Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What mental health conditions qualify for workers’ comp in New York?
NY Workers’ Compensation Law covers psychiatric conditions like PTSD, anxiety disorders, and depression when caused or aggravated by work. The condition must be tied to a specific work-related incident or an extraordinary work stressor — ordinary job pressures like a difficult boss or heavy workload generally do not qualify under NY law.
What does NY workers’ comp cover for mental illness vs. a personal injury lawsuit?
Workers’ comp is a no-fault system that pays for medical treatment and partial wage replacement (up to two-thirds of your average weekly wage, subject to the state maximum) regardless of employer negligence. A personal injury lawsuit is not available against your employer for on-the-job injuries in NY — workers’ comp is the exclusive remedy — but it may apply if a third party’s negligence caused your psychiatric harm.
How do you prove a mental illness workers’ comp claim in New York?
You need a diagnosis from a licensed psychiatrist or psychologist and medical evidence linking your condition to a specific work event or ongoing workplace conditions. NY courts have recognized claims for PTSD following workplace violence, accidents, or witnessing traumatic events — but the standard is higher than for physical injuries, and independent medical exams are common.
What is the deadline to file a mental illness workers’ comp claim in New York?
You have two years from the date of the injury or the date you knew (or should have known) your condition was work-related to file a claim with the NY Workers’ Compensation Board. For psychiatric conditions that develop gradually, the clock typically starts when a doctor connects your diagnosis to work — but do not wait, as delays hurt your credibility.