Workers' Comp Settlements in New York

A claim can be settled with a Section 32 waiver agreement, in which the parties agree on the compensation and other benefits owed. The agreement must be submitted to the Workers' Compensation Board and cannot be approved until 10 calendar days after submission. It may be approved by the Board Chair or designee, a Board member, or a Workers' Compensation Law Judge, and the Board must approve it unless it finds it unfair, unconscionable, improper as a matter of law, or the result of an intentional misrepresentation of a material fact. A hearing is scheduled unless all parties (other than minors and unrepresented claimants) request a desk review or the agreement settles only indemnity (cash) benefits. Agreements may settle medical benefits too; they must state the amount or percentage for medical care and include an allocation for future medical expenses when future treatment is expected. A Board decision approving the agreement is not subject to the usual Board review, though it may be modified later if all interested parties agree and the Board approves.

Temporary total disability and permanent total disability benefits are paid for as long as the total disability continues (temporary benefits subject to other provisions of the law). For a permanent partial disability that is not a schedule loss (for example, back injuries), benefits for accidents on or after March 13, 2007 are capped at a maximum number of weeks based on the worker's loss of wage-earning capacity, ranging from 225 weeks (loss of 15% or less) to 525 weeks (loss greater than 95%); for accidents before March 13, 2007, they are payable as long as the partial disability exists and causes wage loss. A schedule loss of use award (for example, an arm, leg, hand or eye) is limited to a number of weeks set by law for the body part and severity, minus temporary benefits already paid.

In New York workers' compensation cases, hiring an attorney or licensed representative is optional. All fees for attorneys and licensed representatives are set by the Workers' Compensation Board and are deducted from lost-wage awards; you should never pay an attorney or representative directly. Free help: the Board's Office of the Advocate for Injured Workers helps workers who have difficulty getting benefits and holds free monthly webinars ((877) 632-4996, AdvInjWkr@wcb.ny.gov), and free legal help is available in medical-only cases through the Injured Workers Legal Assistance Project.