By: Michael J. McConnell – Westchester County workers’ compensation lawyer serving Yonkers and the surrounding area.
If you hurt your back at work in Yonkers or anywhere else in New York, workers’ compensation may be available to you. In this article I will discuss the following:
- Common causes of work-related back injuries in Yonkers.
- The 3 primary types of workers’ compensation benefits for back injuries in New York.
- What to do after a back injury in Yonkers.
As always, if you have been hurt at work, it is recommended that you consider a free consultation with a New York workers’ compensation lawyer to address the specific facts and issues of your case. This article is intended for general informational purposes only.
1. Common causes of work-related back injuries in Yonkers
Back injuries are one of the most common causes of work-related injuries in New York, including Yonkers and the rest of Westchester County. They are believed to account for at least 25% of injuries on the job.
Common causes of back injuries at work include:
- Lifting heavy objects
- Carrying heavy loads
- Bending or twisting
- Repetitive motion involving the back
- Trip/slip and falls
- Prolonged periods in one posture, including standing, sitting, and driving
- Poor ergonomic set up
- Motor vehicle accidents
2. What can I get through workers’ compensation for a back injury in Yonkers?
In general, there are 3 primary types of workers’ compensation benefits that you can get for a back injury in Yonkers or elsewhere in New York.
First, you can get medical treatment covered at zero cost for you if your claim is established. This can include necessary treatment such as doctor’s visits, physical therapy, diagnostic tests, chiropractic treatment, prescription medication, injections, or surgery. Certain forms of treatment might require authorization from the insurance company first, but once treatment is approved by them or ordered by the Workers’ Compensation Board, you will be able to get that treatment without having to pay a single penny.
Second, you can get temporary disability payments to compensate you for lost wages. The rate at which you get paid will depend on several things, including your average weekly wage prior to the accident, the percentage of disability indicated by your doctor, and possibly other factors depending on your case including any state minimum or maximums that might apply to the weekly benefit rate.
Third, if you end up having permanent impairment for your back injury, you could be entitled to permanent partial disability benefits or permanent total disability benefits depending on the severity of your injury and how much it impacts your ability to work.
3. What do I do after a back injury in Yonkers to get workers’ compensation?
If you hurt your back at work in Yonkers or anywhere else in New York, there are several steps to get workers’ compensation to cover your injury – including compensation for lost wages and medical treatment.
First, you should seek immediate medical treatment, especially if it is an emergency. Even if the injury is not an emergency, seeking medical treatment right away can serve at least three important purposes: 1) it helps prove that the accident/injury happened when and how you said it did; 2) it helps prove that your injury was caused by your work duties; and 3) it can prevent your injury from getting worse due to waiting too long to get necessary medical care.
Second, you must timely notify your employer of the accident.
In New York, the law requires that you notify your employer in writing of a work-related accident within 30 days. The best practice, however, is to notify your employer on the date of the accident and ideally right after the accident happens.
If you do not give proper notice within 30 days, the insurance company might deny your claim and refuse to compensate you.
While there are ways to get a judge with the New York State Workers’ Compensation Board to excuse late notice, you would be much better off not having to litigate that issue if possible. With that said, some potential justifiable excuses for late notice include scenarios where your employer (and/or the insurance company investigating your claim) wasn’t really harmed by the late notice or where the injury initially seemed insignificant but unexpectedly got worse as time went on.
Third, you are required to formally file your claim with the Workers’ Compensation Board.
To satisfy this requirement, you must file the Employee Claim Form (called the C-3, which can be found here) within 2 years from the date of the accident.
If your back injury was caused from repetitive activities at work or simply over a period of time (as opposed to a specific accident), then it could be considered an “occupational disease” which would then require filing within 2 years from the date of your disability or the time you knew (or should have known) that the injury was work-related.
With that said, although you do get 2 years to file the claim, it is usually better to simply file it as soon as practicable after the accident.
Fourth, if your back injury prevents you from working, then make sure that you see a doctor who can state in a medical report that you are disabled from work. In general, you cannot get workers’ compensation payments for lost wages unless you have medical documentation of a disability.
Fifth, regardless of whether you are missing work for your injury or continuing to work, you should be following up with your doctor regularly and consistent with their recommendations. The purpose of doing so is twofold: 1) it will best position you for a recovery from your injury; and 2) if you are out of work, you need to continuously see your doctor to get paid temporary disability benefits.
Sixth, you may wish to consider legal representation for your workers’ compensation case. You have a right to legal representation and most workers’ compensation lawyers in Yonkers and throughout New York offer free consultations for injured workers. Having a lawyer to represent your interests against the savvy insurance companies who rake in billions each year can help prevent you from getting shortchanged out of the compensation you deserve.
Conclusion: Workers’ Compensation for a Back Injury in Yonkers
Back injuries at work are very common in Yonkers. If you have been hurt at work in Yonkers and have a back injury, you could be entitled to workers’ compensation benefits like medical treatment, temporary disability for lost wages, and even permanent disability benefits (if your injury ends up being permanent). To get those benefits, it is important to notify your employer of the accident in writing within 30 days, seek medical treatment, and file your claim within two years.
If you have injured your back at work in Yonkers or the surrounding area, please contact the Law Office of Michael J. McConnell today for a free consultation.
Michael J. McConnell is a Westchester County workers’ compensation lawyer dedicated to helping injured workers throughout New York, including Yonkers, White Plains, Mount Vernon, New Rochelle, the Bronx, Manhattan, and Rockland County.
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Last updated: 4/9/25.