WORKERS' COMPENSATION

As New Yorkers, we pride ourselves on working long, hard hours to earn a living. Unfortunately though, accidents can happen at any time. If you have been injured or become sick as a result of your job, you may be entitled to workers’ compensation.

WHAT IS WORKERS' COMPENSATION?

Workers’ compensation is a program that provides wage benefits and medical benefits if you are unable to work or if you are earning less because of your injuries or illness. Your employer is responsible for having workers’ compensation insurance coverage and can face stiff penalties and fines without it under New York state law. 

You can file a workers’ compensation claim regardless of who was at fault for how the accident or illness occurred. However, the workers’ compensation board can deny your claim if you were intoxicated, on drugs, or if you intentionally harmed yourself or someone else.

Workers’ compensation benefits are only available through your employer. However, if you believe another party, otherwise known as a third-party, is responsible for causing your accident or illness, talk to us immediately about starting a separate action for a possible personal injury lawsuit.

WHAT STEPS ARE NECESSARY TO FILE A WORKERS' COMPENSATION CLAIM?
  • You must seek medical attention immediately;
  • You must notify your employer within 30 days of the accident;
  • You must file a claim within two years from the date of accident or when you first received medical attention for an illness as a direct result of your job.
COMMON WORKPLACE ACCIDENTS CAN INCLUDE:
  • Falls from a height and falling objects;
  • Construction accidents;
  • Heavy machinery and work equipment accidents;
  • Trip, slip and fall accidents;
  • Driving accidents;
  • Delivery worker accidents;
  • Healthcare facilities and nursing homes;
  • Warehouses and factories;
  • Restaurant and hospitality businesses;
  • Exposure to toxic substances and dangerous chemicals;
  • Negligent employers or co-workers;
SERIOUS INJURIES OR ILLNESSES THAT HAPPEN AT WORK:
  • Fractured bones;
  • Soft tissue injuries;
  • Repetitive stress injuries;
  • Head and traumatic brain injuries;
  • Neck injuries;
  • Back injuries;
  • Arm and shoulder injuries;
  • Wrist, hand, and finger injuries;
  • Hip, leg and knee injuries;
  • Foot and ankle injuries;
  • Lung and breathing conditions;
  • Heart and blood circulation conditions;
  • Paralysis or death.
Workers in a warehouse or factory.
RESOURCES FROM THE NEW YORK STATE
WORKERS' COMPENSATION BOARD WEBSITE:

For more on how the workers’ compensation process works, check out the resources from the New York State Workers’ Compensation Board: