
When you return to lighter duty, we monitor your reduced earnings benefit calculation each pay period and contest any carrier adjustment that understates your pre-injury AWW or overstates your current earning capacity.
We run Section 32 math before you sign
Before you accept a lump-sum offer, we calculate your remaining indemnity weeks, your projected future medical costs, and the present value of both — so you can compare the settlement number against a real baseline.
Real cases. Real results.
Three recent Workers’ Compensation outcomes — case context and result. No client identifying information.
Carrier used only base pay. We added overtime and a part-time second job under § 14. Recalculated AWW of $1,010 added $245 per week — $148,000 over the remaining benefit period.
Carrier IME rated lumbar spine at 22% loss of use. We presented the treating surgeon’s C-4.3 with functional capacity evaluation support. WCLJ awarded 48%, more than doubling the award.
Client with bilateral knee replacements and cervical fusion returned to no work capacity. We built the PTD record and the WCLJ classified the case as PTD — $843 per week for life.
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.
Related questions
Quick answers from our FAQ library.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights
Retaliation, wage theft, harassment. Plaintiff-side only.
Learn more →Workers’ Compensation lawyers near you
Seven New York offices serving working clients across the state.
The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
- 20 years in practice
- Fluent in Spanish
Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
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