Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine a workers’ comp settlement for a neck injury in New York?
The NY Workers’ Compensation Board evaluates your medical evidence, the permanency of your condition, your average weekly wage, and your degree of disability. Injuries requiring surgery — such as cervical disc herniation with fusion — typically yield higher loss of wage awards and schedule loss of use determinations. The Board uses a permanent impairment percentage assigned by your treating or independent medical examiner.
Does workers’ comp cover all my losses after a workplace neck injury, or can I also sue?
NY Workers’ Compensation is a no-fault system that covers medical treatment and partial wage replacement (two-thirds of your average weekly wage, up to the state maximum), but it bars most lawsuits against your employer. However, if a third party — such as a negligent equipment manufacturer or a contractor — caused your neck injury, you may be able to bring a separate personal injury lawsuit to recover pain and suffering, which WCB does not pay.
How long do I have to file a workers’ comp claim for a neck injury in New York?
You must notify your employer within 30 days of the injury and file a claim with the NY Workers’ Compensation Board within two years of the accident date or two years from the date you knew (or should have known) the injury was work-related. Missing these deadlines can result in losing your right to benefits entirely.
What is a Schedule Loss of Use award and does it apply to neck injuries in New York?
A Schedule Loss of Use (SLU) award is a lump-sum payment for permanent impairment to specific body parts listed in NY Workers’ Compensation Law §15(3). The cervical spine is not on the schedule — meaning neck injuries are instead compensated as Non-Schedule (classification) awards based on your permanent disability percentage and its impact on your earning capacity, which can result in ongoing payments rather than a single lump sum.