Filing a Worker’s Compensation Claim in New York:

In order to file a claim with an accident lawyer in New York City you first have to tell your employer as soon as possible you were injured. Then a compensation claim form needs to be filled out which will detail the injury, the location, time and how it occurred. Finally the form needs to go to your employer who will send it into the State Compensation Insurance Fund. You must file a claim within two years of the accident. You must also notify your employer if you are hurt on the job.

New York Worker’s Compensation Treatment:
Under certain circumstances, an insurance carrier may agree to pay for any form of treatment.  However, healing medicines that have been authorized in specific cases include massagesif performed by a board-authorized care-giver, biofeedback and acupuncture.

The employee selects initial physician from a list maintained by the state agency.

If you decide that you want representation in your New York Workers’ Compensation claim, you will never pay your attorney directly. In fact, under NY law, it’s illegal for a lawyer to accept fees directly from a client in a Workers’ Compensation case. Only the Workers Comp Judge can award an attorney’s fee.

The important thing is that you meet with someone experienced with workers comp cases and let them explain the workings of the Workers’ Compensation system. Then you can make a decision if you want to be represented.

New York Worker’s Compensation Benefits:
Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first work day off the job. Necessary medical care is provided no matter how short or how long the length of the disability.

Claimants who are totally or partially disabled and unable to work for more than seven days receive cash benefits. The amount that a worker receives is based on his/her average weekly wage for the previous year.

A worker who becomes seriously disabled, either permanently or for a continuous period of not less than 12 months, as a result of a medically determinable physical or mental impairment may be entitled to the payment of monthly Social Security benefits.

The injured or ill worker who is eligible for workers' compensation will receive necessary medical care directly related to the original injury or illness and the recovery from his/her disability. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency situation.

The cost of necessary medical services is paid by the employer or the employer's insurance carrier, if the case is not disputed. The health care provider may not collect a fee from the patient. When appropriate, claimants will be awarded reimbursement for automobile mileage to and from a health care provider's office.

If the worker dies from a compensable injury, the surviving spouse and/or minor children, and lacking such, other dependents as defined by law, are entitled to weekly cash benefits. The amount is equal to two-thirds of the deceased worker's average weekly wage for the year before the accident. The weekly compensation may not exceed the weekly maximum, despite the number of dependents.

If there are no surviving children, spouse, grandchildren, grandparents, brothers or sisters, parents or grandparents entitled to compensation, the surviving parents or the estate of the deceased worker may be entitled to payment of a sum of $50,000. Funeral expenses may also be paid, up to $6,000 in Metropolitan New York counties; up to $5,000 in all others.

New York Worker’s Compensation Waiting Period:
The waiting period for compensation benefits is 7 days after the injury has occurred.

Compensation is retroactive if disability continues for more than 14 days from the date of the injury.

New York Worker’s Compensation Contact Information:
Zachary S. Weiss, Chair
Workers’ Compensation Board
20 Park Street
Albany, NY 12207
 (877) 632-4996  (877) 632-4996
(Contact: Jon Sullivan)

NOTICE: These questions and answers concern New York law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.