How Much Is a Workers' Comp Settlement for Multiple Injuries in NY?

Workplace accidents can result in serious injuries affecting multiple body parts, leaving injured workers facing significant medical expenses, lost wages, and uncertain futures. When you've suffered multiple injuries on the job in New York, determining fair compensation becomes particularly complex.

If you're dealing with more than one injury, our NY workplace accident attorneys will explain potential settlement amounts and factors that influence your workers' compensation case.

What Are Workers' Comp Multiple Injury Settlement Amounts?

According to National Safety Council data, workers' compensation claims involving multiple body parts averaged $71,645 per claim for injuries occurring in 2021-2022. Your specific case value depends on the severity of injuries, affected body parts, and individual circumstances.

Workers' compensation settlements in New York are determined by the classification of the injury and based upon formulas. For instance, with a Temporary Partial Disability classification, benefits are calculated using the formula: 2/3 x average weekly wage x percentage of disability. When dealing with multiple injuries, if the injuries are deemed permanent, each injured body part may have its own impairment rating, which can substantially increase your total compensation, up to the maximum limit set by law.

Key Factors That Determine Multiple Injury Settlement Amounts

Each element of your case, from the severity of your injuries to your lost wages, contributes to the total value of your claim.

Severity and Location of Injuries

The specific body parts affected significantly impact your workers' comp settlement value. For example, head and spine injuries could be worth $100,000 while foot and ankle injuries might settle for about $30,000. When you've suffered multiple injuries, each affected area contributes to your overall settlement calculation.

In New York, injuries are categorized as either scheduled or non-scheduled losses:

• Scheduled injuries affect specific body parts like arms, legs, hands, feet, fingers, toes, eyes, or hearing.
• Non-scheduled injuries involve the head, neck, back, lungs, heart, or internal organs.

Several factors influence how settlements are calculated. The workers’ comp statute details that specific body parts have a set number of compensable weeks. This determines how many long, or how many weeks, are to be paid out.

If an injured worker has a serious, long-lasting injury, eventually a doctor will determine that the worker is at Maximum Medical Improvement (MMI), meaning that no further recovery is expected. Usually, once this is determined, serious settlement negotiations begin.

An injured worker’s age and the type of job they do are also factors in determining settlement amounts. Younger workers or those in labor-intensive jobs may receive higher settlements due to long-term impact. For example, using the above formulas, a worker with a 25% left arm impairment rating and an average weekly wage (AWW) of $600 qualifies for 78 weeks of compensation (312 weeks for total loss of use x 25% partial disability = 78 weeks). In this case, the employee would be entitled to a settlement of approximately $50,000, but the final payout may vary based on ongoing medical expenses and the experience and negotiating skills of the worker’s attorney.

Medical Expenses and Treatment Costs

Your workers' compensation claim must account for all medical costs related to your injuries, including:

• Emergency room treatment and hospitalization
• Multiple surgeries and surgical procedures, like lumbar fusion surgery or knee replacement
• Ongoing medical care from various specialists
• Physical therapy and rehabilitation
• Medical equipment and devices
• Prescription medications
• Future medical expenses for ongoing treatment

When you've required multiple surgeries or treatment for separate injuries, these medical costs can quickly accumulate, significantly increasing your settlement value.

Lost Wages and Future Earning Capacity

Workers' compensation benefits replace a portion of your pre-injury wage while you recover. For injured workers dealing with multiple body parts affected by workplace accidents, the time away from work is often extended, resulting in:

• Higher lost wage calculations
• Reduced ability to perform previous job duties
• Need for vocational retraining or job placement assistance
• Permanent reduction in earning capacity

Impairment Rating for Each Injury

Medical professionals assess the percentage of function lost in each injured body part. When dealing with multiple injuries, you may receive separate impairment ratings for different body parts. For instance, you might have a 20% impairment rating for a neck injury and a 15% rating for a knee injury, both contributing to your overall disability payments.

Maximum Medical Improvement Status

Your settlement negotiations typically intensify once you've reached maximum medical improvement (MMI), meaning your condition has stabilized and further improvement is unlikely. The MMI classification usually happens two years after the work injury, assuming the worker is still suffering from a disability and/or still receiving treatment. At this point, insurance companies and experienced attorneys can better assess the full scope of your injuries and calculate appropriate compensation for permanent disabilities.

Types of Workers' Compensation Settlement Options

Once the value of your claim has been assessed, you and your attorney can explore various settlement options. These agreements offer different ways to receive your compensation and conclude your case.

Schedule Loss of Use Awards

If your multiple injuries result in permanent loss of function in specific body parts, you may be eligible for a Schedule Loss of Use (SLU) award. These awards are calculated based on your average weekly wage and the percentage of function lost in the affected body part.

Section 32 Waiver Agreements

A Section 32 Waiver Agreement is a negotiated lump sum settlement that ends your right to ongoing benefits in exchange for a one-time payment. This type of settlement can be particularly attractive for workers with multiple injuries because:

• It provides immediate access to funds for medical care and living expenses.
• It eliminates ongoing disputes with insurance companies.
• It allows injured workers to move forward without continued involvement in the workers' compensation system.

However, Section 32 agreements are permanent and cannot be reopened if your condition worsens or if you discover additional problems related to your workplace injury.

Stipulation Agreements

These partial settlements allow you to resolve certain aspects of your claim while keeping other benefits active. For example, you might settle wage replacement benefits while maintaining ongoing medical coverage.

How Insurance Companies Approach Multiple Injury Claims

Insurance companies often prefer to settle multiple injury claims because:

• Extended treatment periods increase their long-term costs.
• Multiple body parts requiring ongoing care create unpredictable future expenses.
• Complex cases involving experienced workers' compensation attorneys often result in higher awards at hearings.

Insurance companies typically offer settlements when they believe doing so will limit their total payout, especially for cases requiring long recovery periods or extensive medical care.

Additional Benefits Available to Injured Workers

Beyond wage replacement and medical coverage, New York workers' compensation may provide:

• Vocational rehabilitation services for workers unable to return to their previous jobs.
• Mileage reimbursement for medical appointments.
• Death benefits and funeral expenses for surviving family members.
• Disability payments for permanent impairments.

Fair Compensation Starts with Fellows Hymowitz Rice

Multiple injury workers' compensation cases in New York can be complex, but with proper legal representation, injured workers can secure fair compensation for their extensive medical costs, lost wages, and permanent disabilities. If you've suffered multiple injuries in a workplace accident, contact us for a free case review today.