How Much Is a Back Injury Worth in NY Workers Comp

The NY WCB sets your weekly benefit at two-thirds of your average weekly wage (AWW), capped at the state maximum benefit rate (which adjusts each July 1). If your back injury causes only partial disability — meaning you can still do some work — benefits are reduced proportionally based on your reduced earning capacity. Benefits continue for the duration of your disability, subject to WCB review.

A schedule loss of use (SLU) award compensates for permanent functional loss to a specific body part listed in NY Workers’ Compensation Law §15. The spine is not a scheduled member, so back injuries are evaluated as non-schedule permanent partial or permanent total disability instead. These non-schedule awards are based on your loss of wage-earning capacity, determined at a WCB hearing, and can result in ongoing weekly payments rather than a one-time lump sum.

Yes. Under New York’s no-fault workers’ compensation system, your employer’s insurer must pay 100% of all reasonable and necessary medical treatment related to your back injury — including doctor visits, imaging (MRI, CT), physical therapy, injections, and surgery. You do not pay deductibles or co-pays. Treatment must be from a WCB-authorized provider following the Medical Treatment Guidelines.

In New York, workers’ comp is generally your exclusive remedy against your employer — you cannot sue them in civil court for a workplace back injury. However, if a third party (a contractor, equipment manufacturer, or negligent driver) contributed to your injury, you can file a personal injury lawsuit against them while still collecting workers’ comp benefits. A successful third-party lawsuit can recover pain and suffering damages that workers’ comp does not pay.