Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What does NY workers’ comp cover vs. a personal injury lawsuit?
NY workers’ comp is a no-fault system that pays medical bills and wage replacement (2/3 of your average weekly wage, up to the state maximum) regardless of who caused the accident. A personal injury lawsuit, by contrast, requires proving someone else’s negligence but can recover pain and suffering, full lost wages, and other damages — workers’ comp does not cover those. In most on-the-job injuries, workers’ comp is your exclusive remedy against your employer, though you may still sue a negligent third party.
When is it too late to file a workers’ comp claim in New York?
New York requires you to notify your employer of a workplace injury within 30 days and file a workers’ comp claim with the NY Workers’ Compensation Board within 2 years of the accident or last payment of compensation. Missing these deadlines can permanently bar your claim, which is one reason early legal help matters.
Do I need a lawyer if my NY workers’ comp claim is approved?
Not always — but a lawyer becomes critical if your benefits are reduced or terminated, if the insurer challenges your medical treatment, or if you’re offered a settlement (Section 32 waiver agreement). Settlements under NY workers’ comp are permanent and cannot be reopened, so having an attorney review any offer before you sign protects your long-term interests.
Can I be fired for filing a workers’ comp claim in New York?
It is illegal under New York law for an employer to retaliate against you for filing a workers’ comp claim. If you are fired, demoted, or harassed after reporting a workplace injury, you may have a separate retaliation claim. An attorney can help you document retaliation and pursue additional legal remedies beyond your comp benefits.