If you were hurt at work in New York and your injury left you with long-term limitations, a disability rating will heavily affect what you receive. Your disability classification and degree of impairment can affect how much you receive in weekly benefits and how long payments continue. They may also influence the value of a potential workers’ compensation settlement.
What Is a Disability Rating?
A disability rating is a numerical score that shows how much your work injury limits your ability to earn a paycheck. The New York State Workers’ Compensation Board uses it to calculate the payments you are owed after a work injury.
Ratings fall into two main groups:
- Temporary disabilities, which should improve over time
- Permanent disabilities, which continue after you reach maximum medical improvement.
Your treating doctor evaluates your condition and provides medical opinions about your degree of disability. The insurance carrier may request an independent medical examination (IME). If the medical opinions conflict, a Workers’ Compensation Law Judge may resolve the dispute.
The Four Types of Disability Ratings
New York recognizes four primary disability categories under New York Workers’ Compensation Law § 15:
- Temporary Total Disability (TTD): You cannot work at all while recovering. Benefits equal two-thirds of your average weekly wage, up to the state limit, until you return to work or reach maximum medical improvement.
- Temporary Partial Disability (TPD): You can perform some work but remain partially disabled. Benefits depend on your disability percentage, wages, and applicable compensation limits.
- Permanent Partial Disability (PPD): You have a lasting impairment but are not permanently totally disabled. Benefits may take the form of a schedule loss of use award or a non-schedule classification.
- Permanent Total Disability (PTD): You cannot return to any paid job. PTD benefits can last for the rest of your life.
The rating type influences how long payments last and if you can receive them as a single payout.
Schedule Loss of Use vs. Non-Schedule Awards
Permanent partial disability cases involve two categories. A schedule loss of use (SLU) award applies when an injury impacts an arm, leg, hand, foot, finger, toe, eye, or ear.
The Workers’ Compensation Board assigns a maximum number of weeks to each covered body part. That number is multiplied by the percentage of permanent loss. For example, an arm has a maximum of 312 weeks, so a 25% loss equals 78 compensable weeks. The weekly compensation rate is then used to calculate the award.
Non-schedule awards generally cover permanent injuries to areas such as the back, neck, or internal organs. The degree of lost wage-earning capacity helps determine the maximum number of benefit weeks, while the weekly payment depends on the applicable compensation rules and the worker’s circumstances.
How Ratings Affect Settlements
Most workers’ compensation settlements happen under NY Workers’ Compensation Law § 32. Your rating is a key factor in settlement value. Disagreements over disability ratings can affect settlement negotiations, particularly when an insurance carrier’s medical examiner assigns a lower degree of disability than the treating doctor.
Challenging a low IME often requires additional medical proof, formal testimony, and expert medical reviews.
Contact the Woodbury Workers’ Compensation Attorneys at Fusco, Brandenstein & Rada, P.C. for Help Today
A Long Island workers’ compensation attorney can help you challenge low ratings. A Long Island workers’ compensation attorney can review medical evidence, challenge an inaccurate disability rating, and represent you in proceedings before the Workers’ Compensation Board.
If you were injured on the job and worry about your disability rating, Fusco, Brandenstein & Rada, P.C. is ready to assist you. Call today for a free consultation with a Woodbury workers’ compensation lawyer to discuss your claim.
We proudly serve clients throughout New York City, Long Island, and Westchester County.
Fusco, Brandenstein & Rada, P.C.
180 Froehlich Farm Blvd Suite 1, Woodbury, NY 11797
516-496-0400