How much is a big toe injury worth in New York workers' comp?
In New York, a big toe injury is worth up to $48,697 for total loss (38 weeks, at the $1,281.50 weekly maximum). With 25% loss of use and a $1,200 weekly wage, the award is about $7,600. That is the statutory award for the permanent injury; medical care and benefits while you are off work are paid separately.
How a big toe injury is paid in New York
Each week is paid at 66.67% of your average weekly wage, up to $1,281.50 a week, with a minimum of $384.45 a week (or your full wage if it is lower).
If your doctor rates a partial loss of use, the award is generally that percentage of the scheduled weeks. A 25% rating works out to 9.5 weeks.
What is different in New York
New York splits permanent partial disability into schedule loss of use awards (arms, legs, hands, feet, eyes, hearing) and non-schedule awards (back, neck, etc.), which pay on reduced wage-earning capacity for a capped number of weeks set by the degree of loss.
Worked examples
| Rating | $800 weekly wage | $1,200 weekly wage | $1,600 weekly wage |
|---|---|---|---|
| 10% loss of use | $2,026.67 | $3,040 | $4,053.33 |
| 25% loss of use | $5,066.67 | $7,600 | $10,133.33 |
| 50% loss of use | $10,133.33 | $15,200 | $20,266.67 |
| 100% loss of use | $20,266.67 | $30,400 | $40,533.33 |
Calculate your big toe award
Compare only the same benefit component on the same gross basis. If an offer includes medical care, temporary benefits or other rights, do not enter it here. The balance subtracts payments for this same benefit only, not fees or other offsets.
The result is the statutory permanent award only. Medical care, temporary benefits and fees are not included. Use the exact rating from the medical report: a body-part rating and a whole-person rating are not interchangeable.
Big-toe injuries: use the correct toe category
Confirm that the report concerns the great toe and identifies any amputation level or partial loss of use. The rule for other toes may differ. Keep findings about balance, push-off when walking and footwear restrictions, and verify the rating unit before using a percentage.
Settlement value vs. the statutory award
The statutory benefit described here and a settlement value are different figures. Request an itemized proposal identifying the benefits included, amounts already paid, deductions, future medical treatment and rights being resolved. Which benefits can be settled and what approval is required depend on state rules. This page does not calculate future medical costs or predict a negotiated outcome.
New York vs. neighboring states
| State | How a big toe injury is paid | Max for total loss |
|---|---|---|
| New York | 38 weeks | $48,697 |
| Connecticut | 28 weeks | $32,900 |
| Massachusetts | impairment rating (see rule) | — |
| New Jersey | 40 weeks | — |
| Pennsylvania | 40 weeks | $55,760 |
| Vermont | whole-person % × 405 weeks | $77,517 at a 10% rating |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in New York
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $1,281.50 (2026-07-01 to 2027-06-30) |
| Minimum weekly benefit | $384.45 (1/5 of NYSAWW) for 2026-07-01 to 2027-06-30; full wages if wages below minimum |
| Waiting period | 7 days |
| Waiting days paid back after | 14 days of disability |
| Time limit on temporary benefits | No fixed week limit in statute |
Estimate your weekly check
Assumes temporary total disability and no post-injury work earnings. It does not calculate partial disability, retroactive payments, offsets or special low-wage rules. Confirm the injury date and the insurer's wage calculation.
Frequently asked questions
How much is a big toe injury worth in New York workers' comp?
New York sets 38 weeks for total loss, up to $48,697 at the top weekly rate. A partial loss is paid in proportion to your doctor's rating: with 25% loss of use and a $1,200 weekly wage, about $7,600.
What is the average workers' comp settlement for a big toe injury in New York?
New York does not publish an official average settlement. The best benchmark is the statutory award for your rating: with 25% loss of use and a $1,200 weekly wage, about $7,600. A settlement can be higher or lower depending on future medical care, disputed ratings and which other benefits it closes.
What is the maximum weekly workers' comp benefit in New York in 2026?
The maximum weekly temporary total disability benefit is $1,281.50 (2026-07-01 to 2027-06-30).
Is there a waiting period in New York?
Yes. New York does not pay the first 7 days of lost time, but pays them back once disability lasts more than 14 days.
Which law sets these amounts?
N.Y. Workers' Compensation Law §15 (schedule; §15(3)(w) non-schedule caps); §12 (waiting period); N.Y. Workers' Compensation Law §15(3) (schedule), §15(3)(w) (non-schedule caps). The official sources are linked at the bottom of this page.
Other injuries in New York
Law and official sources
Official sources
Statute: N.Y. Workers' Compensation Law §15 (schedule; §15(3)(w) non-schedule caps); §12 (waiting period); N.Y. Workers' Compensation Law §15(3) (schedule), §15(3)(w) (non-schedule caps)
- New York State Workers' Compensation Board (official site)
- wcb.ny.gov/content/main/SubjectNos/sn046_1805.jsp
- apps.wcb.ny.gov/content/main/SubjectNos/sn046_1754.jsp
- wcb.ny.gov/content/main/Workers/LostWageBenefits.jsp
- nysenate.gov/legislation/laws/WKC/15
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the New York workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.