How workers’ comp pays for a rotator cuff tear
New York workers’ compensation is a no-fault system under the Workers’ Compensation Law. If your rotator cuff tear is work-related, you are entitled to two core benefits regardless of who was at fault:
- Medical care: Reasonable and necessary treatment for the shoulder — imaging, physical therapy, injections, and surgery — paid at the state medical fee schedule with no deductible to you.
- Lost wages: A weekly cash benefit while you are out of work or working at reduced capacity, generally two-thirds of your average weekly wage multiplied by your degree of disability, up to the state maximum in effect on your date of injury.
The schedule loss of use award for your shoulder
A torn rotator cuff often leaves permanent stiffness or weakness. Once your doctor confirms you have reached maximum medical improvement, New York may assign a schedule loss of use (SLU) percentage to the affected arm. The arm is a scheduled body part worth a set number of weeks of benefits at total loss; your SLU percentage is applied to that figure and paid at your benefit rate.
In plain terms, a higher loss-of-use percentage and a higher average weekly wage produce a larger award. Because the SLU is paid on top of the wage benefits you already received during recovery, it is the part of a shoulder claim where the numbers vary most from one worker to the next.
What drives the amount you actually receive
- Your average weekly wage in the year before the injury — this sets your benefit rate.
- Your degree of disability during recovery (total or partial).
- The permanent loss-of-use percentage assigned to the arm after you stabilize.
- Whether surgery was required and how well the shoulder recovers.
- The statutory maximum weekly rate on your date of injury.
No attorney can promise a specific dollar figure in advance. Outcomes turn on these factors and on the medical evidence, and prior results do not guarantee what your claim will pay.
When a separate lawsuit may add to your recovery
Workers’ comp does not pay for pain and suffering. If someone other than your employer contributed to the injury — a negligent property owner, a defective tool or machine, or another contractor on a job site — you may be able to bring a separate third-party lawsuit on top of your comp claim. Construction-related falls and equipment failures can also implicate New York’s Labor Law §240 and §241(6) protections.
To understand your full options, start with the Workers’ Compensation & Workplace Injury hub below, then review whether a third-party claim or a parallel lawsuit fits your situation.
Frequently asked questions
Does workers' comp pay a set amount for a torn rotator cuff in New York?
No. There is no flat payout. You receive medical coverage plus weekly wage benefits during recovery, and a permanent shoulder impairment may add a schedule loss of use award. The total depends on your wages, your degree of disability, and the loss-of-use percentage.
What is a schedule loss of use (SLU) award?
It is a separate payment for permanent loss of function in a scheduled body part like the arm, assigned after you reach maximum medical improvement. The arm is valued at a set number of weeks, and your SLU percentage is applied to that figure at your weekly benefit rate.
Will comp cover my rotator cuff surgery?
Yes. If the surgery is reasonable and necessary for a work-related tear, it is covered under the medical fee schedule with no out-of-pocket cost to you. Treatment generally requires authorization through the workers' comp process.
Can I get money for pain and suffering through workers' comp?
No. Workers' compensation does not pay for pain and suffering. Those damages are only available through a separate lawsuit, such as a third-party claim against someone other than your employer who helped cause the injury.
Can I sue in addition to my comp claim?
Possibly. If a party other than your employer contributed to the injury, you may bring a third-party lawsuit alongside your comp claim. Construction falls and defective equipment can also raise New York Labor Law claims worth reviewing with an attorney.