New York Workers Comp Settlement Calculator (2026)
Estimate your New York workers comp lump-sum settlement using the state's actual weekly comp cap ($1,199/week max), TTD rate (66.67% of wage), and statutory PPD body-part schedule.
Max Weekly Rate$1,199
TTD Rate66.67% of wage
State AgencyNY WCB
Calculate Workers Comp Settlement
Estimated Lump-Sum Settlement
Workers Comp vs Personal Injury Tort: 5 Critical Differences
Factor
Workers Comp
Personal Injury Tort
Fault required?
No (no-fault)
Yes — must prove negligence
Pain & suffering?
No (excluded by statute)
Yes (multiplier method)
Wage loss
~66% capped weekly
100% past + future earnings
Permanent disability
State PPD schedule × impairment %
Vocational expert + jury
Speed
Fast benefits (weeks); slow settlement (1-3 yrs)
No interim benefits; settle in 6-24 mo
Third-party claims: if a non-employer caused the injury (defective equipment, contractor on site, motor vehicle), you can pursue both workers comp AND a tort claim against the third party. The tort claim recovers pain & suffering that comp excludes.
What is MMI (Maximum Medical Improvement)?
MMI is the point where your treating physician determines that further medical treatment will not significantly improve your condition. MMI doesn't mean you're "healed" — it means you've plateaued. After MMI, your case can settle.
Why MMI matters for settlement:
Pre-MMI: you receive ongoing TTD checks (weekly comp at ~66% wage). Insurer cannot force settlement.
At MMI: physician assigns a permanent impairment rating (% per AMA Guides) — this drives PPD value.
Post-MMI: settlement negotiations begin in earnest. Lump-sum buyout closes the case + future medical.
Critical: never agree to settle before MMI. Once you sign the Compromise & Release, you forfeit future medical coverage. If the injury worsens later, you absorb the cost.
Frequently Asked Questions
A typical workers comp settlement = (TTD owed) + (PPD value based on body part × impairment %) + (future medical buyout, usually ~80% of projected costs). Average for a moderate injury (15% impairment): $25,000 – $80,000. Severe permanent injuries (50%+ impairment) routinely exceed $200,000.
Settle when: (1) you've reached MMI, (2) you have firm impairment rating, (3) future medical needs are predictable. Keep checks when: (1) still treating, (2) condition unstable, (3) future surgery likely. Settling closes your future medical — once signed, you can't reopen if injury worsens.
C&R = lump sum that closes everything (TTD, PPD, future medical, employer's right to vocational rehab). Stip with Award = structured payments for PPD only, keeps future medical open. C&R pays more upfront; Stip preserves long-term medical safety net. State-specific terminology varies.
No — pain & suffering is statutorily excluded from workers comp. The trade-off is no-fault: you don't need to prove employer negligence. If a third party (not your employer) caused the injury, you can file BOTH a workers comp claim AND a tort claim against the third party — the tort claim recovers pain & suffering.
Your treating physician assigns the rating using the AMA Guides to the Evaluation of Permanent Impairment. If your rating seems low, you can request an Independent Medical Examination (IME) for a second opinion. In most states you can challenge the rating through the state workers comp board with a Qualified Medical Evaluator (QME) review.
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