WorkInjuryCalc
New York Workers' Comp · Injury Claim

Transportation Worker Injured in New York?

Last updated: 2026 · Verified against New York DWC regulations

MP

Reviewed by: Margaret L. Patterson, Esq.

Workers' Compensation Attorney · NY Bar #4129803 · 19 yrs exp.

Last reviewed: January 2026 · Verified against state DWC regulations

Find out what your neck & cervical injury claim is worth. New York workers typically receive $12,000–$90,000. Free, no-obligation assessment.

In New York, TTD benefits are capped at $1,145/week. The statute of limitations is 2 years from injury.

$12,000

Avg low

$90,000

Avg high

2 years

Deadline

Pre-filled for your situation — just add your wage & impairment info.

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5
Step 4 of 5

Tell us about your work

$800
$200$3,000

Your estimated weekly TTD benefit: $533/week

2 yrs
1 month30 years
8 weeks
1 week52+ weeks

67%

of avg weekly wage (TTD)

$1,145

max weekly benefit

15%

typical attorney fee

2

filing deadline

New York Workers' Comp Law — Key Facts

Governing statute: New York Workers' Compensation Law (WCL)

TTD rate: 67% of average weekly wage

Maximum weekly benefit: $1,145

Statute of limitations: 2 years from injury

Filing deadline: Report to employer within 30 days

Key features of New York's system:

  • Scheduled loss of use (SLU) for extremity injuries
  • Lifetime PPD benefits for total industrial disability
  • Mandatory use of Workers' Compensation Board Medical Guidelines

New York's Workers' Compensation Board administers one of the most worker-friendly systems in the nation, particularly for scheduled-loss injuries (loss of limb, vision, or hearing). New York uses a dual system: scheduled benefits for extremity injuries and spinal awards for non-scheduled injuries. PPD awards can continue for life for total industrial disability. The Workers' Compensation Board has exclusive jurisdiction and a well-developed administrative court system.

What to Expect with Neck & Cervical Injury in New York

12%

Average impairment rating

$38,000

Average medical costs

Cervical spine injuries — disc herniations, facet joint injuries, and cervical radiculopathy — frequently result from vehicle accidents, falls, or acute lifting events. The neck is not a scheduled body part in most states, which means permanent disability is calculated under the whole-person impairment methodology. Cervical radiculopathy (nerve compression causing pain, numbness, or weakness radiating into the arms) is a common outcome of C5–C6 or C6–C7 disc herniation. Cervical fusion carries significant risk of adjacent-segment disease, meaning degeneration above or below the fused level often leads to future surgery — a factor that supports higher settlement demands. Thorough neurological documentation distinguishing radiculopathy from peripheral neuropathy is critical for claim value.

Common treatments

  • Rest, cervical collar, and NSAIDs
  • Physical therapy (traction, strengthening)
  • Cervical epidural steroid injections
  • Anterior cervical discectomy and fusion (ACDF)
  • Cervical disc replacement (arthroplasty)
  • Pain management and trigger-point injections

Documentation needed

  • Cervical MRI showing disc pathology
  • Neurosurgeon or spine surgeon evaluation
  • EMG/nerve conduction study for radiculopathy
  • Incident or accident report
  • Pre-injury imaging (if available) to establish causation
  • Whole-person AMA impairment rating
Return to work: Conservative cervical cases: 4–12 weeks. Post-ACDF surgery: 3–6 months for sedentary work, 6–12 months for manual labor.

Frequently asked questions

How is neck & cervical injury compensation calculated in New York?

In New York, your weekly benefit is 67% of your average weekly wage, capped at $1,145. Permanent disability is calculated based on your impairment rating.

What is the average neck & cervical injury settlement in New York?

New York workers with neck & cervical injury typically settle between $12,000 and $90,000, depending on impairment rating, treatment costs, and lost wages.

How long do I have to file a workers' comp claim in New York?

2 years from injury. Missing this deadline can permanently bar your claim. Contact a workers' comp attorney as soon as possible.

Do I need a lawyer for a workers' comp claim in New York?

You are not required to have an attorney, but representation significantly increases average settlement amounts. Most workers' comp attorneys work on contingency — no fee unless you win. Typical fees are 15% of settlement.

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This calculator provides estimates for informational purposes only. Actual compensation depends on the specific facts of your case, your state's workers' compensation laws, and the outcome of any proceedings. Always consult a licensed workers' compensation attorney in your state.