Your rights, your benefits, and what to do next after a workplace injury in New York.
Every day, workers across New York suffer everything from sudden accidents to repetitive stress injuries. According to the U.S. Bureau of Labor Statistics (BLS), private industry employers in New York reported 2.3 nonfatal workplace injuries and illnesses per 100 full-time equivalent workers in 2022. Industries employing primarily low-wage and immigrant workers are particularly affected. While employers are legally required to provide a safe workplace, accidents still happen, and when they do, workers’ compensation laws are designed to protect you.
But what exactly are your rights? How long can you receive benefits? And what if your employer isn’t playing fair? In this guide, we’ll walk you through how workers’ compensation works in New York, what it covers, and when you might need to take legal action.
What’s in This Guide
- What Should I Do if I’m Hurt at Work?
- How Does Workers’ Compensation Work in New York?
- What Are the Rules for Workers’ Compensation?
- How Long Can You Be on Workers’ Comp?
- Does Workers’ Comp Cover Pain, Suffering, or Lost Wages?
- What About New York Labor Laws 200, 240, and 241?
- Does My Employer Have to Hold My Job?
- Who Is Exempt From Workers’ Compensation?
- What If My Doctor Clears Me for Work but I’m Still in Pain?
- When Should You Call a Brooklyn Workers’ Compensation Lawyer?
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What Should I Do if I’m Hurt at Work?
If you’re injured on the job, acting fast is critical.
- Report the injury immediately. In New York, you generally have 30 days to report a workplace injury, but the sooner, the better. Document everything—write down when, where, and how it happened.
- Seek medical care. You’re entitled to see a doctor for your work-related injuries. Follow the treatment plan and keep copies of all medical reports.
- File a workers’ compensation claim. Your employer’s insurance should be notified, but you’re also responsible for filing Form C-3 with the New York State Workers’ Compensation Board.
- Avoid signing anything without advice. Employers or insurance companies sometimes push injured workers into quick settlements that may not cover the full scope of their workers’ compensation injuries.
How Does Workers’ Compensation Work in New York?
Workers’ compensation is a no-fault insurance system, meaning you can receive benefits even if the injury was partially your fault. It typically covers:
- Medical treatment for your work injury
- Partial wage replacement if you’re unable to work
- Disability benefits if you can’t return to your job
- Death benefits for families of workers killed on the job
However, workers’ compensation laws also limit your ability to sue your employer directly, except in rare cases of intentional harm or extreme negligence. This “exclusive remedy” provision is a cornerstone of New York’s Workers’ Compensation Law, specifically Section 11, which states that an employer’s liability under Section 10 is “exclusive and in place of any other liability whatsoever.”
What Are the Rules for Workers’ Compensation?
In New York, most employers are required to carry workers’ comp insurance. Some key rules include:
- You must be classified as an employee (not an independent contractor).
- You must report the injury within 30 days.
- You have two years to file a claim with the Workers’ Compensation Board.
- You must see an authorized medical provider for treatment.
Failing to follow these rules can result in delays or denials in your claim.
How Long Can You Be on Workers’ Comp?
It depends on the severity of your injury.
- Temporary injuries: You can receive benefits as long as your doctor says you’re unable to work.
- Permanent partial disabilities: You may receive benefits for a set number of weeks based on your disability rating.
- Permanent total disabilities: Benefits may continue for life.
A work injury lawyer can help you understand how long your benefits should last and challenge an unfair cutoff.
Does Workers’ Comp Cover Pain, Suffering, or Lost Wages?
- Lost wages: Yes. Workers’ comp typically pays two-thirds of your average weekly wage, up to a set maximum. Effective January 1, 2025, the minimum workers’ compensation weekly benefit in New York increased to $325 per week, up from $275 in 2024. This minimum will be indexed to the New York State Average Weekly Wage starting July 1, 2026, according to General Hochul’s office.
- Pain and suffering: No. Workers’ comp does not cover non-economic damages like pain, mental distress, or loss of quality of life.
However, if a third party (like an equipment manufacturer or subcontractor) caused your injury, you may be able to file a separate personal injury lawsuit for pain and suffering.
What About New York Labor Laws 200, 240, and 241?
Here’s where things get important for construction and jobsite injuries in Brooklyn.
- Labor Law 200 requires property owners and general contractors to provide a safe work environment. If unsafe conditions caused your injury, you may have grounds for a lawsuit beyond workers’ comp.
- Labor Law 240 (Scaffold Law) protects workers injured in gravity-related accidents, like falling from ladders, scaffolds, or other heights. If this applies, you can pursue a claim directly against the owner or contractor, even if you already received workers’ comp benefits.
- Labor Law 241(6) covers specific safety violations on construction sites. If a site failed to meet state safety codes and you were injured as a result, you could sue for damages beyond workers’ comp.
Why this matters:
Workers’ comp limits you to medical care and partial wages. But these labor laws allow you to seek full compensation—including pain and suffering—when negligence is involved.
Does My Employer Have to Hold My Job?
Not necessarily. Workers’ comp laws don’t require employers to keep your position open forever. However:
- Your employer cannot fire you for filing a claim—that’s retaliation, and it’s illegal.
- Some employers will hold your job under the Family and Medical Leave Act (FMLA) if you qualify.
If you’re worried about job security, speak with a lawyer before returning to work or signing any agreements.
Who Is Exempt From Workers’ Compensation?
Most employees are covered, but some may be exempt, including:
- Independent contractors
- Volunteers (with exceptions)
- Certain domestic workers
- Certain religious workers
If you’re unsure of your status, a Brooklyn workers’ compensation attorney can help clarify.
What If My Doctor Clears Me for Work but I’m Still in Pain?
This is common. If you’re cleared for “light duty” or full duty but still struggling, you have options:
- Get a second medical opinion from another authorized provider.
- Request a hearing with the Workers’ Compensation Board to dispute the decision.
- Document all ongoing symptoms and limitations.
Don’t feel forced back to work if you’re not physically ready.
When Should You Call a Brooklyn Workers’ Compensation Lawyer?
- Your claim is denied or delayed.
- You’re being pressured to return to work too soon.
- You’re unsure about a settlement offer.
- You suspect employer retaliation.
- A third party may be liable for your injury.
Having an experienced lawyer ensures you get all the benefits you’re entitled to—and nothing less.
Need Help With a Workers’ Comp Claim in Brooklyn?
Chaikin Trial Group fights for injured workers across Brooklyn and all five boroughs. Whether you’re dealing with a denied claim, an employer who’s giving you the runaround, or you just don’t know where to start, we’re here for you.
If your claim is workers’ comp, we can refer you to the right lawyer. If your claim is a work injury but not workers’ comp related, we can represent you. Reach out to us to learn what kind of case you have.
Contact us for a free consultation.
