What are the workers’ compensation laws in New York?

New York state workers’ compensation laws are in place to protect employees who suffer from workplace injuries. They provide essential benefits to injured workers while establishing guidelines for employers and insurance carriers. A New York workers’ compensation lawyer from The Weinstein Law Group can help you understand the state’s workers’ compensation laws and get the compensation you need.

What is workers’ compensation?

Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. It’s designed to protect employees and employers by ensuring injured workers receive necessary medical care and financial support while minimizing the risk of costly lawsuits for employers. New York state workers’ compensation law details specific requirements for workers, employers, insurers, healthcare providers, and representatives.

Are employers in New York required to provide workers’ compensation coverage?

Yes, most businesses with one or more employees, including full-time, part-time, and seasonal workers, must provide workers’ comp coverage under New York workers’ compensation law. If they do not have this insurance, they can face substantial consequences.

What types of injuries or illnesses are covered by workers’ compensation in New York?

Workers’ compensation in New York covers most injuries and illnesses sustained while on the job, including those resulting from accidents, occupational diseases, and repetitive stress. Employees aren’t required to prove the cause of their accidents or injuries because workers’ compensation works under a no-fault system.

What benefits does New York workers’ compensation provide?

Workers’ comp benefits include medical treatment, wage replacement for lost income due to disability, vocational rehabilitation services, and death benefits for dependents in the event of a fatal work-related injury or illness.

Can you choose your doctor for treatment under workers’ compensation?

Yes, you have the right to choose your own treating physician for medical treatment related to your workers’ compensation claim, but there are certain limitations and requirements regarding your selection. The doctor you choose must be authorized by the WCB, except in emergency cases.

How do I file a workers’ comp claim in New York?

If you’re injured or become ill during work, you must report the injury or illness to your employer within 30 days of the incident or onset of symptoms. You must also file a claim with the WCB online, by mail, or in person.

Can I be fired for filing a workers’ compensation claim?

No. New York law prohibits employers from retaliating against employees for filing workers’ comp claims.

What should I do if my New York workers’ compensation claim is denied?

Under New York law, you can challenge the denial of your claim through the workers’ compensation appeals process. An experienced workers’ compensation attorney in New York can help you complete the required steps, which begin with filing a claim with the WCB and attending a hearing. Appealing further denials may include requesting a review by the Appeal Board or a New York State court.

Can workers’ compensation stop my payments without notice?

New York workers’ compensation carriers are typically required to provide you with notice before suspending or terminating your benefits. You should receive written notification explaining the reasons for the proposed suspension or termination and informing you of your rights to challenge the decision through the appeals process.

Contact a New York workers’ compensation lawyer for help

If you have questions about workers’ compensation laws in New York or need assistance with the workers’ comp claim or appeal, don’t hesitate to contact our team at The Weinstein Law Group, PLLC. Call us at (212) 741-3800 to schedule a free consultation. We’ll walk you through each step of the workers’ comp process, ensuring your claim is filed correctly and you get the compensation you’re entitled to under the law.