Reviewed by Laurence P. Banville, Esq.How a shoulder injury is valued under New York workers’ comp
Most New York work injuries are covered by the no-fault Workers’ Compensation Law system, which pays benefits regardless of who caused the accident. A shoulder claim generally produces several types of benefits rather than one lump payment:
- Medical care for the injury, including diagnostics, surgery, and physical therapy, paid for by the insurer.
- Lost wage benefits while you cannot work, calculated from your average weekly wage and your degree of disability.
- A schedule loss of use (SLU) award if you are left with permanent reduced use of the arm once you reach maximum medical improvement.
Because the shoulder is part of the arm under New York’s schedule, a permanent shoulder impairment is typically compensated as a percentage loss of use of the arm. The arm has a maximum number of compensable weeks set by statute, and your award is that figure multiplied by your impairment percentage and your benefit rate.
What drives the dollar value
The factors that move a shoulder claim’s value are concrete and medical, not arbitrary:
- Severity and treatment. A rotator cuff repair or labral surgery usually supports a higher permanency finding than a strain that resolves with therapy.
- Permanent loss of use percentage. Assigned by physicians using New York’s impairment guidelines after you reach maximum medical improvement.
- Your average weekly wage. Higher pre-injury earnings raise your benefit rate, within the state’s annual maximum.
- Time out of work and ongoing restrictions that affect your ability to return to your job.
Outcomes vary widely from case to case, and prior results do not guarantee a future result. Anyone quoting you a guaranteed shoulder settlement figure before your medical permanency is established is guessing.
Lump-sum settlements: Section 32 agreements
New York does allow a voluntary lump-sum settlement called a Section 32 agreement, where you and the insurer agree to close out some or all of your claim for a one-time payment. These are negotiated, must be approved by the Workers’ Compensation Board, and often involve giving up future medical or wage benefits for the injury. Whether a Section 32 makes sense depends on your prognosis, future treatment needs, and Medicare considerations, so it is worth careful review before signing.
When a third party may also be responsible
Workers’ comp normally bars you from suing your own employer, but if someone other than your employer caused the accident, you may have a separate personal injury claim on top of comp. Construction-site shoulder injuries, for example, can sometimes involve Labor Law §240 or Labor Law §241(6) claims against owners or general contractors. That third-party route can recover damages comp does not, such as pain and suffering.
To understand the full picture of benefits, lump-sum options, and any third-party claim, see our Workers’ Compensation and Workplace Injury hub and the related guides below.
Frequently asked questions
Is there an average workers' comp settlement for a shoulder injury in New York?
There is no reliable average, because every claim depends on the surgery or treatment involved, the permanent loss of use percentage assigned by doctors, and your average weekly wage. New York compensates a permanent shoulder injury as a percentage loss of use of the arm. Be cautious of any source quoting a single typical number, since outcomes vary widely.
How is a shoulder injury rated for permanency?
After you reach maximum medical improvement, a physician assigns a schedule loss of use percentage for the arm using New York's impairment guidelines. That percentage is applied to the statutory number of weeks for the arm and your benefit rate to calculate the award. Surgical injuries generally support higher findings than strains.
What is a Section 32 settlement?
A Section 32 agreement is a voluntary lump-sum settlement between you and the insurer that closes out some or all of your claim. It must be approved by the Workers' Compensation Board and often means waiving future medical or wage benefits for the injury. Whether it is a good deal depends on your prognosis and future treatment needs.
Can I sue in addition to collecting workers' comp?
You generally cannot sue your own employer, but if a third party such as a property owner or another contractor caused the accident, you may have a separate personal injury claim. On construction sites, Labor Law sections 240 and 241(6) can apply. A third-party case can recover pain and suffering that comp does not pay.
How long do I have to act on a New York work injury?
You should report a work injury to your employer promptly and file a workers' compensation claim, as strict notice and filing deadlines apply. Any separate third-party lawsuit has its own deadline under New York law. Because the timelines differ and missing one can bar your claim, it is best to confirm them early.