How Long Does a Workers’ Comp Case Take in NY?

There is no single average—timelines vary widely depending on injury severity, whether liability is disputed, and how quickly the Workers’ Compensation Board (WCB) schedules hearings. Uncontested claims with a clear diagnosis may settle in 6–12 months. Contested cases or those involving permanent disability often take 2–3 years or more before a final settlement is reached.

A Section 32 settlement is a lump-sum agreement that closes out a NY workers’ comp claim permanently in exchange for a single payment. Once both parties agree and the WCB approves the settlement, the case is finished—no further benefits are paid. Because WCB approval adds a step, Section 32 settlements can take additional weeks or months beyond the initial agreement, but they do provide finality and certainty.

New York workers’ compensation is a no-fault system that covers medical treatment and wage replacement (two-thirds of your average weekly wage, up to the state maximum) for injuries sustained on the job. In most cases, accepting workers’ comp bars you from suing your employer. However, if a third party—such as a negligent contractor, equipment manufacturer, or property owner—caused or contributed to your injury, you may be able to bring a separate personal injury lawsuit alongside your WCB claim.

Several factors extend a workers’ comp timeline: the insurance carrier disputing the injury or its work-related nature, disagreements over the extent of permanent disability, delays in independent medical examinations, backlogs in WCB hearing schedules, or an injured worker still receiving ongoing treatment. Cases involving serious injuries—spinal cord damage, traumatic brain injury, or amputations—typically take longer because maximum medical improvement (MMI) must be reached before the full extent of loss can be valued.