Reviewed by Laurence P. Banville, Esq.How New York workers’ comp pays for an ankle injury
New York runs a no-fault system under the Workers’ Compensation Law, so you do not have to prove your employer was at fault to collect benefits. For an ankle injury, payment typically comes in three forms:
- Medical care — reasonable and necessary treatment is covered in full, including imaging, surgery, casting, physical therapy, and follow-up.
- Lost-wage benefits — while you are out of work or earning less, you receive a portion of your wages (see below).
- Permanency award — if the ankle does not fully heal, you may be owed a schedule-loss-of-use (SLU) award.
How much are the lost-wage payments
Weekly cash benefits are calculated as two-thirds of your average weekly wage multiplied by your percentage of disability, up to a maximum that New York adjusts each year. So a fully disabled worker earning $900 a week would receive roughly $600 weekly, while a partially disabled worker earning the same wage would receive a proportionally smaller amount. There is also a state minimum and maximum, so very high and very low earners are capped or floored. Because the maximum changes annually and depends on your injury date, confirm the current figure rather than relying on a fixed number.
The schedule-loss-of-use (SLU) award for ankles
The ankle is part of the leg under New York’s schedule, and a leg carries a set number of compensation weeks at total loss. If a doctor assigns a permanent impairment — for example, a percentage loss of use of the leg/ankle — your SLU award equals that percentage of the scheduled leg weeks, paid at your weekly benefit rate. This award is separate from and in addition to the wage benefits you already received while recovering. The exact percentage is driven by medical findings such as lost range of motion, so two ankle injuries can produce very different awards.
What affects the value of your claim
Several factors move the number up or down: your average weekly wage, your degree and duration of disability, whether surgery was required, the permanent loss-of-use percentage your physician documents, and whether you can return to your prior job. Outcomes vary widely from case to case, and prior results do not guarantee future ones. Anyone quoting you a guaranteed dollar figure before a doctor has assessed permanency is guessing.
When a separate lawsuit may be possible
Workers’ comp is usually your exclusive remedy against your employer, but if a third party — such as an equipment manufacturer or a negligent contractor on a job site — caused your ankle injury, you may have a separate personal injury claim on top of comp. Construction-site falls can also implicate New York’s Labor Law protections. To understand the full picture for your situation, start with our Workers’ Compensation & Workplace Injury hub and the related questions below.
Frequently asked questions
Does workers comp pay a lump sum for an ankle injury in New York?
It can. Ongoing benefits are paid weekly, but a permanent ankle impairment can produce a schedule-loss-of-use award, which is often paid as a lump sum based on your loss-of-use percentage and weekly rate. Some claims also resolve through a negotiated settlement, which varies by case.
How long do ankle injury comp benefits last?
Wage benefits continue while you have a covered disability and reduced earnings, subject to New York limits for partial disability. The schedule-loss-of-use award is a fixed number of weeks tied to the leg schedule and your impairment percentage, paid separately from temporary wage benefits.
Is my ankle treatment fully covered?
Reasonable and necessary medical care for a work-related ankle injury is covered with no out-of-pocket cost to you, including diagnostics, surgery, and physical therapy, when treatment follows the state's medical guidelines and authorization rules.
Can I sue in addition to collecting workers comp?
Generally you cannot sue your employer, but if a third party caused your injury, you may have a separate personal injury claim alongside comp. Construction-site injuries can also involve New York Labor Law protections. An attorney can review whether a third-party claim applies.
Should I accept the insurer's first valuation?
Not without understanding your permanency. The schedule-loss-of-use percentage is driven by medical findings, so an early offer may come before your ankle has reached maximum medical improvement. Have the permanency assessed before agreeing to any number.