Reviewed by Laurence P. Banville, Esq.How New York values a wrist fracture comp claim
Wrist injuries usually fall under New York’s scheduled loss of use system rather than an open-ended weekly benefit. Workers’ Compensation Law assigns the wrist to the “arm” schedule. Once you reach maximum medical improvement, a doctor assigns a permanent impairment percentage; that percentage is multiplied by the statutory number of weeks for an arm (312 weeks) and by two-thirds of your average weekly wage.
The three numbers that drive your award are therefore your average weekly wage before the injury, the permanency percentage assigned to the wrist and arm, and any benefits already paid while you were out of work, which are credited against the schedule award. Outcomes vary from case to case, and prior results do not guarantee a future amount.
What a wrist fracture settlement typically covers
- Lost wages — two-thirds of your average weekly wage while you are unable to work, subject to the state maximum.
- Medical treatment — surgery, casting, hardware, physical therapy, and follow-up care related to the fracture.
- Scheduled loss of use — an award for the permanent percentage of impairment left in the wrist and arm.
- Reduced earning capacity — relevant if the fracture limits the work you can return to.
Factors that raise or lower the number
A displaced or comminuted fracture that needs surgery, plates, or screws tends to leave a higher permanency rating than a clean break that heals in a cast. Loss of grip strength, reduced range of motion, residual pain, and whether it is your dominant hand all push the impairment percentage up. A clean recovery with full motion pushes it down. Disputes over the permanency rating are common, which is why an independent medical evaluation and your own treating physician’s findings matter so much.
Could you have a claim beyond workers’ comp?
Workers’ compensation is generally your exclusive remedy against your employer, but if a third party caused the injury — a defective tool, a negligent subcontractor, or a property owner — you may also have a separate personal injury lawsuit. Construction-site falls can implicate Labor Law §240 and Labor Law §241(6). A third-party recovery can substantially exceed what comp alone provides, though the comp carrier may assert a lien against it.
Next steps in New York
Report the injury to your employer promptly and file your claim with the Workers’ Compensation Board — New York generally requires written notice to your employer within 30 days and filing of the claim within two years. Keep every medical record, and do not accept a settlement of your schedule award before your wrist has reached maximum medical improvement. To see how these pieces fit together, start with our Workers’ Compensation & Workplace Injury hub.
Frequently asked questions
Is a wrist fracture a scheduled loss of use in New York?
Yes, wrist injuries are generally evaluated under the arm schedule for a scheduled loss of use (SLU) award. Once you reach maximum medical improvement, a physician assigns a permanent impairment percentage that is applied to the statutory number of weeks for an arm and two-thirds of your average weekly wage.
How long do I have to file a workers' comp claim for a wrist injury?
In New York you should notify your employer in writing, generally within 30 days of the injury, and file your claim with the Workers' Compensation Board within two years. Filing promptly protects your right to wage and medical benefits.
Will surgery on my wrist increase my settlement?
It often raises the permanency rating, because surgical fractures with plates or screws tend to leave more lasting loss of motion and grip strength than a fracture that heals in a cast. The final impairment percentage still depends on your doctor's findings at maximum medical improvement.
Can I sue someone in addition to collecting workers' comp?
Workers' comp is usually your exclusive remedy against your employer, but if a third party caused the injury you may have a separate personal injury claim. A third-party recovery can exceed comp benefits, though the comp carrier may assert a lien against it.
Should I settle my comp claim before my wrist heals?
It is generally unwise to settle a scheduled loss of use award before your wrist reaches maximum medical improvement, because the permanent impairment cannot be accurately measured until then. Settling too early can lock in a lower percentage than your injury warrants.