So what’s the difference between a smaller payout and a big one? Is there anything you can do to boost your settlement? And could you be leaving thousands on the table without even realizing it?
Let’s break it all down and get you the answers you need.
How much you make has a big impact on the size of your settlement. It’s used to figure out things like lost wages, future earning potential, disability benefits, and even job retraining.
In New York, they calculate your income by taking your total gross pay from the year before your injury and dividing it by 52 weeks—that gives them your average weekly wage, which plays a big role in what your case is worth.
Make sure everything your job pays you is included—tips, overtime, profit sharing, sick pay, room and board, the whole deal. Double-check how the insurance company came up with your number, too. Even a small mistake in this calculation can cost you thousands in your final settlement. So it’s worth getting it right.
Permanent disability benefits usually make up the biggest chunk of your workers' comp settlement, so your disability rating really matters. If your injury leads to a lasting disability, your doctor will examine you and give a rating based on how much function you’ve lost in the affected body part. That rating helps decide how much you’re owed in permanent disability benefits.
If your doctor gives you a low rating, your settlement’s going to be lower—so it’s super important to see a doctor who knows how your state’s workers' comp system works. The insurance company will probably send you to their doctor too, just to get their own take.
Once both sides have medical opinions, the insurance company will likely throw out a lowball offer to start. That’s when good negotiation really comes into play.
Believe it or not, the state you’re in has a huge impact on how much you can get in a workers’ comp settlement. Each state sets its own limits on how much you can get per week and how long those benefits last.
Take Iowa, for example—they’ve got one of the highest max weekly payments at over $2,000, which means settlements there tend to be bigger. On the flip side, states like Mississippi cap weekly payments at under $600, so settlements end up being a lot smaller.
Knowing your state’s limits can help you set realistic expectations about what your case might be worth.
If the insurance company is fighting your case, it can make it harder to land a big settlement. They might still throw out an offer just to avoid the hassle and cost of going to trial—but don’t be surprised if it’s on the low side.
That said, if you’ve got solid evidence and a strong case, sticking with the fight or filing an appeal can really pay off. On average, workers who appeal end up with about $25,000, while those who take the first offer get closer to $19,000. That’s a 34% difference—so if you’ve got a case, it might be worth pushing forward.
If you’ve got some leverage, you’re in a much better spot to push for a bigger settlement. Anytime the insurance company wants something from you, that’s your chance to negotiate for more money.
Maybe they don’t want your case setting a precedent, or they’d rather keep things quiet and out of the spotlight. Sometimes, they just want to wrap things up quickly. In those situations, they might offer a solid settlement even without officially admitting fault—especially if it helps them avoid a long, drawn-out fight.
Knowing when you’ve got the upper hand can make a big difference.
Insurance companies almost always start with a lowball offer—it’s just what they do. If you take that first offer, you’re probably leaving money on the table. On average, folks who accept it get around $10,700. But those who push back and negotiate? They walk away with closer to $26,300—that’s a 150% boost.
So yeah, it definitely pays to negotiate. Learning how to handle those back-and-forths can make a huge difference in your final settlement.
Bringing in a workers' comp lawyer can seriously boost your settlement. About a third of injured workers try to handle it on their own and end up with an average of $18,000. But those who hire a lawyer? They typically get around $23,500—almost 30% more.
Why the difference? Because workers’ comp lawyers know how to play the game. They’re pros at figuring out what your case is really worth and getting the insurance company to pay up.
If you or a loved one have been injured on the job in New York State, setting up a free consultation with an experienced lawyer can help you understand your case's strength and potential value. Feel free to give me, Rex Zachofsky, a call at 212-406-8989.
If this is your first time seeking information on worker's compensation, subscribing to my channel or resources that provide up-to-date information on filing and maximizing claims is beneficial. This can be your one-stop-shop for everything you need to know about successfully filing and maximizing your claim.
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