Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How is my workers’ comp wage benefit calculated for a back injury in New York?
New York calculates your benefit at two-thirds of your average weekly wage (AWW), subject to a state maximum set annually by the Workers’ Compensation Board. For 2024, the maximum weekly benefit is $1,145.43. Your AWW is typically based on your earnings in the 52 weeks before the injury.
Does workers’ comp in NY cover all medical treatment for a back injury?
Yes. Under New York’s no-fault workers’ comp system, your employer’s insurer must pay for all necessary and authorized medical treatment related to your back injury — including doctor visits, imaging (MRI/X-rays), physical therapy, surgery, and prescription medication — with no out-of-pocket cost to you.
What does workers’ comp cover versus a personal injury lawsuit for a back injury?
Workers’ comp covers lost wages and medical bills regardless of fault, but generally bars you from suing your employer directly. A personal injury lawsuit may be possible if a third party — such as a negligent contractor, equipment manufacturer, or property owner — caused or contributed to your back injury, potentially allowing you to recover pain and suffering damages that workers’ comp does not provide.
How long do I have to file a workers’ comp claim for a back injury in New York?
In New York, you must notify your employer of a work-related back injury within 30 days and file a claim with the Workers’ Compensation Board within two years of the injury date. Missing these deadlines can result in loss of your right to benefits.