Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine a back injury workers’ comp settlement in New York?
The NY Workers’ Compensation Board evaluates your average weekly wage (AWW), the severity and permanency of your back injury, and your degree of disability. Injuries classified as permanent partial or permanent total disability generally yield higher settlement values. The board may also consider your age, occupation, and ability to return to work.
What does NY workers’ compensation cover for a back injury?
NY workers’ comp covers all reasonable and necessary medical treatment for your back injury, including surgery, physical therapy, and diagnostic imaging, at no cost to you. It also pays wage replacement benefits equal to two-thirds of your AWW, up to the state maximum. Pain and suffering are not compensable under the WCB system.
Can I sue my employer for a back injury in addition to filing a workers’ comp claim?
In most cases, no. New York’s workers’ compensation law is an exclusive remedy — it bars lawsuits directly against your employer for workplace injuries. However, if a third party (such as a negligent contractor, equipment manufacturer, or property owner) contributed to your back injury, you may be able to pursue a separate personal injury lawsuit against that party while also receiving workers’ comp benefits.
How long do I have to file a workers’ comp claim for a back injury in New York?
You must notify your employer of a work-related back injury within 30 days of the accident, and you must file a formal claim with the NY Workers’ Compensation Board within two years of the injury date. Missing these deadlines can result in losing your right to benefits, so it is important to act quickly and document your injury from the start.