A lifting injury at work can happen in an instant. A wrong twist, an unexpected loador one too many repetitive movements can sideline you for weeks or even longer. If you suffered a work injury in New York, the state’s workers’ compensation system exists to protect you. Understanding how it works can help you make the right decisions from the start.
You have the right to file a workers’ compensation claim
In New York, the law requires most employers to carry workers’ compensation insurance. If you sustained a job-related injury, you generally have the right to file a claim regardless of who was at fault. You do not need to prove your employer did anything wrong. Under state law, you have 30 days to notify your employer and two years to submit a formal claim.
You have the right to medical treatment and wage benefits
A successful workers’ compensation claim in New York generally covers two things:
- Medical treatment: Your employer’s insurance is responsible for paying for the care you need related to your injury, including doctor visits, imaging and physical therapy.
- Wage replacement: If your injury prevents you from working, you may be entitled to benefits calculated at two-thirds of your average weekly wage from the 52 weeks before your injury, adjusted based on the extent of your disability, up to the state’s maximum weekly rate.
One thing worth knowing: wage benefits generally do not begin until after the first seven days of missed work, unless your disability lasts longer than 14 days.
You have the right to a settlement
Many workers’ compensation cases in New York end with a settlement rather than ongoing weekly payments. There are two main ways settlement can happen:
- Lump sum settlement: You receive a one-time payment that typically closes out your entire case, including both wage and medical benefits. In some situations, you can structure it to keep your medical benefits open. This type of settlement requires approval from the state Workers’ Compensation Board before it becomes final.
- Wage-only settlement: Resolves your wage claims while keeping your medical benefits active, so your treatment continues without interruption going forward.
Which path makes more sense depends on how serious your injury is and what your long-term needs look like.
You have the right to legal representation
Workers’ compensation claims in New York involve strict deadlines, documentation requirements and insurance tactics that can work against you. You have the right to an attorney throughout the process, and in most cases, you pay nothing out of pocket. Lawyer fees are approved by the Workers’ Compensation Board and deducted directly from your award.
Having someone in your corner who knows the system can make a real difference in what you ultimately recover.