Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How much is the average workers’ comp settlement for back surgery in New York?
There is no single average—New York workers’ comp settlements for back surgery depend on the severity of the injury, the degree of permanent disability, pre-injury wages, and the specific surgical procedure performed. Lumbar fusions, discectomies, and spinal decompressions each carry different medical valuations. Cases involving permanent partial or total disability classifications under the NY Workers’ Compensation Law can produce significantly higher settlements than those with a good surgical outcome and full return to work.
How does New York calculate workers’ comp benefits after back surgery?
New York Workers’ Compensation Law provides for temporary total disability (TTD) benefits at two-thirds of your average weekly wage (AWW), subject to the annual maximum set by the Workers’ Compensation Board. Once you reach maximum medical improvement (MMI), a Workers’ Compensation Law Judge assigns a permanency rating. That rating—expressed as a loss-of-use percentage and a schedule loss of use (SLU) award or a non-schedule award—forms the foundation of any settlement, called a Section 32 agreement.
What is a Section 32 settlement in a NY workers’ comp back surgery case?
A Section 32 agreement under New York Workers’ Compensation Law allows a claimant and the workers’ comp carrier to settle all future indemnity and, in some cases, medical benefits in a lump sum. For back surgery cases, the settlement must be approved by the Workers’ Compensation Board and is generally structured to reflect the present value of anticipated future wage loss and medical costs. Once approved, the agreement is final and binding, so timing and the permanent disability rating are critical.
Can I also sue my employer or a third party after back surgery from a workplace injury in New York?
In most cases, New York Workers’ Compensation Law is the exclusive remedy against your employer, meaning you cannot sue your employer in civil court. However, if a third party—such as a negligent contractor, equipment manufacturer, or property owner—caused or contributed to your injury, you may pursue a separate personal injury lawsuit under CPLR §214’s three-year statute of limitations. Third-party actions can recover pain and suffering and other damages not available through workers’ comp, and any recovery may be subject to a lien by the workers’ comp carrier.