How much is a neck injury worth in New York workers' comp?
How New York workers' compensation pays for a neck injury, the 2026 benefit rates, and what to check before you accept a settlement.
How a neck 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.
Settlement value vs. the statutory award
The figures on this page are what New York law sets. Many claims end in a negotiated settlement instead. Insurers usually start from the statutory award for your rating, then adjust for disputed ratings, future medical care, how long wage-loss benefits could run and the risk of a hearing. Knowing the statutory number for a neck injury helps you judge whether an offer is low.
New York vs. neighboring states
| State | How a neck injury is paid | Max for total loss |
|---|---|---|
| New York | wage loss | — |
| Connecticut | 208 weeks | $356,928 |
| Massachusetts | wage loss | — |
| New Jersey | impairment rating (see rule) | — |
| Pennsylvania | wage loss | — |
| Vermont | spine scale, up to 330 weeks | — |
"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
Frequently asked questions
How is a neck 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.