Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Which body parts are worth the most in a New York workers' compensation claim?
Under New York Workers' Compensation Law §15, scheduled loss of use (SLU) awards apply to the eyes and major limbs, with the arm carrying the most weeks among scheduled body parts — 312 weeks for total loss. The spine, along with the brain, pelvis, lungs, and heart, is not a scheduled body part — spinal cord injuries resulting in paralysis and traumatic brain injuries are instead compensated under the unscheduled/non-schedule framework based on degree of disability, which is why they often produce the highest lifetime benefit totals despite falling outside the SLU schedule.
How does New York calculate the value of a workers' comp injury by body part?
New York uses a two-track system. For scheduled body parts (arms, legs, hands, feet, eyes, ears, fingers, toes), the Workers' Compensation Board assigns a percentage of loss of use multiplied by the maximum weeks set by statute and your average weekly wage. For unscheduled injuries — like back, neck, spine, and internal organs — the board assesses your degree of permanent partial or total disability and compensates accordingly, which can result in higher total awards for severe injuries.
Are spinal and brain injuries worth more than limb injuries in NY workers' comp?
Generally yes. While limb amputations produce significant scheduled awards, catastrophic spinal cord injuries causing paralysis and traumatic brain injuries (TBIs) typically yield the largest total compensation because they are unscheduled and can support permanent total disability classifications. A permanently and totally disabled worker in New York may receive two-thirds of their average weekly wage for life, subject to COLA adjustments — far exceeding most scheduled awards.
Does a workers' comp settlement in NY depend on which body part was injured?
Yes. The injured body part directly shapes your settlement because it determines whether NY Workers' Compensation Law §15 scheduled rates apply or whether your case is resolved under the unscheduled permanent disability framework. An attorney can help you obtain an independent medical examination, challenge the employer’s IME rating, and negotiate a Section 32 lump-sum settlement that reflects the full projected lifetime value of your injury — especially critical for high-value injuries like spine, brain, or total limb loss.