Workers Compensation in New York
A workplace injury can throw your life into chaos. One moment, you’re focused on your job, and the next, you’re dealing with pain, medical bills, and the stress of lost income. How will you pay your expenses while you recover? What if you can’t return to work right away—or at all?
New York’s workers’ compensation system is designed to provide financial and medical support to employees who suffer job-related injuries or illnesses. These benefits cover medical care, replace lost wages, and even offer job retraining if you can’t return to your previous role.
However, getting these benefits isn’t always simple. Insurance companies may delay claims, challenge the severity of your injuries, or deny coverage altogether. Knowing your rights and taking the proper steps after an injury is key to securing the compensation you deserve.
This guide breaks down New York’s workers’ compensation system, the actions you should take after a workplace injury, and how an experienced attorney can help ensure you receive the benefits you’re entitled to.
Workers Compensation Statistics in New York?
Workplace injuries continue to impact thousands of workers across New York every year. In 2023, private-sector employers reported approximately 138,200 nonfatal workplace injuries and illnesses, resulting in an incidence rate of 2.5 cases per 100 full-time employees—just below the national average.
Certain industries in New York report higher rates of injury:
- Construction: A high-risk sector with an incidence rate of 3.8 per 100 workers, where falls from heights, machinery accidents, and structural failures are common.
- Healthcare and Social Assistance: With an injury rate of 4.1 per 100 employees, frequent injuries include lifting strains, repetitive motion disorders, and workplace violence.
- Manufacturing: With an incidence rate of 3.6 per 100 workers, common hazards include equipment-related injuries, exposure to harmful chemicals, and repetitive strain injuries.
The most commonly reported workplace injuries in New York include:
- Slip-and-Fall Accidents: A leading cause of fractures, concussions, and sprains.
- Overexertion Injuries: Often caused by lifting, pushing, or pulling heavy objects.
- Repetitive Stress Disorders: Such as carpal tunnel syndrome, tendonitis, and chronic joint pain from repetitive movements.
With the average cost of a medically consulted workplace injury at $42,000 nationwide, workers’ compensation benefits are critical for employees who face unexpected medical expenses and lost wages.
How Does Workers Comp Work in New York?
New York’s workers’ compensation system is designed to ensure that employees injured on the job receive medical treatment and financial support while they recover. To qualify, your injury or illness must be directly related to your job duties or workplace conditions.
Most New York employers with at least one employee are required to carry workers’ compensation insurance. The benefits available to injured workers include:
- Medical Treatment: Covers hospital stays, doctor visits, surgeries, prescription medications, and physical therapy.
- Temporary Total Disability (TTD): If you cannot work due to your injury, you can receive two-thirds of your average weekly wage, subject to a state-mandated cap.
- Temporary Partial Disability (TPD): If you can work in a reduced capacity, TPD benefits compensate for lost earnings.
- Permanent Partial or Total Disability (PPD/PTD): Provides compensation for long-term impairments caused by workplace injuries.
- Vocational Rehabilitation: Offers job retraining services if your injury prevents you from returning to your previous occupation.
- Death Benefits: Provides financial assistance to dependents and covers funeral expenses if a workplace injury results in death.
Wage replacement benefits typically begin after a seven-day waiting period and continue until you reach maximum medical improvement (MMI) or return to work.
Every business must have workers’ compensation insurance, except for people who are volunteers, religious employees, or independent contractors. The New York Workers’ Compensation Board provides full details on exemptions and how they work for particular industries.
Once you are approved, beneficiaries on workers’ comp receive bi-weekly cash payments that equal ⅔ of your average salary for the last year.
Get Medical Attention
After suffering a workplace injury, getting medical care should be your top priority. Seeking treatment protects your health and creates a medical record linking your injury to your job—an essential factor in your workers’ compensation claim.
You have the right to choose your doctor in New York, but they must be authorized by the New York Workers’ Compensation Board (WCB). If your employer’s insurance carrier has a preferred medical provider network (MPN), you may be required to select a provider within that network for your initial treatment.
Even if your injury seems minor, don’t delay treatment. Some conditions, like repetitive motion injuries or soft tissue damage, can worsen over time and make it harder to prove your job caused them.
Keep records of all medical visits, prescriptions, and treatment plans. These records will be critical if your claim is disputed or you need to request additional benefits.
File a First Report of Injury
Once you’ve received medical care, the next step is notifying your employer about the injury. New York law requires employees to report workplace injuries within 30 days of the incident. Failing to report within this timeframe could jeopardize your eligibility for benefits.
Your employer is responsible for filing a First Report of Injury (Form C-2F) with their workers’ compensation insurance provider and the New York Workers’ Compensation Board (WCB). This report should include:
- The date, time, and location of the injury.
- A detailed account of how the injury occurred.
- Information regarding the medical treatment you’ve received so far.
The insurance carrier will review your claim and determine whether to approve your benefits. If there are disputes over your eligibility, you may be required to attend an Independent Medical Examination (IME).
New York has a two-year statute of limitations for filing a formal workers’ compensation claim. If you fail to take action within this period, you could lose your right to benefits.
New York has a seven calendar day waiting period before beneficiaries can receive payments. If the injuries are severe enough to justify permanent disability benefits, you can apply any time before they run out.
Why You Should Hire a Workers’ Compensation Lawyer
While New York’s workers’ compensation system is designed to support injured workers, insurance companies often look for ways to deny claims or minimize payouts. If you face delays, disputes, or an unfair settlement, an attorney can help you navigate the legal process and fight for the benefits you deserve.
A workers’ compensation lawyer can:
- Ensure your claim is filed correctly to avoid unnecessary delays or denials.
- Negotiate with insurance companies to maximize your compensation.
- Represent you in hearings before the New York Workers’ Compensation Board.
- Advocate for additional benefits, such as permanent disability compensation or vocational rehabilitation.
If your claim has been denied or your benefits have been cut off early, an attorney can help you appeal the decision and secure the financial support you need.
Work With an Experienced Local Lawyer in New York
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across New York state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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