New York workers compensation revolves around the schedule loss of use (SLU) system codified in WCL Section 15. This calculator estimates your TTD and SLU award using the statutory week schedule: arm 312 weeks, leg 288, hand 244, foot 205, eye 160, and hearing 150 weeks. It also covers the Section 32 waiver settlement and the 2007 reform caps on non-schedule PPD duration.
Operated by Mustafa Bilgic, non-attorney individual. Schedule weeks below are from WCL Section 15 via the NY Senate official statute text. The maximum weekly benefit rate changes every July 1 based on the New York State Average Weekly Wage (SAWW). Verify the current rate at wcb.ny.gov.
| Item | New York rule | Authority |
|---|---|---|
| TTD rate | 2/3 of AWW | WCL Section 15 |
| Max weekly rate | 2/3 of SAWW (updates July 1 annually; verify at WCB) | WCL Section 15(6) |
| Waiting period | 7 days | WCL Section 12 |
| Retroactive threshold | 14 days | WCL Section 12 |
| SLU: Arm | 312 weeks | WCL Section 15(3)(a) |
| SLU: Leg | 288 weeks | WCL Section 15(3)(b) |
| SLU: Hand | 244 weeks | WCL Section 15(3)(c) |
| SLU: Foot | 205 weeks | WCL Section 15(3)(d) |
| SLU: Eye | 160 weeks | WCL Section 15(3)(e) |
| SLU: Hearing (both ears) | 150 weeks | WCL Section 15(3)(f) |
| SLU: Thumb | 75 weeks | WCL Section 15(3)(g) |
| SLU: Index finger | 46 weeks | WCL Section 15(3)(h) |
| Statute of limitations | 30 days notice + 2 years to file | WCL Section 28 |
| Doctor choice | Employee selects from authorized providers | WCL Section 13-a |
| Settlement types | Section 32 waiver (full close) or Stipulation | WCL Section 32 |
New York's permanent partial disability system is built around "schedule loss of use" (SLU). When a worker suffers a permanent loss of function to a scheduled body part (arms, legs, hands, feet, fingers, toes, eyes, or hearing), the Workers Compensation Board assigns a percentage of loss. That percentage is multiplied by the statutory maximum weeks for that body part, and the result is multiplied by the weekly compensation rate.
For example, a worker earning $1,500 per week with a 30% SLU of the hand receives: $1,000 weekly rate (2/3 of AWW, capped at the current maximum) multiplied by 30% of 244 weeks = 73.2 weeks of benefits. At $1,000 per week, that would equal $73,200 in SLU compensation.
SLU awards are paid regardless of whether the worker returns to employment and regardless of actual wage loss. They are strictly based on the medical assessment of functional loss to the scheduled member. This makes New York's system more predictable for extremity injuries than states that require proof of continuing wage loss.
Injuries to the back, neck, head, hip, shoulder (when classified as a neck/back injury rather than an arm injury), and internal organs are "non-schedule" losses. Before the 2007 reforms, non-schedule permanent partial disability benefits in New York could continue indefinitely. The 2007 amendments imposed duration caps based on the classified degree of disability:
| Degree of disability | Maximum weeks of PPD benefits |
|---|---|
| Mild | 225 weeks |
| Moderate | 300 weeks |
| Marked | 375 weeks |
| Major | 525 weeks |
The classification is determined by the Workers Compensation Board based on medical evidence. Permanent total disability claims are not subject to these caps and can continue for life. The distinction between schedule and non-schedule classification is frequently disputed, particularly for shoulder injuries where the characterization affects both the calculation method and the duration of benefits.
Uses WCL Section 15 schedule weeks. Educational only.
New York offers two settlement paths. A Section 32 waiver agreement is a full and final settlement: the worker receives a lump sum and permanently gives up all rights to the claim, including future medical treatment related to the injury. The Workers Compensation Board must approve the agreement, and the claimant has the right to withdraw within eight days after the hearing.
A stipulation, by contrast, fixes the degree of disability and the weekly rate but keeps the case open. The insurer continues to pay medical benefits related to the injury. Stipulations are more common for schedule loss of use awards where the medical picture is stable but ongoing treatment may be needed.
The choice between Section 32 and stipulation is one of the most consequential decisions in a New York workers comp case. Workers with conditions requiring long-term treatment (spinal fusions, joint replacements, chronic pain) must weigh the lump sum against the estimated lifetime cost of medical care before agreeing to a Section 32.
Insurers routinely request independent medical examinations (IMEs) to challenge the treating physician's disability assessment or SLU rating. If the IME physician disagrees with the treating doctor, the Board may order a further evaluation or make a determination based on the medical evidence. The IME process often extends claim timelines by months, particularly for non-schedule injuries where the degree of disability must be classified into the mild/moderate/marked/major tiers.
Schedule loss of use is New York's method for compensating permanent partial disability to specific body parts. WCL Section 15 assigns a fixed number of weeks to each extremity: arm 312 weeks, leg 288 weeks, hand 244 weeks, foot 205 weeks, eye 160 weeks, and hearing (both ears) 150 weeks. Your SLU award equals your weekly rate times the percentage of loss times the scheduled weeks.
New York has a 7-day waiting period under WCL Section 12. No compensation is paid for the first seven days of disability. If disability extends beyond 14 days, compensation is paid retroactively from the first day of disability.
A Section 32 settlement is a full and final agreement that closes the workers comp claim, including indemnity, medical, and sometimes ancillary benefits, in exchange for a lump sum. Unlike a stipulation, a Section 32 waiver agreement permanently bars reopening the claim. It requires Workers Compensation Board approval.
Injuries to the head, back, neck, hip, and internal organs are classified as non-schedule losses. Since the 2007 reforms, non-schedule permanent partial disability benefits are subject to duration caps based on the degree of disability, ranging from 225 weeks for minor disabilities to 525 weeks for major disabilities.
Yes. New York allows injured workers to select their own treating physician from the start of the claim, provided the physician is authorized by the Workers Compensation Board. The employer or carrier may request an independent medical examination (IME) to challenge the treating physician's findings.
Under WCL Section 28, you must notify your employer within 30 days of the accident. The claim itself must be filed with the Workers Compensation Board within 2 years of the date of accident, or within 2 years of the last payment of compensation, whichever is later.
The 2007 amendments capped the duration of non-schedule permanent partial disability benefits. Before 2007, benefits could continue indefinitely. Now, duration caps range from 225 to 525 weeks depending on the classified degree of disability, though schedule loss of use awards remain uncapped by duration.
No. This page is operated by Mustafa Bilgic, a non-attorney individual operator. It provides educational research only. Consult a licensed New York workers compensation attorney for advice specific to your claim.