What is Workers' Compensation?

Workers' Compensation is insurance paid for by your employer that provides cash benefits and/or medical care for workers who are injured or become ill as a result of their job.

What kind of jobs are covered by Workers' Compensation?

Almost every type of employment is covered by the New York State Workers' Compensation Law. There are a few exceptions, including New York City police officers, firefighters, sanitation workers and teachers, federal government employees and clergy. If you have any doubts about whether you are covered, you should call one of our attorneys.

How long do I have to work for my employer to be covered by Workers' Compensation?

You are covered the moment you begin your employment. There is no waiting period for coverage.

How long do I have to file a Workers' Compensation Claim?
You generally have 2 years from the date of accident or knowledge of the injury to file your claim with the Workers' Compensation Board. Simply notifying your employer is not sufficient. You should contact one of our attorneys to discuss the exceptions to this rule if you feel you have missed a deadline.


Do I have to tell my boss about my accident?

You should notify your supervisor immediately, or as soon as possible, after your accident. The employer must then file an Accident Report with his insurance carrier and the Workers' Compensation Board.

What kind of injuries are covered by Workers' Compensation?

Almost any type of physical injury or mental illness caused by your work is covered. This obviously includes broken bones, and all types of sprains and muscle strains. Many times employees fail to realize that Workers' Compensation also covers other types of work-related injuries, such as loss of hearing or vision, lung injuries, heart attacks, strokes, hernias, disfiguring scars, injuries caused by repeated strain and occupational diseases.

What if I have a pre-existing injury?

An pre-existing will not affect your right to recover benefits. An aggravation of an earlier injury is covered by Workers' Compensation. This is true even if the earlier injury was not work related or if no Workers' Compensation Claim was filed for the old injury.

What if I am killed or die as the result of an injury or illness associated with my work?

If this should happen, your spouse and minor children are entitled to weekly compensation benefits. If you have neither a spouse nor children, then your estate may be eligible for a lump sum payment of $50,000.00, plus the cost of funeral expenses.

Is "hearing loss" covered by Workers' Compensation?

Yes. An employee who has been exposed to loud noises in the workplace is entitled to Workers' Compensation benefits for a partial or total loss of hearing. This includes the cost of a hearing aid when necessary. There are strict filing deadlines on "loss of hearing" claims, so you should contact an attorney as soon as possible.

Is an injury or damage to the lungs covered by Workers' Compensation?

Yes. A worker that has suffered injury to the lungs by exposure to harmful substances associated with the workplace, such as dust, fumes, smoke or chemicals, may be entitled to medical care and cash benefits.

Are heart attacks and strokes covered by Workers' Compensation?

Yes. A heart attack or stroke caused by the physical or mental stress of employment is generally covered by Workers' Compensation. Even if you had a prior heart condition that was not related to your work, you may be entitled to Workers' Compensation benefits if that condition was aggravated or made worse by your employment.

Who will pay my medical bills?

Your employer's insurance company is responsible for all reasonable and necessary medical charges connected with your on-the-job injury. This includes hospitals, physicians, ambulance charges, x-rays, crutches, physical therapy and prescription charges. There is no deductible and you do not pay any of the medical costs. All of your medical expenses are paid if the care is reasonable, necessary and associated with your injury. In addition, you are entitled to reimbursement for mileage expenses associated with your medical care.

Can I choose my own doctor?

Yes. As long as the doctor or other medical professional is authorized to treat Workers' Compensation patients. A few employers in New York State offer a managed care plan for Workers' Compensation injuries, but the employee can always "opt out" of the plan after 30 days and choose a different doctor.

Is treatment by a chiropractor covered by Workers' Compensation?

Yes. Chiropractic care is covered by Workers' Compensation in New York. Our office has been able to obtain lifetime chiropractic care for many of our clients who have neck and back injuries.

What if I need medical care in future years?

If your Workers' Compensation Claim is properly handled, your right to medical care in future years can be protected. The right of an injured worker to reasonable and necessary medical attention, may be the most valuable benefit provided by Workers' Compensation law. Great caution should be exercised in entering into any agreement that requires you to give up the valuable right to medical care in future years. Be absolutely certain you are aware of all your rights before you consider signing a release or entering a final settlement. This is an area of the law where the advice of an attorney experienced in Workers' Compensation law is extremely important. Call one of our attorneys today before you sign away your right to future medical care, or allow your case to be closed.

When will my weekly benefits begin?

If you are out of work for 14 days or more, cash benefits are payable from the first day you are out of work. Unfortunately, insurance carriers frequently delay the first payment while the case is "under investigation". Claimants often times hire our firm to expedite their payments when insurance companies delay payments.

How much will my weekly income benefits be?

The amount of weekly benefits you receive during your period of disability is based on the average weekly wage you were earning at the time of your injury. Initially, you should receive approximately 2/3 of your wages, not to exceed $400 per week. An attorney, experienced in Workers' Compensation matters, can assist you in determining benefits.

Do I need an attorney?

You are not required by law to have an attorney represent you. However, without a lawyer, you will have to negotiate on your own directly with an insurance company lawyer and a Workers' Compensation Law Judge. The best way to be sure that you receive each and every benefit provided by law, is to have the help of an attorney who understands Workers' Compensation law and is interested in your rights.

How much does an attorney charge?

You pay a legal fee only if you recover benefits. A fair and reasonable fee will be determined by a Workers' Compensation Law Judge and deducted from your benefits. You never have to pay an attorney directly.

Will I have to go to court?

Most likely you will have at least a few hearings at a convenient district office of the New York State Workers' Compensation Board.

Can I be fired for filing a claim?

No. Under New York Law an employer may not fire or otherwise discriminate against an employee for filing a Workers' Compensation Claim. However, an employer may replace an employee who cannot return to the job if the position needs to be filled for business reasons.