Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who is covered by workers compensation in New York?
Nearly all NY employees—full-time, part-time, and seasonal—are covered from day one of employment. Employers with one or more employees are required by law to carry workers’ comp insurance under NY Workers’ Compensation Law §10. Independent contractors are generally not covered, though misclassification is common and worth challenging with an attorney.
What benefits does NY workers’ comp provide?
New York workers’ comp covers all necessary medical treatment related to your injury at no cost to you, plus wage replacement equal to two-thirds of your average weekly wage, capped at the state maximum (updated annually by the Workers’ Compensation Board). If a workplace injury causes permanent disability, you may also qualify for a scheduled loss-of-use award or ongoing benefits.
How do I file a workers’ compensation claim in New York?
Report your injury to your employer in writing within 30 days—missing this deadline can jeopardize your claim. You must then file a C-3 Employee Claim form with the NY Workers’ Compensation Board within two years of the injury or the date you knew the injury was work-related. Seeking immediate medical treatment from an authorized provider and documenting everything strengthens your claim.
Can I also sue my employer or a third party after a workplace injury in NY?
Workers’ comp is generally your exclusive remedy against your employer, meaning you cannot sue them in civil court. However, if a third party—such as a contractor, equipment manufacturer, or property owner—caused or contributed to your injury, you may file a separate personal injury lawsuit. NY’s three-year statute of limitations (CPLR §214) applies to third-party claims, so consulting an attorney promptly is critical.