Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How does the NY Workers’ Compensation Board calculate what a neck injury is worth?
The WCB evaluates neck injuries using two main measures: temporary disability benefits (2/3 of your average weekly wage, up to the state maximum, for each week you cannot work) and permanent disability awards based on a WCB-approved medical examination. For cervical spine injuries that cause permanent impairment, the board may assign a schedule loss of use percentage or classify you as permanently partially or totally disabled, each carrying a different benefit duration and dollar value.
What is a schedule loss of use award for a neck injury in New York?
New York workers’ comp allows a schedule loss of use (SLU) award for certain permanent impairments, including arm and shoulder injuries linked to cervical damage. The WCB assigns a percentage of loss to the affected body part, and that percentage multiplied by the statutory number of weeks determines the total benefit. Cervical spine injuries that do not neatly fit a scheduled body part may instead be classified under the non-schedule (permanent partial disability) system, which pays benefits based on lost wage-earning capacity for a longer, ongoing period.
Does workers’ comp cover all my neck injury losses, or can I also sue my employer?
New York workers’ compensation is an exclusive remedy against your employer, meaning you generally cannot sue your employer in civil court for a workplace neck injury. However, if a third party—such as a contractor, equipment manufacturer, or property owner—caused or contributed to your injury, you may pursue a separate personal injury lawsuit against that party while still receiving workers’ comp benefits. A personal injury claim can recover pain and suffering and other damages that workers’ comp does not pay.
What is the deadline to file a workers’ comp claim for a neck injury in New York?
In New York, you must notify your employer of a workplace neck injury within 30 days of the accident and file a formal claim (Form C-3) with the Workers’ Compensation Board within two years of the injury date. Missing either deadline can result in losing your right to benefits. If your neck injury developed gradually from repetitive strain—rather than a single accident—the two-year clock typically starts from the date you knew or should have known the condition was work-related.