Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How is the workers’ comp wage benefit calculated for a neck injury in New York?
The NY Workers’ Compensation Board pays two-thirds (66.67%) of your average weekly wage (AWW), capped at the statewide maximum weekly benefit set each year. Your AWW is calculated from your earnings in the 52 weeks before the injury. If your neck injury leaves you partially able to work, your benefit is reduced proportionally based on your degree of disability as determined by the Board.
Does workers’ comp cover all medical treatment for a neck injury in NY?
Yes. Under New York workers’ compensation law, your employer’s insurer must pay 100% of authorized medical treatment — including emergency care, imaging (MRI, CT scans), specialist visits, physical therapy, and surgery — with no copays or deductibles. You must treat with a doctor authorized by the WCB, and all treatment must be medically necessary and approved.
Can I sue my employer for a neck injury instead of filing a workers’ comp claim in New York?
Generally no. New York workers’ compensation is a no-fault, exclusive-remedy system — meaning you cannot sue your employer in civil court for a workplace neck injury. However, if a third party (such as an equipment manufacturer or negligent contractor) contributed to your injury, you may pursue a separate personal injury lawsuit against them while still collecting workers’ comp benefits.
What happens if my neck injury causes permanent disability under NY workers’ comp?
If the WCB classifies your neck injury as a permanent partial disability (PPD) or permanent total disability (PTD), you may receive ongoing wage-replacement benefits beyond your initial recovery period. For PPD claims, the Board assigns a loss-of-wage-earning-capacity percentage that determines the duration and amount of your benefit. Serious cervical injuries — such as herniated discs, spinal cord damage, or nerve impairment — often qualify for extended or lifetime benefits.