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

On Behalf of | Mar 29, 2023 | Workers' Compensation

In New York state, workers’ compensation is considered a no-fault system, which means that injured workers don’t have to prove that their employer was negligent. As long as the injury occurred at work, workers’ compensation should provide benefits for medical care. Nearly every business that is either for-profit or nonprofit must provide workers’ compensation insurance for all of their employees.

If you are not sure exactly what is covered by workers’ compensation insurance, it is the following:

  • All health care connected to your injury
  • Cash payments of two-thirds of your average wage per week, up to a maximum amount
  • Travel coverage to and from medical appointments

Do I have to pay for workers’ compensation insurance?

The law is that your employer is not allowed to charge employees for insurance. Additionally, you will not have any copayments for medical care. If you feel that you need to hire an attorney, the attorney will be paid out of your replacement wage compensation. You are not obligated to pay your attorney directly or pay the attorney a retainer from your accepted claim.

Am I eligible for workers’ compensation?

The following employees are eligible for workers’ compensation:

  • All employees who work for a for-profit business
  • Most nonprofit employees
  • New York state employees
  • Residency is irrelevant to workers’ compensation

If you are injured at work, you should take the following steps:

  • Get treatment immediately
  • Let your supervisor know about your injury and how it happened as soon as possible
  • File a C-3 with the Workers’ Compensation Board. Filing online should take you the least amount of time

Am I entitled to workers’ compensation?

If you live in New York state, you have the right to go after workers’ compensation if you have been injured at work. Workers’ compensation is your right, not a privilege and the guidance of a workers’ compensation attorney can help you to get back to the normal life that you deserve and to which you have a right.

It is possible that you may think that workers’ compensation means that you will be forced to sue your employer. That is not necessarily true and you deserve workers’ compensation if you are injured at work. It is the law and it is your right. On the other hand, if your injury was caused by someone else’s negligence, filing a lawsuit may be an option for you in addition to filing a claim for workers’ compensation benefits.