You can be eligible for workers' compensation benefits if you were hurt at work in the state of New York. Workers can get payments under the no-fault system of workers' compensation regardless of who was at fault for the accident.

The Bureau of Labor Statistics reports that back injuries at work are common. In actuality, back-related musculoskeletal conditions made up 38.5 percent of all work-related musculoskeletal conditions. Even minor back injuries can result in paralysis, nerve damage, persistent pain, and other excruciating symptoms that may require years of medical care and therapy. Back injuries may be covered by workers' compensation payments in New York, regardless of whether they happen suddenly or gradually over time.


While we will cover information specific to back injuries at work in the following article, we advise you to speak with an experienced New York workers’ comp lawyer. The team at Brandon J. Broderick can go over the details of your case and help you with what’s next. Contact us today to schedule a free consultation.

Are Workers' Compensation Benefits Available to all New York Employees?

Almost all businesses in New York are required to carry workers' compensation insurance, which pays benefits in the event of an injury or illness sustained while working. There are a few exceptions, including sole proprietorships and enterprises in which the owners are the only employees. Employers must also prominently display a notice describing their workers' compensation insurance coverage, including the insurer's name, address, and phone number, as well as the policy number.

Your Back Injury Must Have Occurred at Work or Be Related to Your Job to Qualify for Workers' Compensation.

One of the most important elements of your workers' compensation claim for back injuries will be proving that the injury is related to the workplace. If you were hurt in a workplace accident, it may be slightly simpler to prove that your injury is work-related. It may be more challenging to demonstrate that back injuries are work-related in other situations where they are chronic and made worse by specific circumstances.

Certain occupations are known to carry a higher risk of back injuries, which could aid your claim if this is the case. For instance, healthcare personnel often have to perform a lot of bending, stretching, and even lifting patients, which can cause back injuries.

Your medical records will play a significant role in showing that your back injury is work-related. Because back injury workers' compensation claims can be difficult to prove and may be contested, it is crucial to consult with an attorney about your case. The legal team of Brandon J. Broderick, an experienced New York workers' compensation attorney, can compile evidence to support your claim. If your employer or its insurance provider attempts to deny your claim, they can fight the denial on your behalf.

Workers Comp Benefits for Back Injury in New York

The purpose of workers' compensation is to offer a variety of benefits to people who have been hurt at work or who have occupational diseases. Medical benefits include paying hospital and medical expenses as well as replacing lost wages during any period of disability. Depending on the injury, these benefits may be temporary or permanent and may include a full benefit amount or a half benefit amount. There is a maximum weekly benefit amount for lost wages in New York, which in 2022 was $1063.

There are important procedures you can take to safeguard your legal rights in New York if you have any kind of workplace accident, including a back injury. As soon as possible, get medical attention, and notify your employer of the event and your injuries. An independent medical examination (IME) may be demanded of you by your employer or your insurance provider. Additionally, it's crucial to follow the workers' compensation procedure and be knowledgeable about the deadlines for reporting your injury. The New York State statute of limitations is 30 days for reporting an injury.

How to Proceed if Your Workers' Compensation Claim is Denied

Your back injury claim could be rejected or undervalued by your employer or the company that provides workers' compensation insurance. The insurance provider might try to argue that you have a pre-existing condition, that the injury isn't as serious as you say it is, or that it isn't work-related because back injuries can be more difficult to prove.

In the event that your claim is completely or partially denied, you want to speak with a workers' compensation attorney about your case. In circumstances where employers and employees disagree over workers' compensation benefits, New York offers both an informal and formal appeals process. The outcome of your lawsuit can be greatly influenced by having a knowledgeable, experienced attorney such as Brandon J. Broderick on your side.

If you sustain a major injury, you can be given the choice between a settlement or a lump sum payment. It's crucial to speak with a lawyer to discuss your options and make sure the settlement offer is fair and maximized. If you accept a settlement and later discover you require more medical attention or time off work than you anticipated, you cannot withdraw your agreement.

Let Brandon J. Broderick Help you With Your Back Injury Workers’ Compensation Claim

It is in your best interest to discuss your case with an experienced New York workers' compensation attorney, whether you have a back injury brought on by an accident, a chronic workplace injury, or if your claim has been rejected. Our team at Brandon J. Broderick, Attorney at Law, has expertise with employment law and workers' compensation. We are here to help you through this hard time and to get you the compensation that you deserve and are entitled to.

To learn more about your options, get in touch with us right away so that we may help you.


Posted by: Brandon J. Bro…
Date: Wed, 11/23/2022 - 19:37

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