Getting hurt at work can affect your health, your income and your peace of mind. Many people do not realize how much protection New York law gives injured workers, or that those protections apply in most cases no matter who was at fault. Knowing your rights from the start makes it easier to spot when something is wrong with how your claim is being handled.
If you were just injured and need a step-by-step checklist, start with our guide on what to do after a workplace injury in New York. This article covers the bigger picture: who is covered, what benefits exist, and the rights you keep throughout the process.
Who is covered by workers’ compensation in New York?
Almost every employer in New York is required to carry workers’ compensation insurance, including small businesses, restaurants, cleaning companies, contractors and household employers who meet certain hours. In general, coverage applies to:
- full-time, part-time and seasonal employees,
- workers paid in cash or “off the books,” and
- workers regardless of immigration status.
Some people are told they are “independent contractors” when the way they actually work looks a lot more like employment. If you take direction from one company, use their tools and work their schedule, you may still be considered an employee for workers’ compensation purposes. That question depends on the facts, so it is worth asking about.
What kinds of injuries are covered?
Workers’ compensation is not limited to dramatic accidents. Covered conditions can include:
- Sudden accidents such as falls from ladders or scaffolds, slips on wet floors, being struck by objects, and machinery injuries.
- Repetitive stress injuries that build up over time, such as carpal tunnel syndrome or back and shoulder damage from lifting.
- Occupational illnesses caused by conditions at work, such as exposure to chemicals, dust or noise.
- Aggravation of a pre-existing condition when work makes an old injury significantly worse.
Injuries during your normal commute to and from work are usually not covered, but injuries while traveling for work, making deliveries or running errands for your employer often are.
The benefits you may be entitled to
Medical treatment
Treatment that is reasonable and necessary for your work injury, including doctor visits, physical therapy, tests, surgery and prescriptions, is generally paid by the insurance carrier. You should not have to pay these bills out of pocket. Outside of emergencies, treatment generally must come from a provider authorized by the Workers’ Compensation Board, and you have the right to choose that provider yourself in most situations.
Wage replacement
If your doctor says you cannot work, or can only work with restrictions, you may receive weekly cash benefits. These are generally calculated as two-thirds of your average weekly wage, adjusted for how disabled you are, and capped at a state maximum that changes each year. If you go back to light duty at lower pay, you may be eligible for reduced earnings benefits to help make up part of the difference.
Permanent injury awards
When an injury leaves lasting damage, New York may award additional compensation. A schedule loss of use award can apply to permanent loss of use of an arm, leg, hand, foot, eye or hearing. Injuries to the back, neck and other unscheduled body parts may lead to a permanent partial disability classification instead. These awards are often where the biggest disagreements with insurance companies happen.
Death benefits
If a worker dies from a job-related injury or illness, a surviving spouse, children or other dependents may be entitled to weekly benefits and funeral expenses.
Your rights during the claim
- The right to file a claim even if your employer discourages you or says it will “handle it.”
- The right to be free from retaliation. New York law prohibits firing or punishing a worker for filing a workers’ compensation claim.
- The right to a hearing before a Workers’ Compensation Law Judge if the insurer denies or disputes your claim.
- The right to appeal a decision you disagree with, within strict deadlines.
- The right to a representative. You can have a lawyer represent you, and fees are generally approved by the Board rather than charged upfront.
What if your employer had no insurance?
Some employers fail to carry the coverage the law requires. That does not necessarily leave you without benefits. In many cases, claims against uninsured employers can be pursued through the state’s Uninsured Employers Fund, and the employer may face serious penalties. These cases can be complicated for everyone involved, including business owners who did not realize they were out of compliance.
Can you sue for a work injury?
In most cases, workers’ compensation is your exclusive remedy against your own employer, which means you generally cannot sue your employer directly. But you may be able to bring a separate personal injury lawsuit against a third party whose negligence contributed to the injury. Common examples include:
- property owners and general contractors on construction sites, who may be responsible under New York’s Labor Law for certain falls and safety violations,
- manufacturers of defective tools, machines or safety equipment, and
- drivers who cause a crash while you are working.
A third-party case can include damages that workers’ compensation does not, such as pain and suffering.
Talk to someone who handles these cases every day
Villamar Law Group represents injured workers and families from offices in Jackson Heights, Queens and Hempstead, Long Island. If your claim was denied, your checks stopped, or you are not sure what you are owed, see our practice areas or contact us at (718) 750-5050 for a free consultation. Se habla español.
This article is general information, not legal advice. Every case is different, and laws and benefit amounts change. Speak with a lawyer about your specific situation.