Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine a workers’ comp settlement for a back injury in NY?
The NY Workers’ Compensation Board considers the severity of your back injury, your pre-injury average weekly wage (AWW), your permanent partial or total disability rating, and future medical costs. Wage replacement is capped at two-thirds of your AWW up to the state maximum weekly benefit. A higher disability classification under the NY schedule means a larger settlement.
What does NY workers’ comp cover for a back injury vs. a personal injury lawsuit?
NY workers’ comp covers medical treatment and a portion of lost wages regardless of fault — you don’t need to prove negligence. A personal injury lawsuit, which is generally not available against your employer under NY workers’ comp law, could cover pain and suffering and full lost wages, but only if a third party (like an equipment manufacturer) was responsible for your injury.
How long do I have to file a workers’ comp claim for a back injury in NY?
Under NY Workers’ Compensation Law, you must notify your employer of a work-related back injury within 30 days and file a claim (Form C-3) with the Workers’ Compensation Board within two years of the injury date or the date you knew the injury was work-related. Missing these deadlines can bar your claim entirely.
Can I get a lump-sum settlement for a back injury under NY workers’ comp?
Yes. In New York, a Section 32 settlement allows you to resolve your workers’ comp case with a lump-sum payment in exchange for closing your claim. The settlement must be approved by a Workers’ Compensation Law Judge to ensure it’s in your best interest, and once approved, it is final — so consulting an attorney before accepting is strongly advised.