Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What does workers' compensation cover in New York?
In New York, workers' compensation covers all reasonable and necessary medical treatment for a work-related injury or illness, along with cash benefits replacing a portion of lost wages. Permanent disability, temporary disability, and death benefits for surviving family members are also available under the New York Workers' Compensation Law.
Do I need to prove my employer was at fault to collect workers' comp in NY?
No. New York workers' compensation is a no-fault system, meaning you are entitled to benefits regardless of who caused the accident. However, benefits are generally the exclusive remedy — meaning you typically cannot also sue your employer in civil court, unless intentional misconduct or a third party was involved.
How long do I have to file a workers' comp claim in New York?
You must notify your employer of a work injury within 30 days under NY Workers' Compensation Law Section 18. A formal claim with the Workers' Compensation Board must generally be filed within two years of the injury or last payment of compensation. Missing these deadlines can bar your claim entirely.
Can I sue a third party in addition to filing a workers' comp claim in NY?
Yes. If a third party such as a negligent driver, equipment manufacturer, or another contractor on a job site caused or contributed to your injury, you may pursue a separate personal injury lawsuit under CPLR Section 214, which provides a three-year statute of limitations. A successful third-party recovery may require reimbursing the workers' compensation carrier, but total compensation can significantly exceed WC benefits alone.