New York Workers’ Compensation: Your Rights After a Workplace Injury
January 21, 2026
When Work Causes Harm
A workplace injury can disrupt every part of your life—your health, income, and sense of security. Whether the injury happens suddenly in an accident or develops gradually over time, New York workers’ compensation law exists to protect employees hurt on the job.
Workers’ compensation provides medical care and wage replacement without requiring injured workers to prove fault. Understanding how the system works, what benefits you are entitled to, and how to protect your claim is essential after a workplace injury.
What Is Workers’ Compensation in New York?
Workers’ compensation is a no-fault insurance system that provides benefits to employees who suffer job-related injuries or occupational illnesses.
Under New York law, most employers are required to carry workers’ compensation insurance. In exchange for guaranteed benefits, injured employees generally give up the right to sue their employer for negligence.
Workers’ compensation covers injuries that arise out of and in the course of employment, including physical injuries, repetitive stress conditions, and work-related illnesses.
Who Is Covered by New York Workers’ Compensation?
Most workers in New York are covered, including:
- Full-time and part-time employees
- Seasonal and temporary workers
- Construction workers
- Restaurant and hospitality workers
- Healthcare employees
- Domestic workers working 40+ hours per week
Independent contractors may not be covered, but many workers are misclassified. - Employment status depends on the level of control exercised by the employer—not job title alone.
Common Workplace Injuries Covered by Workers’ Compensation
Workers’ compensation in New York covers a wide range of injuries, including:
- Slips, trips, and falls
- Back, neck, and spinal injuries
- Traumatic brain injuries
- Broken bones and crush injuries
- Repetitive stress injuries (carpal tunnel, tendonitis)
- Exposure to toxic substances
- Construction site accidents
- Work-related stress and occupational diseases
Both sudden accidents and injuries that develop over time may qualify.
Benefits Available Under New York Workers’ Compensation
Medical Benefits: Injured workers may receive full coverage for all necessary medical treatment related to their work injury, including doctor visits and hospital care, surgery and rehabilitation, physical therapy, prescription medications, and required medical equipment. All authorized treatment is provided with no co-pays.
Wage Replacement Benefits: If the injury prevents you from working, you may be entitled to cash benefits equal to a percentage of your average weekly wage, subject to state maximum limits. These benefits may include Temporary Total Disability, Temporary Partial Disability, Permanent Partial Disability, Permanent Total Disability, and Schedule Loss of Use (SLU) Awards for certain permanent injuries.
Schedule Loss of Use (SLU) Awards: Workers who suffer permanent loss or loss of use of a body part, such as an arm, leg, or hand, may qualify for a lump-sum compensation award.
Death Benefits: If a work-related injury or illness results in death, surviving family members may be eligible to receive weekly benefit payments along with coverage for funeral expenses.
What Injured Workers Must Do to Protect Their Claim
Strict deadlines apply under New York workers’ compensation law.
Step 1: Notify Your Employer
You must notify your employer within 30 days of the injury or diagnosis.
Step 2: Seek Medical Treatment
Obtain medical care as soon as possible and tell the provider the injury is work-related.
Step 3: File a Claim
A workers’ compensation claim (Form C-3) must generally be filed within two years of the injury or the date you knew the condition was work-related.
Failure to meet deadlines can jeopardize your benefits.
Can You Be Denied Workers’ Compensation Benefits?
Yes. Claims may be denied for reasons such as:
- Employer disputes that the injury is work-related
- Missed reporting deadlines
- Allegations of intoxication or horseplay
- Pre-existing condition disputes
- Lack of medical evidence
A denial does not mean the end of your case. Injured workers have the right to hearings and appeals before the New York Workers’ Compensation Board.
Key Takeaways
- Workers’ compensation protects most New York employees injured on the job
- Benefits include medical care and wage replacement
- Strict reporting and filing deadlines apply
- Claims can be denied but are often appealable
- Third-party lawsuits may be available in some cases
Why You Should Talk to a New York Workers’ Compensation Lawyer After a Workplace Injury
Even though New York’s workers’ compensation system is designed to be no-fault, insurance carriers often delay, reduce, or deny benefits—especially in cases involving serious injuries, missed work, or long-term disability. An experienced New York workers’ compensation attorney can help you file your claim correctly and on time, challenge unfair denials or benefit reductions, ensure you receive proper medical and wage replacement benefits, and determine whether you may qualify for additional compensation due to permanent injury or disability.
At LFK Law Practice, P.C., we help injured New York workers understand their rights, navigate the workers’ compensation process, and fight for the full benefits they deserve after a workplace injury.
Contact us today for a free consultation, and let us handle the legal and insurance issues while you focus on your recovery.
Bottom Line
New York workers’ compensation laws exist to ensure injured employees receive medical care and financial support without having to fight their employers. However, the system is complex, deadlines are strict, and insurance carriers often challenge claims. Understanding your rights and acting promptly can make a significant difference in your recovery and financial stability.
Frequently Asked Questions (FAQs)
- Do I have to prove my employer was negligent?
No. Workers’ compensation is a no-fault system. - Can I choose my own doctor?
Yes, but treatment must be from a provider authorized by the New York Workers’ Compensation Board. - What if my employer doesn’t have insurance?
You may still be eligible for benefits through the Uninsured Employers Fund. - Can I be fired for filing a workers’ comp claim?
Retaliation for filing a claim is illegal under New York law. - What if I had a pre-existing condition?
You may still recover benefits if work aggravated or worsened the condition.
References
- New York Workers’ Compensation Law. New York State Senate.
- New York Workers’ Compensation Board. Claims, benefits, and medical treatment guidelines.
- New York Codes, Rules and Regulations (NYCRR). Workers’ compensation regulations.
- New York Pattern Jury Instructions—Civil. Employment and injury-related guidance.
- Occupational Safety and Health Administration (OSHA). Workplace injury standards.
