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New York workers' comp settlement chart
New York pays a permanent injury to a listed body part for a set number of weeks. A thumb is 75 weeks.
Each week pays 66.67% of your average weekly wage, up to $1,282 a week (injuries from 2026-07-01 to 2027-06-30).
At the maximum rate, that comes to $96,113; partial loss of use pays that share of the weeks.
Quoted from New York law and the New York State Workers' Compensation Board, checked October 2, 2026 · not legal advice
Weeks of benefits by body part
For total loss or total loss of use. The next column is the weeks times the $1,282 weekly maximum; enter your wage above for your own amount.
| Body part | Weeks | At the maximum | At your wage |
|---|---|---|---|
| arm | 312 | $399,828 | |
| leg | 288 | $369,072 | |
| hand | 244 | $312,686 | |
| foot | 205 | $262,708 | |
| eye | 160 | $205,040 | |
| loss of hearing of both ears | 150 | $192,225 | |
| thumb | 75 | $96,113 | |
| loss of hearing of one ear (complete loss) | 60 | $76,890 | |
| first finger | 46 | $58,949 | |
| great toe | 38 | $48,697 | |
| second finger | 30 | $38,445 | |
| third finger | 25 | $32,038 | |
| toe other than great toe | 16 | $20,504 | |
| fourth finger | 15 | $19,223 |
Maximum weeks of compensation for the member lost; partial loss or loss of use is paid for the proportionate loss (15(3)(s)); loss of more than one phalange of a digit equals the digit, loss of the first phalange equals one-half (15(3)(n)). Confirmed against the Board's Schedule Loss of Use page and form C-500.
Injuries not on the chart
Scheduled loss: maximum weeks for the member x percentage loss of use (the Schedule Loss of Use, SLU) x 66 2/3% of average weekly wage (capped at the weekly maximum); e.g. 312 weeks x 25% = 78 weeks. Non-scheduled permanent partial disability (back, neck, etc.) is classified by loss of wage-earning capacity (LWEC), which sets the maximum weeks (225 weeks at 15% or less, up to 525 weeks at 96% or more) at two-thirds of the difference between average weekly wage and wage-earning capacity (15(3)(w)). Additional compensation for impairment of wage earning capacity after a schedule award of 50% or more loss of a member is possible (15(3)(v)).
Rates and deadlines
| Temporary disability rate | two-thirds of your average weekly wage, multiplied by your degree of disability (100% for total disability), up to the weekly maximum | NY Workers' Compensation Board, Lost Wage Benefits; WCL 15 |
|---|---|---|
| Weekly maximum | $1,282 (injuries from 2026-07-01 to 2027-06-30 (resets each July 1)); applies to all weekly lost-wage benefits (two-thirds of the New York State average weekly wage) | NY Workers' Compensation Board, Schedule of Maximum Weekly Benefit; WCL 15(6) |
| Weekly minimum | $384 (injuries from 2026-07-01 to 2027-06-30 (one-fifth of the New York State average weekly wage)); all weekly benefits; if the employee's weekly wages are equal to or less than the minimum, the employee receives full wages | NY Workers' Compensation Board, Schedule of Maximum Weekly Benefit; WCL 15(6) |
| Permanent partial rate | 66 2/3% of your average weekly wage for scheduled members, for the weeks on the schedule x the percent loss of use; for non-scheduled permanent partial disability, 66 2/3% of the difference between average weekly wage and wage-earning capacity, for a limited number of weeks set by the loss of wage-earning capacity | WCL 15(3) |
| Waiting period | 7 days, paid back if you are out more than 14 days | NY Workers' Compensation Board, Lost Wage Benefits (WCL 12) |
| Tell your employer | within 30 days of the accident (losing rights is possible after 30 days) | NY Workers' Compensation Board, File a Claim (WCL 18, 28) |
| File your claim | Form C-3 with the Board within 2 years of the accident, or within 2 years after the employee knew (or should have known) of a disease or condition due to the nature of the employment | NY Workers' Compensation Board, File a Claim (WCL 18, 28) |
What a settlement adds or takes away
The chart is the statute's payment for a permanent injury. A lump-sum settlement can differ: it may also close out future medical care or wage loss, and the insurer and the judge must agree. A workers' comp lawyer in New York can tell you what your rating is likely to be.
Questions
How much is a thumb worth in New York workers' comp?
75 weeks of benefits for total loss or loss of use, up to $96,113 at the $1,282 weekly maximum. A partial loss pays the same share of the weeks.
What is the maximum workers' comp benefit in New York?
$1,282 a week for injuries from 2026-07-01 to 2027-06-30 (resets each July 1).
How long do I have to file a workers' comp claim in New York?
Form C-3 with the Board within 2 years of the accident, or within 2 years after the employee knew (or should have known) of a disease or condition due to the nature of the employment.
Sources
- Schedule (WCL 15(3)(a)-(m)): www.nysenate.gov/legislation/laws/WKC/15
3. Permanent partial disability. In case of disability partial in character but permanent in quality the compensation shall be sixty-six and two-thirds per centum of the average weekly wages and shall be paid to the employee for the period named in this subdivision, as follows: Number of Member lost weeks' compensation a. Arm ............................................................. 312 b. Leg ............................................................. 288 c. Hand ............................................................ 244 d. Foot ....................................................…
- Weekly maximum (NY Workers' Compensation Board, Schedule of Maximum Weekly Benefit; WCL 15(6)): www.wcb.ny.gov/content/main/Workers/ScheduleMaxWeeklyBenefit.jsp
July 1, 2026 - June 30, 2027 $1,281.50 $384.45 (1/5 of the New York State Average Weekly Wage or actual wages if less than that)
- Permanent partial rate (WCL 15(3)): www.nysenate.gov/legislation/laws/WKC/15
3. Permanent partial disability. In case of disability partial in character but permanent in quality the compensation shall be sixty-six and two-thirds per centum of the average weekly wages and shall be paid to the employee for the period named in this subdivision, as follows:
- Temporary disability rate (NY Workers' Compensation Board, Lost Wage Benefits; WCL 15): www.wcb.ny.gov/content/main/Workers/LostWageBenefits.jsp
Sample calculation of weekly benefit 2/3 × (average weekly wage) × (% of disability based on medical evidence) = weekly benefit
- Deadlines (NY Workers' Compensation Board, File a Claim (WCL 18, 28)): www.wcb.ny.gov/content/main/Workers/file-claim.jsp
You must notify your employer within 30 days , but it is best to do so as soon as possible. ... Form C-3 must be filed within two years of the accident or within two years after you knew (or should have known) that you contracted a disease or condition due to the nature of your employment.
Read October 2, 2026. Laws and fees change; the linked page is the authority.