Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What does workers comp cover for a neck injury in New York?
New York's workers' compensation system covers necessary medical treatment, temporary disability wage replacement (two-thirds of your average weekly wage up to the state maximum), and a permanency award if you sustain a permanent partial or total disability. It does not compensate for pain and suffering. If a third party — such as a negligent equipment manufacturer or a non-employer driver — caused your neck injury, you may pursue a separate personal injury lawsuit for full damages including pain and suffering, which is not available through the WCB.
How is a workers comp neck injury settlement calculated in NY?
The New York Workers Compensation Board determines permanency awards using a schedule of loss of use (SLU) for the cervical spine, or classifies severe cases as non-schedule permanent partial or total disability. The SLU percentage is multiplied by a statutory number of weeks and your wage-replacement rate. Factors that increase value include surgical intervention, nerve damage, herniated discs with radiculopathy, and documented restrictions that limit your ability to work.
Does having neck surgery increase my workers comp settlement in New York?
Generally yes. A surgical procedure such as a cervical fusion or discectomy typically results in a higher permanency rating from the WCB, which directly increases the value of any permanency award or settlement. Your treating physician and an independent medical examiner appointed by the Board will both evaluate your condition after maximum medical improvement is reached. A higher permanent impairment finding translates to more weeks of compensation under the New York schedule.
How long do I have to file a workers comp claim for a neck injury in New York?
You must notify your employer of the injury within 30 days and file a formal claim with the New York Workers Compensation Board (Form C-3) within two years of the date of injury or the date you knew — or should have known — the injury was work-related. Missing either deadline can result in losing your right to benefits entirely. If a third-party lawsuit is also available, the personal injury statute of limitations in New York is generally three years from the date of the accident.