Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine my workers' comp settlement amount for a herniated disc in New York?
The NY Workers' Compensation Board weighs several factors: the severity of your disc injury and resulting functional limitations, whether you required surgery such as a discectomy or spinal fusion, your pre-injury average weekly wage (AWW), and the extent of any permanent partial or total disability classification. Medical evidence from an Independent Medical Examination (IME) and your own treating physician plays a central role in determining your permanent impairment rating, which directly affects settlement value.
What does workers' comp cover for a herniated disc, and can I also file a personal injury lawsuit?
New York workers' comp is a no-fault system that covers medical treatment, lost wage replacement at two-thirds of your average weekly wage (up to the state maximum), and a schedule loss of use award or permanent disability benefit. In most on-the-job injury cases, workers' comp is your exclusive remedy against your employer — you generally cannot also sue your employer in civil court. However, if a third party's negligence contributed to your herniated disc — such as a contractor, equipment manufacturer, or property owner — you may pursue a separate personal injury lawsuit for additional damages including pain and suffering.
What is a Section 32 settlement and how does it work for herniated disc claims?
A Section 32 settlement is a lump-sum agreement under Section 32 of the New York Workers' Compensation Law that permanently closes out part or all of your claim. Once approved by the WCB, you receive a one-time payment in exchange for waiving future indemnity benefits and, optionally, future medical benefits related to the injury. These settlements are common in herniated disc cases where the full extent of disability is established and both parties prefer finality over years of ongoing payments.
Does having spinal surgery increase my workers' comp settlement for a herniated disc?
Yes, surgery typically increases the value of a herniated disc workers' comp claim in New York. A discectomy, laminectomy, or spinal fusion generally results in a higher permanent impairment rating from the Workers' Compensation Board, which increases both ongoing indemnity benefits and any lump-sum Section 32 settlement value. Post-surgical complications, extended recovery time, and resulting work restrictions or permanent limitations also factor into the final settlement calculation.