Reviewed against NYS WCB primary sources · Last reviewed August 2026
Injury guide
Workers' comp for a back injury in New York
Back and spine injuries are the most common serious workers' comp claims — and the most contested. Unlike an arm or leg, the back is not on the schedule, so a permanent back injury is paid a different way: on your loss of wage-earning capacity.
Key facts
- The back is a non-scheduled body part — no fixed week count like an arm or leg.
- A permanent back injury is paid on loss of wage-earning capacity (LWEC), capped at 225–525 weeks (injuries on/after 3/13/2007).
- Injuries before March 13, 2007 can be paid for as long as the disability and wage loss last.
- Medical care (including surgery, injections, therapy) is fully covered.
Why a back injury is "non-scheduled"
The Schedule Loss of Use system only covers extremities, eyes, and hearing. The spine isn't on it. So when a back injury becomes permanent, the Board instead sets your loss of wage-earning capacity — how much your permanent condition reduces your ability to earn — and that percentage caps how many weeks of benefits you receive.
| Loss of wage-earning capacity | Max weeks |
|---|---|
| Greater than 95% | 525 |
| >75–80% | 425 |
| >50–60% | 350 |
| >30–40% | 275 |
| 15% or less | 225 |
See the full LWEC cap table. Your weekly benefit is still ⅔ of your average weekly wage × disability %, capped at the state maximum.
What it's worthA back claim's value turns on the LWEC percentage and your wage. At the current $1,222.42 maximum, a 525-week cap is worth up to $641,770 in indemnity — before medical. Estimate yours with the calculator.
What's a settlement worth?A permanent injury like this is usually resolved with a Section 32 settlement. The starting point is the indemnity value (the weeks above × your weekly rate) plus future medical — estimate it with the settlement calculator.
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