Guide to New York Workers’ Compensation
Getting hurt on the job can turn your life upside down. Between medical bills, missed paychecks, and the uncertainty of recovery, it’s hard to know where to turn. In New York, the workers’ compensation system is supposed to provide support, but actually getting the benefits you deserve isn’t always simple.
WHAT YOU NEED TO KNOW
Workers’ compensation is a state-required insurance program that pays benefits to employees injured or made ill because of their work. Nearly all New York employers must carry this insurance, covering everyone from construction workers to office staff to domestic and agricultural employees.
The system is “no fault”—meaning you don’t have to prove your employer did anything wrong. If you’re injured while working, you generally qualify for coverage. In exchange, you usually cannot sue your employer directly.
INJURIES
Workers’ compensation covers a wide range of injuries and illnesses, including:
Workplace accidents such as slips, falls, machinery malfunctions, or falling objects
Job-related illnesses caused by exposure to toxins, chemicals, dust, or other hazards
Repetitive strain injuries, like carpal tunnel or back injuries, from repetitive work
Aggravation of pre-existing conditions if your job made the condition worse
Remote work injuries if you’re performing job tasks at home
However, not everything qualifies. For example, injuries during your commute, while off-site for a personal errand, or during lunch away from work are usually excluded.
POTENTIAL BENEFITS
Workers’ compensation in New York may provide:
Medical Care – All reasonable and necessary treatment, including doctor visits, surgeries, therapy, prescriptions, and devices.
Lost Wages – Weekly cash payments if you miss work for more than seven days, or if you return in a reduced role.
Survivor Benefits – Payments and funeral expenses for dependents of workers who die from work-related injuries or illnesses.
Additional Benefits – In some cases, eligibility for Social Security Disability benefits.
The amount of lost wage benefits depends on your average weekly wage and the degree of disability, as determined by medical reports.
FILING A SEPARATE SUIT
Although you can’t usually sue your employer, you may be able to bring a third-party personal injury claim if someone outside of your workplace was responsible.
Examples include:
Faulty equipment or safety gear
A negligent driver who hit you while you were working
A dangerous property hazard at a client’s location
These claims can allow you to recover damages that workers’ comp doesn’t cover, such as pain and suffering.
FILING A WORKERS’ COMP CLAIM (NY)
To protect your rights, it’s important to act quickly:
Report the injury to your employer within 30 days.
Seek treatment from a provider authorized by the Workers’ Compensation Board (WCB).
File Form C-3 with the WCB within two years of the accident or illness.
Stay compliant with all requests for medical exams, paperwork, and hearings.
WHY MANY STRUGGLE WITH CLAIMS
Even though the law is designed to help workers, the process is far from smooth. Injured employees often deal with:
Denials or delays from the insurance company
Disputes about whether the injury is work-related
Doctors downplaying the severity of disability
Pressure to return to work too soon
Settlement offers that don’t cover long-term needs
These roadblocks leave many workers without the support they truly need.
You can file a workers’ comp claim without an attorney—but that often means leaving money on the table or getting stuck in a frustrating appeals process. An experienced lawyer will:
Make sure your claim is filed correctly and on time
Gather the medical evidence to support your disability
Represent you in hearings and appeals before the WCB
Push back against lowball settlement offers
Explore additional personal injury claims against third parties
If you’ve been injured on the job in New York, don’t leave your future up to the insurance company. Workers’ compensation laws are complex, and even a small mistake can cost you valuable benefits.
