Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What does NY workers’ compensation cover, and when does a lawsuit make more sense?
New York workers’ compensation covers medical treatment and partial wage replacement (two-thirds of your average weekly wage, up to the state maximum) regardless of fault. However, workers’ comp does not compensate you for pain and suffering. If a third party — such as a negligent contractor, equipment manufacturer, or property owner — caused your injury, you may be able to file a separate personal injury lawsuit to recover those additional damages.
What happens if my NY workers’ comp claim is denied?
If the Workers’ Compensation Board (WCB) or your employer’s insurer denies your claim, you have the right to a hearing before a WCB judge. An experienced attorney can gather medical evidence, subpoena records, and present your case at the hearing. Without legal representation, injured workers often accept inadequate settlements or lose winnable appeals.
Can I sue my employer directly for a workplace injury in NY?
In most cases, no. New York’s workers’ compensation system is the exclusive remedy against your employer, meaning you generally cannot sue them in civil court for a job injury. Exceptions exist for intentional harm or when a separate legal entity (not your direct employer) owns the worksite. A lawyer can identify whether any exception applies to your situation.
How long do I have to report a work injury and file a claim in NY?
You must report a workplace injury to your employer within 30 days of the accident. To file a formal claim with the NY Workers’ Compensation Board, you have two years from the date of injury or from the date you knew (or should have known) the injury was work-related. Missing these deadlines can permanently bar your benefits, so early legal guidance matters.