Whether you’ve fully recovered or are dealing with a permanent injury, there are a few typical paths your case might take. In this post, we’ll break down the different ways workers’ compensation cases can come to an end, so you can better understand what’s ahead and make informed decisions along the way.
One of the simplest ways a workers’ compensation case can end is when you’ve fully recovered from your injury. In this scenario, you’ve received the benefits you were entitled to, such as payments for lost wages, and there’s no need for ongoing medical treatment. If there’s no permanent disability and you’re back to your normal activities, the case may just naturally close on its own.
In some cases, particularly in New York, the Workers' Compensation Board might still push for a final review to confirm there’s no permanent disability before officially closing the case. This process helps bring a sense of closure and ensures everything is finalized properly. It’s not because there’s an issue with your claim—it’s simply a step towards wrapping things up so you can move forward without any loose ends.
If your injury results in a permanent disability to a specific body part like an arm, leg, hand, or foot, you may be eligible for a Schedule Loss of Use (SLU) award. This type of settlement is designed to compensate you for the lasting impact of the injury, even if you’re able to return to work.
The extent of your disability is measured as a percentage of loss of use for the affected body part. This percentage is determined by a medical evaluation and then matched against a standardized chart that assigns a value to each body part. The payout is typically made as a lump sum, giving you the entire amount at once rather than spreading it out over time.
Not all injuries fall under the category of extremity injuries covered by Schedule Loss of Use (SLU) awards. If you’ve suffered an injury to a core body part—such as your head, neck, back, or internal organs—you may be eligible for a Non-Schedule Loss of Use (NSLU) award. These types of injuries don’t fit neatly into a predefined chart like SLU awards, so compensation is based on your overall loss of wage-earning capacity (LWEC).
LWEC represents how much your injury affects your ability to work and earn a living. Unlike SLU awards, which are often paid out as a lump sum, NSLU awards typically come in the form of biweekly checks, similar to the way you received payments for lost wages before your injury was determined to be permanent.
One of the most common ways to settle a workers’ compensation case is through a Section 32 settlement. This type of settlement offers a full and final resolution of the case in exchange for a one-time lump sum payment. Instead of receiving ongoing biweekly checks, you get a single payment, and the case is closed for good.
Section 32 settlements are very flexible, allowing both parties to negotiate the terms. The settlement can cover everything, including both indemnity (lost wages) and medical benefits, or it can be limited to indemnity only, leaving your medical benefits open if that’s part of the agreement.
The most common type of Section 32 Settlements is a full and final settlement, where both the indemnity and medical benefits are resolved with one lump sum payment. However, in some situations, you might choose an indemnity-only Section 32 settlement, where you settle the financial compensation but leave the medical portion of your case open.
While you might prefer keeping your medical benefits open, insurance companies generally want full closure. It’s not always easy to negotiate an indemnity-only settlement, but it can be done if both parties agree.
If you’ve made a full recovery, the ideal scenario is that your employer held your job for you, and you can return to work at your previous pay rate. However, if you have a permanent injury that limits what you can physically do, you may have to return with certain restrictions. This is where light-duty work comes in, where your employer offers you a modified role.
If your new role pays less than before, you could be eligible for reduced earnings benefits to help cover the difference in income. In some cases, there may be no suitable job available, in which case your workers’ compensation claim can continue to support you.
If your employer can’t offer a job that meets your restrictions, you might be eligible for vocational rehabilitation services. These programs can help you learn new skills or find a job that accommodates your injury. Another option is to apply for reduced earnings benefits if your new job pays less than your pre-injury wage.
You could also potentially collect unemployment. Now, you got to be very careful here. And if you have a lawyer, discuss this with your lawyer. If you are ready, willing and able to return to work, but your job is no longer available with your employer, you might be able to collect unemployment insurance, if you're unable to find other work.
If your condition worsens, you can request to reopen your case. However, there are time limits: up to seven years from the injury date if there was no award, and up to 18 years from the injury date if you did receive an award. If you settled your case with a full Section 32 agreement, reopening is unlikely.
If you experience a new accident or injury, you may be able to file a new claim, even if it affects the same body part as a previous injury. Don’t assume that ongoing pain is just a worsening of your old injury—treat new incidents as separate events that may qualify for their own compensation.
I know that dealing with a workers’ compensation claim can be overwhelming—there are a lot of moving parts, and it’s not always easy to understand your options. If you have questions or need some guidance, I’m here to help. 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!
