Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How much compensation can I get for a back injury at work in New York?
There is no fixed amount. Compensation depends on injury severity, how long you are out of work, your average weekly wage, and whether a third party contributed to the accident. Workers comp covers a percentage of lost wages and medical bills, while a separate personal injury lawsuit against a negligent third party can recover full lost wages, pain and suffering, and other damages.
Can I sue my employer for a back injury at work in NY?
In most cases, New York workers compensation is the exclusive remedy against your employer, meaning you generally cannot sue your employer directly. However, if a third party such as a building owner, subcontractor, equipment manufacturer, or delivery driver caused or contributed to your injury, you can file a personal injury lawsuit against that party in addition to collecting workers comp benefits.
What is the deadline to file a claim for a work-related back injury in New York?
For a workers compensation claim, notify your employer within 30 days and file with the Workers Compensation Board within two years. If pursuing a personal injury lawsuit against a third party, the statute of limitations under CPLR 214 is three years from the date of injury. Missing either deadline can bar your claim entirely, so consult an attorney immediately after your injury.
What types of back injuries qualify for a work injury claim in NY?
Qualifying injuries include herniated or bulging discs, spinal fractures, nerve damage, lumbar strains, and injuries requiring surgery such as spinal fusion. Both sudden traumatic accidents and repetitive-stress injuries from chronic lifting are covered under New York workers compensation. The more severe and permanent the injury, the higher the potential compensation, especially if it limits your ability to return to your prior occupation.