So, your workers’ comp case is nearing the end—what happens next? Learn how most cases wrap up, what happens with your benefits, and what options you have if your situation changes!
One of the easiest ways a workers’ comp case can wrap up is when you’ve fully recovered from your injury. In this situation, you’ve gotten the benefits you were owed, like payments for lost wages, and you don’t need any more medical treatment. If you don’t have a permanent disability and you’re back to your usual routine, the case might just close naturally on its own.
That said, in some cases—especially in New York—the Workers' Compensation Board might still want to do a final review to make sure there’s no lasting disability before officially closing things out. It’s just part of making sure everything’s squared away and properly finalized. It doesn’t mean there’s a problem with your claim—it’s just a step to tie up any loose ends so you can move forward.
If your injury leaves you with a permanent disability in a specific body part—like an arm, leg, hand, or foot—you might qualify for a Schedule Loss of Use (SLU) award. This kind of settlement is meant to make up for the lasting effects of your injury, even if you’re able to get back to work.
The level of your disability is measured as a percentage of how much function you’ve lost in that body part. A doctor evaluates you, and that percentage is compared to a standard chart that assigns a value to each body part. Usually, the payout comes as a lump sum, so you get the full amount all at once instead of in smaller payments over time.
Not all injuries are considered extremity injuries that qualify for Schedule Loss of Use (SLU) awards. If you’ve injured a core part of your body—like your head, neck, back, or internal organs—you might qualify for a Non-Schedule Loss of Use (NSLU) award instead. These injuries don’t follow a strict chart like SLU awards, so your compensation is based on how much your injury impacts your overall ability to work and earn money, known as your loss of wage-earning capacity (LWEC).
LWEC measures how your injury affects your earning potential. Unlike SLU awards, which are usually paid out in one lump sum, NSLU awards are typically paid through biweekly checks, similar to the lost wage payments you might have gotten before your injury was considered permanent.
A Section 32 settlement is one of the most common ways to wrap up a workers’ comp case. It’s a full and final deal where you get a one-time lump sum payment instead of ongoing biweekly checks, and the case is closed for good.
These settlements are pretty flexible, so you and the insurance company can negotiate the terms. The agreement can cover everything—lost wages (indemnity) and medical benefits—or it can just handle indemnity, leaving your medical benefits open if that’s what you agree on.
The most common type of Section 32 settlement is a full and final deal, where both indemnity and medical benefits are included in the lump sum payment. But sometimes, you might opt for an indemnity-only settlement. In this case, you settle the financial part but keep the medical side of your case open.
While keeping your medical benefits open might sound like a good idea, insurance companies usually push for full closure. Negotiating an indemnity-only settlement isn’t always easy, but it’s possible if both sides can agree.
If you’ve fully recovered, the best-case scenario is that your employer has saved your job, and you can go back to work at your old pay rate. But if you’ve got a permanent injury that limits what you can do physically, you might need to return with some restrictions. That’s where light-duty work comes in—your employer gives you a modified role that fits your abilities.
If this new job pays less than what you used to make, you might qualify for reduced earnings benefits to help make up the difference. In some situations, though, there might not be a job that works for you, and in that case, your workers’ comp claim can keep supporting you.
If your employer doesn’t have a job that fits your restrictions, you might be able to get help through vocational rehab. These programs are designed to help you pick up new skills or find a job that works with your injury. Another option is applying for reduced earnings benefits if your new job pays less than what you made before your injury.
You could also think about applying for unemployment, but you’ve got to tread carefully here. If you have a lawyer, it’s a good idea to talk it over with them first. If you’re ready, willing, and able to work, but your old job isn’t available and you can’t find another one, you might qualify for unemployment insurance. Just make sure everything’s squared away before you go that route.
If your condition gets worse, you can ask to reopen your case, but there are deadlines: up to seven years from the date of the injury if you didn’t get an award, and up to eighteen years if you did. If you settled your case with a full Section 32 agreement, though, reopening it probably isn’t an option.
If you end up having a new accident or injury, you might be able to file a new claim, even if it’s for the same body part as before. Don’t just assume ongoing pain is tied to your old injury—if something new happens, treat it as a separate event that could qualify for its own compensation.
Whether you’re just starting your case, dealing with a tricky settlement, or wondering what to do next, you don’t have to go through it alone.
Feel free to give me, Rex Zachofsky, a call at 212-406-8989. We can chat about your situation, go over your options, and figure out the best path forward together. No pressure, just straightforward advice to help you get the compensation you deserve. Looking forward to hearing from you!
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