Workers in New York who suffer on-the-job injuries or occupational illnesses are typically protected under the state’s workers’ compensation system. These laws ensure that medical treatment and wage replacement are available to injured employees while also limiting employer liability. Here’s what you need to know.
Who Is Covered Under New York Law?
Nearly all employees in New York are covered, including:
- Full-time and part-time workers
- Temporary and seasonal workers
- Undocumented workers
Independent contractors and certain volunteers may not be eligible for benefits. However, misclassified workers may still qualify depending on the nature of the work and supervision involved.
Types of Injuries Covered
Workers’ comp in New York covers:
- Accidents and injuries at the workplace (e.g., slips, falls, equipment-related injuries)
- Repetitive stress injuries (e.g., carpal tunnel syndrome)
- Occupational diseases (e.g., mesothelioma, hearing loss)
- Mental injuries caused by physical trauma or extreme workplace conditions
Available Benefits
Injured workers may be entitled to:
- Medical care: All treatment, medications, and rehab services related to the injury
- Lost wages: Partial wage replacement for time missed from work
- Permanent disability benefits: Payments based on the severity and classification of the disability
- Vocational rehabilitation: Job training or retraining services
- Death benefits: Financial support for eligible surviving dependents
Benefit amounts are based on your average weekly wage and the level of disability.
Reporting Requirements and Deadlines
Timing matters:
- You must notify your employer within 30 days of the injury
- File Form C-3 with the New York State Workers’ Compensation Board within 2 years of the injury or diagnosis
Failing to meet these deadlines may result in lost benefits.
Choice of Doctor
You are free to choose any authorized healthcare provider listed with the New York Workers’ Compensation Board. However, certain diagnostic tests and surgeries require pre-authorization.
Disputes and Hearings
Disagreements may arise over:
- Whether your injury is work-related
- The extent of your disability
- The amount or duration of benefits
These disputes are handled through administrative hearings. You may request a hearing or appeal decisions with the Board. Legal help is often necessary to prepare and present your case.
Legal Help for Workers in New York
You can consult a workers’ compensation attorney if:
- Your claim is denied
- You are pressured to return to work early
- Your benefits are delayed or end suddenly
- You want to appeal a decision
New York law prohibits attorneys from charging upfront. Fees are awarded by the Workers’ Compensation Board if they help you win benefits.
Final Thoughts
Navigating the New York workers’ compensation process can be overwhelming, especially when you’re trying to heal. Knowing your rights, acting quickly, and seeking guidance can help you secure the financial and medical support you need.