When a workplace accident causes a serious or life-altering injury, the impact can be physically painful, emotionally draining, and financially stressful. To support injured workers, New York State has a detailed workers' compensation system that offers medical treatment and wage replacement while they recover. But for many victims, dealing with the claims process while trying to heal can feel overwhelming.
Injured In A Construction Accident In New York?
CONTACT USOur Recent Case Results
Settlement
Jury Verdict
Settlement
Settlement
If you’re a construction worker or any employee who has suffered a serious injury on the job, it’s important to understand your rights. New York's workers' compensation laws classify injuries based on how severe and permanent they are, and how much they affect your ability to earn a living. Different levels of compensation are available depending on these factors.
While workers’ compensation is meant to protect employees, getting the full benefits you deserve isn’t always easy, especially with severe or long-term injuries. In many cases, working with an experienced attorney can make a big difference in securing proper compensation and care.
Why Choose The Porter Law Group for New York Workers' Compensation Cases
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to choose the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that delivers superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Classification of Severe Injuries Under New York Law
New York workers' compensation law classifies severe injuries into several types of disability, each with its own eligibility rules and compensation structures. Knowing how your injury is categorized is key to understanding the benefits you may be entitled to receive.
Permanent Total Disability
Permanent total disability is the most serious classification. These devastating injuries completely prevent a person from doing any type of work. Under New York law certain catastrophic injuries are considered as presumptive permanent total disabilities, including:
- Loss of both hands or both arms
- Loss of both feet or both legs
- Loss of vision in both eyes (complete blindness)
- Loss of any two of these body parts in combination
Workers with permanent total disabilities are entitled to 66⅔% of their average weekly wage for as long as the disability lasts—potentially for life.
At the Porter Law Group, we understand the life-altering impact of these injuries and work tirelessly to ensure our clients receive the maximum benefits they deserve, including ongoing medical care and wage replacement.
Permanent Partial Disability
Permanent partial disabilities refers to injuries that permanently reduce a worker's earning capacity but don't completely prevent employment. This classification falls into two main types:
Schedule Loss of Use (SLU) Awards
SLU awards compensate workers for permanent functional impairment to specific body parts, including:
- Arms (shoulder, elbow)
- Hands (wrist, forearm)
- Fingers and thumbs
- Legs (hip, knee)
- Feet (ankle)
- Toes
- Eyes (vision loss)
- Ears (hearing loss)
Each body part is assigned a maximum number of weeks of compensation, with the actual benefit calculated based on the percentage of function lost. For example, an arm is worth 312 weeks of benefits, so a 25% loss of function would result in 78 weeks of benefits.
Non-Schedule Permanent Partial Disability
Non-schedule awards cover permanent injuries to body systems not included in the SLU schedule, such as:
- Spine
- Pelvis
- Lungs
- Heart
- Brain
For injuries after March 13, 2007, compensation is based on your percentage of lost wage-earning capacity.The benefit period varies by severity—ranging from 225 weeks for a loss of 15% or less, to 525 weeks for a loss greater than 95%.
Facial Disfigurement and Catastrophic Injuries
New York workers' compensation system provides specific monetary benefits for severe facial disfigurement caused by a workplace injury. If a worker sustains visible and permanent disfigurement to the face, head, or neck, they may be eligible to receive up to $20,000, depending on the severity and impact of the injury.
Although the law does not formally define “catastrophic injuries,” these typically include serious, life-changing conditions such as:
- Traumatic brain injuries
- Spinal cord injuries that cause paralysis
- Severe burns
- Multiple limb amputations
- Blindness
These injuries often qualify a worker for permanent total disability benefits, or high-percentage permanent partial disability benefits, depending on how significantly they affect earning ability.
At the Porter Law Group, we have years of experience representing clients with catastrophic injuries, ensuring they receive comprehensive compensation that accounts for both current and future needs.
Temporary Disability Benefits for Severe Injuries
While healing from a serious injury, workers may qualify for temporary disability benefits to help replace lost wages during recovery. These temporary benefits are designed to provide financial support until you’re medically cleared or re-evaluated for permanent benefits.
Temporary Total Disability
If you’re completely unable to work while recovering, you may receive 66⅔% of your average weekly wage. While there is a seven-day waiting period, if your disability lasts more than 14 days, benefits are paid retroactively from the first day.
Temporary Partial Disability
If you can return to work in a limited capacity but earn less than before, you may receive 66⅔% of the difference between your pre-injury wages and your current earnings.
Maximum Medical Improvement and Benefit Calculation
One of the most important concepts in evaluating a severe workplace injury is Maximum Medical Improvement (MMI). This marks the point when a doctor determines that you’ve recovered as much as you’re likely to with medical treatment, and any remaining symptoms or limitations are considered permanent.
In non-surgical cases, MMI cannot be declared until six months after the injury date, unless all parties involved agree otherwise.
For all categories of severe injuries, weekly compensation is generally calculated at 66⅔% of your average weekly wage, subject to New York’s maximum and minimum limits.
As of 2025:
- The minimum weekly benefit is $325
- After July 1, 2026, this minimum will increase to one-fifth of the state’s average weekly wage
- The maximum benefit is capped at two-thirds of the state average weekly wage
For workers with permanent injuries—particularly those receiving a Schedule Loss of Use (SLU) award—a lump sum payment may be requested, after subtracting any temporary benefits already paid.
At the Porter Law Group, we work closely with our clients to ensure that all benefits are calculated accurately and delivered without unnecessary delay. You shouldn’t have to fight alone to receive what you’re legally entitled to.
Why Legal Representation Is Essential
While the workers' compensation system is designed to provide benefits automatically, the reality is that severe injury claims often face challenges from employers and insurance companies seeking to minimize payouts. Common issues include:
- Disputes over injury severity: Insurance companies may argue that your injuries are less severe than they actually are.
- Premature determination of MMI: You may be pushed to return to work before you've fully recovered.
- Inadequate disability ratings: Lower disability ratings result in lower compensation.
- Denied medical treatments: Insurance companies may refuse to cover necessary treatments.
- Challenges to the work-related nature of injuries: Employers may claim your injuries occurred outside of work.
At the Porter Law Group, we understand how these tactics can delay or deny the support you need. Our experienced attorneys work closely with medical professionals to document the true impact of your injuries—on your body, your work, and your future. We build strong, evidence-backed cases to help you recover the compensation you’re entitled to.
Filing Requirements and Deadlines
To receive workers’ compensation benefits, you must follow strict filing rules. Injured workers must:
- Notify their employer right away
- Submit Form C-3 within two years of the accident or within two years of learning about an occupational illness
For serious injuries, medical documentation is critical especially when it comes to proving Maximum Medical Improvement (MMI) and your permanent impairment rating. Once MMI is reached, a treating physician must submit a detailed report outlining your permanent limitations using the New York State Workers’ Compensation Board's impairment guidelines.
Missing deadlines or submitting incorrect forms can seriously affect your claim. The Porter Law Group ensures everything is handled properly and on time, protecting your right to receive the full benefits allowed under the law.
Medical Care for Severe Injuries
Workers with severe injuries are entitled to all necessary medical care related to their condition. For those classified with permanent partial disabilities who reach their maximum benefit weeks, there is a presumption that medical services will continue. The burden of proof falls on the carrier or employer to discontinue such services through application to the Board.
At the Porter Law Group, we fight to ensure you receive all necessary medical treatments, including specialized care, rehabilitation services, and assistive devices. We understand that proper medical care is essential for your recovery and future quality of life.
Contact A New York Construction Accident Lawyer
If you've suffered a severe injury in a workplace accident in New York, don't face the complex workers' compensation system alone. The Porter Law Group offers the experienced legal representation you need to secure the full compensation you deserve. We work on a contingency fee basis, meaning there are no upfront costs to you, and we only collect fees if we win your case.
Take the first step toward protecting your rights and securing your future by contacting us today. Call 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation. Our team of dedicated attorneys is ready to fight for your rights and help you navigate the challenging road to recovery after a severe workplace injury. Don't settle for less than you deserve – let The Porter Law Group put our expertise and proven track record to work for you.
