How Much Is a Traumatic Brain Injury (TBI) Workers Comp Claim Worth in New York?
A plain-language estimate based on New York benefit rates and typical case outcomes for this injury type.
Estimated Settlement Range
$26,700 – $80,000
Estimate only. Not legal advice. Actual settlement value depends on your specific case facts — consult a licensed workers comp attorney in New York.
How This Estimate Is Calculated
Here's the math: New York's benefit rate and cap, combined with how Traumatic Brain Injury (TBI) claims typically resolve.
New York pays 67% of your average weekly wage, up to a maximum of $1281.50/week. For a Traumatic Brain Injury (TBI) claim, the typical temporary disability period is 20 weeks, with settlement multipliers ranging 2.0x–6.0x. See the full methodology for where this range comes from and what it doesn't include.
Here's the actual math: on a $1,000 average weekly wage, New York's formula puts your weekly benefit at $667. Over the typical 20-week recovery window for Traumatic Brain Injury (TBI), that's $13,334 in wage-replacement before any settlement multiplier is applied. Multiplying that by this injury's typical 2.0x–6.0x range is what produces the $26,700–$80,000 estimate above. Your own number will differ based on your real wage — use the calculator on the homepage to plug in your actual figure.
What This Estimate Doesn't Account For
What's missing from this number: your permanent impairment rating (assigned after MMI), disputed liability, and future medical treatment — all of which can move a real settlement well outside this range.
Surgery is common for Traumatic Brain Injury (TBI), and a surgical case typically settles toward the higher end of this range — or above it — since surgery usually means a longer recovery and a higher permanent impairment rating.
About Traumatic Brain Injury (TBI) Claims
Because brain injuries affect long-term earning capacity and quality of life, TBI claims typically settle higher than almost any other injury category in this dataset.
Common causes: Falls, being struck by objects, vehicle accidents
Surgery likelihood: high
For a deeper look at what specifically drives severity and impairment ratings for this injury — not just how it's calculated in New York — see the full Traumatic Brain Injury (TBI) resource, including how this injury compares across all 50 states.
New York Workers Comp Rules
- Waiting period: 7 days
- Filing deadline: 730 days
- Attorney contingency fee: 10-15%
- State agency: NY Workers' Compensation Board
Frequently Asked Questions
How long do I have to file a workers comp claim in New York?
In New York, the filing deadline is 730 days from the date of injury. See the full filing deadline guide for tolling rules and what happens if you miss it.
Is it worth getting a lawyer for a New York workers comp case?
Most workers comp attorneys work on contingency (typically 10-15% of the settlement), so there's usually no upfront cost to get a case reviewed.
How much does a Traumatic Brain Injury (TBI) claim typically pay out in New York?
Estimated range for Traumatic Brain Injury (TBI) in New York: $26,700–$80,000. See the calculation breakdown above for how this was derived.