New York Workers’ Compensation: Your Rights After a Workplace Injury
December 22, 2025
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?
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 injury, including doctor visits and hospital care, surgery and rehabilitation, physical therapy, prescription medications, and required medical equipment. Authorized treatment is covered with no co-pays.
Wage Replacement Benefits: If an 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.
Schedule Loss of Use (SLU) Awards: Certain permanent injuries, such as the loss or limited use of a body part like an arm, leg, or hand, may qualify for a lump-sum compensation award.
Death Benefits: If a worker dies as a result of a job-related injury or illness, surviving dependents may be eligible to receive death benefits.
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
Frequently Asked Questions
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.
Q5: What if the dog was a police or service dog?
Some strict liability protections don’t apply if the dog was performing official duties or reacting to threats.
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.
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.