# Thread: How Are New York State Settlements Computed

1. Junior Member
Join Date
Nov 2006
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10

## How Are New York State Settlements Computed

I'm trying to find the facts on how settlements in New York State are computed.

Can anyone help me out here?

I'm really trying to find the formula used, not the excuse it's on a case by case basis.
Of course it's on a case by case basis, but it also uses a given formula for each case.

2. Join Date
Dec 2006
Posts
56

## Re: NewYork State Settlements, how are they computed

its called a schedule rating, try doing a search for impairment rating/disability schedule. found it once before very confusing a slide chart of sorts. I think an eye and testicle is only worth 10k. it depends on what part of body is injured and can you return to work.

3. Junior Member
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Apr 2007
Location
Cicero, NY
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## Re: How Are New York State Settlements Computed

A little late I know but here it is:

An SLU benefit award is measured in terms of weeks. A particular loss-of-use percentage is first stated by a medical expert. This percentage is then converted into a corresponding number of weeks' worth of Workers' Compensation benefits according to the schedule printed at Appendix II of the June 1996, Workers' Compensation Guidelines. Finally, the injured worker's own maximum weekly benefit is multiplied by the number of weeks indicated on the schedule. The resulting benefit is the worker's SLU for the particular injury suffered.

# of weeks for each body part:
Arm 312
Leg 288
Eye 160
Hand 244
Foot 205
Toes and fingers each have a schedule individually also.

Example: I had a torn rotator cuff and torn labrum in my shoulder, my doctor rated my SLU as 65% of my right arm, The WCB doctor rated me at 57.5%. The WCB Judge split the difference and determined my SLU at 62%
I earn \$1100 per week but the max comp weekly benefit is \$400, so I received
312 weeks X \$400 X .62 = \$77,376. Any wages or comp payments made in lieu of wages are then deducted from that amount, as are attorney fees and they cut you a check for the difference.

Spinal injuries and certain long-term unresolved injuries generally are not given a SLU but are "Classified" as Perm Partial Disability or Perm Total Disability and given a %. The % is multiplied by the difference of your previous job that you can no longer perform and the new job which you now have due to your disability (or no job at all). Again, this is subject to the \$400/wk max payment. Example: I lose my same job making \$1100/wk due to my disability and get a permanent partial disability rating of 50%. I would receive \$200/wk indefinitely (Injuries after 7/06 change the period of time you will receive benefits). you generally have to look for suitable work if your disability is partial, but not always.

I can offer more specific information with case particulars, but those are the very basics.

4. Member
Join Date
Mar 2007
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89

## Re: How Are New York State Settlements Computed

So a back injury for a 50 year old at \$400 a week pays what? PPD 75%

\$250,000 ?

5. Junior Member
Join Date
May 2007
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21

## Re: How Are New York State Settlements Computed

Hurtboy,

Where are you getting those numbers from?

Nurse

6. Member
Join Date
Mar 2007
Posts
89

## Re: How Are New York State Settlements Computed

A disabling back injury is not listed but

it can render a person perm-disable for years and years.

What is a ruined back worth?

7. Junior Member
Join Date
May 2007
Posts
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## Re: How Are New York State Settlements Computed

Hi Hurtboy,

Sorry, was not trying to upset you , but only trying to figure out where you were getting those numbers from. I have no idea what WC would consider a fair settlement for a 75% disability (I am assuming that is 75% whole body disability). Do you have a lawyer?

NYNurse

8. Member
Join Date
Mar 2007
Posts
89

## Re: How Are New York State Settlements Computed

Yes I have a lawyer.
He holds little hope of the NYSIF ever reaching a settlement. I don't believe the \$400 a week they owe me weekly is a fair amount for a life changing injury.
I had hopes Spitzer would step up for injured workers but he turned out for big business in.NY............................. just another SELLOUT!

9. Junior Member
Join Date
May 2007
Posts
21

## Re: How Are New York State Settlements Computed

The sad thing is that even though they have changed the caps on income - that doesn't help the people who are living with injury today - shouldn't they have some sort of "cost of living" increase?

NYNurse

10. Junior Member
Join Date
Apr 2007
Location
Cicero, NY
Posts
23

## Re: How Are New York State Settlements Computed

hurtboy, I'm sorry about your situation. Believe me, I totally empathize. I've been there also, as many of us have. It is rare to find anyone who actually feels that the WC system was fair to them and usually it is the scammers that do the best, because they don't actually have a devastating injury. It is quite a kick in the face to be paid \$400 per week max when your wages are many times higher and then your employer gets to recover those wages out of your settlement money anyway. As I said in my post above on settlement calculation, back injuries are really tough to settle (diagnostics and testimony must be rock solid and then it will still take years) and generally do not pay lump-sum type settlements, but instead, pay you a percentage of your former income every week for as long as you can't do your old job or a similiar job. Age of the worker doesn't factor into w/c settlements at all except in very rare cases.
Last edited by tbran; 06-01-2007 at 08:49 AM.

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