Workers’ Comp for a Wrist Fracture in New York

The New York Workers' Compensation Board calculates your benefit at two-thirds of your pre-injury average weekly wage (AWW), subject to the state's annual maximum weekly rate. The cap is set each July 1 and varies by year of injury. If your wrist fracture keeps you completely out of work, you receive the full two-thirds rate; if you return to lighter duty at reduced pay, you receive two-thirds of the difference between your old and new wages.

New York's Workers' Compensation Law assigns the wrist a statutory maximum of 244 weeks of benefits. After maximum medical improvement, a WCB doctor rates the percentage of permanent loss of use of your wrist. That percentage is multiplied by 244 weeks and then by your weekly benefit rate to produce a lump-sum Schedule Loss of Use (SLU) award. A more severe fracture or one requiring surgery typically results in a higher impairment percentage and a larger SLU payment.

Yes. Under New York's no-fault workers' compensation system, the WCB requires your employer's insurer to pay 100 percent of authorized medical treatment with no copays or deductibles from you. Covered expenses include emergency care, surgery, physical therapy, occupational therapy, imaging, and any necessary adaptive equipment. You must use WCB-authorized providers; treatment by a non-authorized provider may not be reimbursed.

In most cases, New York's workers' compensation system is your exclusive remedy against your employer, meaning you cannot sue your employer in civil court even if they were negligent. However, if a third party (such as a defective tool manufacturer, a contractor on the job site, or a negligent driver) caused or contributed to your wrist fracture, you may file a separate personal injury lawsuit against that third party while still collecting workers' comp benefits. An attorney can evaluate whether a third-party claim applies to your situation.