How much is a back injury worth in New York workers' comp?
There is no fixed dollar amount for a back injury in New York. Not a schedule injury; paid as a non-schedule PPD based on loss of wage-earning capacity, capped at 225-525 weeks. Below: the exact rule, the 2026 weekly maximum ($1,281.50) and what to ask for before you accept an offer.
How a back injury is paid in New York
Not a schedule injury; paid as a non-schedule PPD based on loss of wage-earning capacity, capped at 225-525 weeks.
General rule for permanent injuries in New York: non-schedule PPD: 66 2/3% of the difference between AWW and post-injury wage-earning capacity, for a maximum of 225 to 525 weeks depending on the % loss of wage-earning capacity (≤15% → 225 weeks; >95% → 525 weeks).
What is different in New York
New York splits permanent partial disability into schedule loss of use awards (arms, legs, hands, feet, eyes, hearing) and non-schedule awards (back, neck, etc.), which pay on reduced wage-earning capacity for a capped number of weeks set by the degree of loss.
Back injuries: information needed to value the claim
Separate the diagnosis (for example, a strain, disc injury or surgery) from the permanent rating. Ask for the medical report identifying the spinal region, any nerve involvement, lasting work restrictions and whether maximum medical improvement has been reached. A diagnosis or surgery alone is not a dollar amount.
How to check an offer when there is no fixed figure
This page cannot reliably estimate a permanent award from the injury name and wage alone. The state rule above identifies whether lost earnings, a special rating method or another category applies. To check an offer, request the calculation used, injury date, accepted wage, applicable rating and benefits still outstanding. The weekly calculator below estimates only temporary total disability under its assumptions; it does not value the settlement. See the state benefit overview.
Settlement value vs. the statutory award
The statutory benefit described here and a settlement value are different figures. Request an itemized proposal identifying the benefits included, amounts already paid, deductions, future medical treatment and rights being resolved. Which benefits can be settled and what approval is required depend on state rules. This page does not calculate future medical costs or predict a negotiated outcome.
New York vs. neighboring states
| State | How a back injury is paid | Max for total loss |
|---|---|---|
| New York | wage loss | — |
| Connecticut | 374 weeks | $439,450 |
| Massachusetts | wage loss | — |
| New Jersey | impairment rating (see rule) | — |
| Pennsylvania | wage loss | — |
| Vermont | whole-person spine % × 550 weeks | $105,270 at a 10% rating |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in New York
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $1,281.50 (2026-07-01 to 2027-06-30) |
| Minimum weekly benefit | $384.45 (1/5 of NYSAWW) for 2026-07-01 to 2027-06-30; full wages if wages below minimum |
| Waiting period | 7 days |
| Waiting days paid back after | 14 days of disability |
| Time limit on temporary benefits | No fixed week limit in statute |
Estimate your weekly check
Assumes temporary total disability and no post-injury work earnings. It does not calculate partial disability, retroactive payments, offsets or special low-wage rules. Confirm the injury date and the insurer's wage calculation.
Frequently asked questions
How is a back injury paid in New York workers' comp?
Not a schedule injury; paid as a non-schedule PPD based on loss of wage-earning capacity, capped at 225-525 weeks.
What is the maximum weekly workers' comp benefit in New York in 2026?
The maximum weekly temporary total disability benefit is $1,281.50 (2026-07-01 to 2027-06-30).
Is there a waiting period in New York?
Yes. New York does not pay the first 7 days of lost time, but pays them back once disability lasts more than 14 days.
Which law sets these amounts?
N.Y. Workers' Compensation Law §15 (schedule; §15(3)(w) non-schedule caps); §12 (waiting period). The official sources are linked at the bottom of this page.
Other injuries in New York
Law and official sources
Official sources
Statute: N.Y. Workers' Compensation Law §15 (schedule; §15(3)(w) non-schedule caps); §12 (waiting period); N.Y. Workers' Compensation Law §15(3) (schedule), §15(3)(w) (non-schedule caps)
- New York State Workers' Compensation Board (official site)
- wcb.ny.gov/content/main/SubjectNos/sn046_1805.jsp
- apps.wcb.ny.gov/content/main/SubjectNos/sn046_1754.jsp
- wcb.ny.gov/content/main/Workers/LostWageBenefits.jsp
- nysenate.gov/legislation/laws/WKC/15
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the New York workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.