Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How does New York calculate workers’ comp benefits for a back injury?
NY Workers’ Compensation Board pays two-thirds of your average weekly wage (AWW), subject to a state-set weekly maximum that adjusts annually. The duration depends on your injury’s severity — temporary total disability pays while you’re unable to work, while permanent partial or total disability can extend benefits for years or for life.
What does workers’ comp cover for a back injury vs. a personal injury lawsuit?
Workers’ comp covers lost wages, medical treatment, and permanent disability awards — but you cannot sue your employer for pain and suffering in NY’s no-fault system. A personal injury lawsuit against a liable third party (not your employer) may allow additional recovery for pain and suffering, but only if someone other than your employer caused the injury.
How is a permanent back injury rated under NY workers’ comp?
The WCB assigns a permanent impairment classification ranging from mild to total, based on medical evidence including imaging and functional evaluations. This classification directly determines the number of weeks of benefits for a schedule loss of use or non-schedule permanent partial disability award.
What is the deadline to file a workers’ comp back injury claim in New York?
You must report your back injury to your employer within 30 days and file a claim (Form C-3) with the NY Workers’ Compensation Board within two years of the injury or last payment of benefits. Missing these deadlines can bar your right to compensation entirely.