Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How does NY workers’ comp calculate the value of a back injury?
New York workers’ compensation uses a formula based on your average weekly wage, your degree of disability (partial or total), and whether the disability is temporary or permanent. The NY Workers’ Compensation Board classifies injuries by body part and assigns a maximum number of weeks of benefits, so a lumbar herniation rated at 50% disability pays out differently than a complete spinal fusion case.
Does NY workers’ comp cover surgery and long-term treatment for back injuries?
Yes. Under NY Workers’ Compensation Law, all authorized medical treatment — including spine surgery, physical therapy, pain management, and durable medical equipment — must be paid by your employer’s carrier at no cost to you. Treatment must be pre-authorized by the carrier and provided by a Board-authorized physician; going outside that network without approval can jeopardize your benefits.
Can I get a lump-sum settlement for a back injury under NY workers’ comp?
Yes. In New York, injured workers can negotiate a Section 32 settlement, which closes out the workers’ compensation case in exchange for a single lump-sum payment. Once approved by the Workers’ Compensation Board, this settlement is final and waives future medical and indemnity benefits, so it is critical to consult an attorney before agreeing to any Section 32 offer.
What if my back injury was caused by a third party, not just my employer?
If a negligent third party — such as a contractor, equipment manufacturer, or property owner — caused or contributed to your back injury, you may be able to bring a separate personal injury lawsuit in addition to your workers’ comp claim. Under New York law, these parallel claims are not mutually exclusive, but any third-party recovery may be subject to a workers’ comp lien. New York’s statute of limitations for personal injury is three years under CPLR §214, so act promptly.