Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine a workers’ comp settlement for a hip injury in New York?
The New York Workers’ Compensation Board (WCB) weighs the degree of permanent impairment, your average weekly wage (AWW), the number of weeks of lost work, and whether you require ongoing medical treatment. A fractured hip requiring surgery and resulting in permanent restrictions will produce a far higher settlement than a soft-tissue strain with full recovery. The WCB uses scheduled loss-of-use (SLU) awards for permanent hip impairment, calculated as a percentage of 160 weeks under NY Workers’ Compensation Law § 15(3).
Does hip replacement surgery increase my workers’ comp settlement in NY?
Yes, significantly. Total hip replacement (arthroplasty) typically results in a higher scheduled loss-of-use percentage because the WCB Medical Guidelines assign greater permanent impairment to replaced joints. You are also entitled to reimbursement for all surgery-related medical costs and wage replacement at two-thirds of your AWW (up to the state maximum) throughout your recovery period. Post-surgical permanent work restrictions can further increase the weeks of benefits owed.
What does workers’ comp cover for a hip injury versus a personal injury lawsuit?
New York workers’ comp is a no-fault system: you receive medical benefits and wage replacement (2/3 of AWW, up to the state cap) regardless of who caused the accident, but you generally cannot sue your employer. A personal injury lawsuit against a negligent third party — such as a property owner, equipment manufacturer, or contractor — is separate and can recover pain and suffering, full lost earnings, and other damages that workers’ comp does not pay. Many workplace hip injuries involve both a WCB claim and a third-party suit filed in parallel.
How long do I have to file a workers’ comp claim for a hip injury in New York?
You must file a claim with the New York Workers’ Compensation Board within two years of the date of injury or the date you knew (or should have known) the injury was work-related. You should also notify your employer in writing within 30 days of the injury; missing that window can jeopardize your benefits. Because hip injuries sometimes worsen gradually — or are initially misdiagnosed — consulting an attorney early protects your filing deadline.