Serious workers' compensation claims may be resolved as follows:
Scheduled vs. Nonscheduled Injuries
The WCB places a value on the loss of use of certain body parts resulting from work-related injury or illness, referred to as scheduled award. All other claims are non-scheduled injuries.
Schedule Loss of Use Award
If there is a loss of use of an eye, arm, hand, finger, leg, foot or toe, NYSIF may seek to close the case on a scheduled award. A claimant can receive a schedule loss of use award after returning to gainful employment.
What is Classification?
The WCB classifies cases with a continuing impairment resulting in a disability.
There are four types of classification:
- Permanent Total Disability-
- Claimant cannot return to gainful employment due to work-related injury or illness.
- Permanent Partial Disability-
- Claimant has a permanent reduction in earning capacity due to the work-related injury.
- Statutory Permanent Total-
- Claimant has loss of both hands, both arms, both feet, both legs, or any two of these.
- Industrial Total Disability-
- Claimant is unable to return to the type of work and industry in which the claimant was employed at the time of injury or illness, and is incapable of being retrained for any other type of employment.
Section 32 Settlements
Section 32 settlements allow for complete and final resolution of a workers’ compensation claim, which cannot be reopened, appealed or modified without mutual consent of all parties.
See Benefit Payments for more information.