New York Workers’ Compensation Laws

A workplace injury can create serious physical, emotional, and financial challenges. Understanding New York workers’ compensation benefits is essential if you’ve been hurt on the job. This system provides medical treatment, wage replacement, and other benefits—regardless of fault—to help you recover and maintain financial stability during your time away from work. Knowing how the process works is the first step in safeguarding your health, livelihood, and future.

The workers’ compensation lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. utilize the firm’s 50 years of collective knowledge and experience for our clients. We assist and advocate for injured individuals to recover the largest benefits that they are entitled to receive.  We represent individuals in Manhattan, the Bronx, Long Island, Brooklyn, and the New York City metropolitan area.

What Is Workers’ Compensation in New York?

Workers’ compensation is a no-fault insurance system established by New York law to provide benefits to employees who suffer job-related injuries. Under this system, eligible workers can receive medical treatment, rehabilitation services, and partial wage replacement without proving their employer was at fault.

In exchange for these guaranteed benefits, employees generally waive the right to sue their employer for negligence, making workers’ compensation the exclusive remedy in most cases.

Covered Employees in New York

Most employees in New York are eligible for workers’ compensation benefits, including:

• Full-time and part-time employees
• Seasonal and temporary workers
• Public employees, such as municipal or school district workers
• Domestic workers employed 40 or more hours per week by the same employer
• Certain farm and agricultural workers
• Undocumented workers

If your employment status is unclear, you may still qualify. An attorney can help determine your eligibility and protect your rights after a serious job-related injury.

What Benefits Are Available Under New York Workers’ Compensation?

As noted, New York workers’ compensation provides a range of benefits designed to support injured employees during their recovery. These benefits help address both the immediate and long-term effects of a workplace injury, which may include the following:

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Medical Benefits

In New York, injured workers are entitled to all necessary and reasonable medical care related to their work-related injury or illness. This includes doctor visits, diagnostic tests, surgeries, prescriptions, and medical devices. Except in emergencies, treatment must be provided by a healthcare provider authorized by the New York State Workers’ Compensation Board (WCB).

Wage Replacement

In New York, if a work-related injury or illness prevents you from working for more than seven calendar days, you may be eligible to receive wage replacement benefits. These benefits are typically two-thirds of your average weekly wage, up to a maximum set by the state, and are calculated based on the degree of your disability (total or partial, temporary or permanent).

Disability Payments

Under New York’s workers’ compensation system, disability payments are available to employees who suffer a work-related injury or illness that results in a loss of earning capacity. These benefits are classified into four categories, depending on the nature and extent of the disability:

• Temporary Total Disability (TTD) – For workers who cannot work for a limited period.
• Temporary Partial Disability (TPD) – For workers who can return to work but only in a limited capacity or reduced hours.
• Permanent Total Disability (PTD) – For injuries that permanently prevent any gainful employment.
• Permanent Partial Disability (PPD) – For lasting impairments that do not completely prevent employment.

The amount you receive is generally two-thirds of your average weekly wage, multiplied by your percentage of disability, and subject to maximum and minimum limits set by the Workers’ Compensation Board.

Death Benefits

If a worker dies due to a job-related injury or illness, their surviving dependents may be entitled to weekly cash benefits. These benefits are typically calculated as two-thirds of the deceased worker’s average weekly wage, subject to a maximum amount set by the state. Eligible dependents include the surviving spouse, minor children, and other family members who were financially dependent on the worker at the time of death.

Filing a Workers’ Compensation Claim in NY

Filing a workers’ compensation claim in New York involves several steps to receive benefits. Timely and accurate action at each stage can significantly impact the outcome of your claim.

• Seek medical attention. Your health comes first. Tell your approved healthcare provider your condition is work-related. Be sure to keep all medical records, which will be critical for your claim.

• Notify your employer. You must provide written notice within 30 days of the incident. Include as many details as possible, such as the date, time, and nature of the injury, and notify your employees if witnesses were present.

• File Form C-3: Submit the Employee Claim Form directly to the New York State Workers’ Compensation Board within two years of the date of injury—or from the date you became aware that your condition is work-related. Prompt filing is crucial to avoid delays in processing your claim and receiving benefits.

• Provide documentation. Additional forms and records, such as Form C-4 (Doctor’s Report), wage statements, and medical records, support your claim. Always keep copies of all submitted documents for your records.

Claims are reviewed by both the WCB and the employer’s insurance carrier. If approved, benefits will begin shortly. Forms and filing tools are available on their website.

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What if My Workers’ Comp Claim Is Denied or Delayed?

In New York, injured workers may encounter challenges such as denied or delayed claims. However, the law provides avenues to address these issues. If this has happened to you, understanding common reasons and the steps to appeal can be crucial.

Common Reasons for Claim Denials or Delays

• Missed Deadlines or Lack of Notice: Failing to report the injury to your employer within 30 days or not filing a claim with the Workers’ Compensation Board (WCB) within two years can lead to denial.
• Insufficient Medical Evidence: Claims may be denied if medical records do not adequately link the injury to your job or lack detailed documentation.
• Disputes About Work-Related Cause: Employers or insurers might argue that the incident did not occur during work hours or was unrelated to job duties.
• Pre-existing Condition Allegations: Insurers may claim the injury resulted from a prior condition rather than current work activities.

Why a Workers’ Compensation Lawyer in NYC Matters to Your Claim

Navigating a denied workers’ compensation claim in New York is often stressful and time-consuming. A skilled workers’ compensation lawyer can make all the difference in securing the benefits you deserve.

An attorney can do the following:

• Identify the Reason for Denial: An experienced attorney can review your claim and the denial letter to pinpoint the exact reasons for denial. They will explain the legal and procedural issues involved, empowering you to make informed decisions about your case.
• Compile Medical Evidence: Lawyers are adept at gathering and presenting persuasive medical evidence. They can work with your healthcare providers to obtain accurate, detailed documentation that supports the connection between your injury and your employment.
• Representation at Hearings and Appeals: Workers’ compensation disputes in New York often proceed to hearings before a Workers’ Compensation Law Judge. An attorney will represent you throughout the hearing and appeals process, advocating on your behalf and ensuring procedural rules are followed.
• Negotiate with Insurance Carriers: Insurance companies may attempt to reduce or deny benefits. A lawyer can negotiate directly with them, seeking the full extent of benefits to which you are legally entitled.
• Provide Legal Guidance Throughout the Process: From filing the initial claim to pursuing appeals, a workers’ compensation attorney can guide you through every stage, ensuring compliance with legal deadlines and procedural requirements.

Navigating the workers’ compensation system can be overwhelming, especially when coping with a serious injury.

Can I Sue My Employer or a Third Party?

In most cases, you cannot sue your employer for a work-related injury because workers’ compensation is your exclusive remedy. However, you may sue your employer if they intentionally caused your injury, failed to carry workers’ compensation insurance, or engaged in egregious misconduct beyond normal negligence.

Third-Party Liability Claims

In New York, if someone other than your employer—like a contractor, property owner, or equipment manufacturer—caused your workplace injury through negligence, you may file a third-party personal injury claim to seek additional compensation beyond workers’ comp.

Additional compensation from a third-party claim may include full lost wages, pain and suffering, and other damages not covered by workers’ compensation.

Can You Receive Workers’ Compensation and File a Lawsuit?

Yes, in New York, you can receive workers’ compensation benefits and also pursue a third-party personal injury lawsuit if another party (not your employer) was responsible for your injury. However, any recovery from the lawsuit may be subject to a lien or offset to reimburse the workers’ compensation insurer. Consulting a knowledgeable attorney is essential to understanding how these claims interact and to protect your full rights.

Get Answers About Your Work Injury at No Cost

When you suffer a workplace injury in Manhattan, the Bronx, Long Island, Brooklyn, or elsewhere in the general NYC metropolitan region, please contact us. You can speak directly with one of our experienced construction accident lawyers to improve your chances of reimbursement for your medical bills. We can also help recover the largest available workers’ compensation payments to replace your lost wages and other expenses.

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