New York Workers' Compensation: Fast Facts
Coverage Requirements Under New York State Law
All for-profit businesses with any employees must have New York workers' compensation insurance, with some exceptions. See which New York employees are usually exempt from this coverage requirement below.
Work-Related Injury or Illness Reporting Requirements
Notify your employer about your work-related illness or injury in writing immediately. You must report it in writing within 30 days in order to qualify for New York workers' comp benefits. Your employer must then notify the state's Workers' Compensation Board and their insurer within 10 days of receiving your notice.
Where to Seek Medical Care
In emergency cases, head to the nearest ER, hospital, or clinic for urgent medical attention. You can choose any healthcare provider you prefer to treat you, provided they are a Board-authorized doctor. You can confirm this through the Health Care Provider Search feature that's available on wcb.ny.gov.
Waiting Period for Lost-Wage Benefits in New York
Your first 7 days off are always unpaid unless you cannot work at all for at least 2 weeks total. Once you're out for 15 days, workers' compensation covers partial lost wages for your first unpaid week off work. The insurance company must mail your first biweekly workers' compensation payment 18 days after you stop working. If you don't need at least a week off to recover, then workers' compensation only pays your medical bills.
New York Workers' Compensation Statute of Limitations
ou have two years from your work injury or illness diagnosis date to file for New York workers' compensation benefits.
New York Weekly Compensation Rate
You can receive 2/3 of your gross average weekly wage multiplied by the percentage you're disabled based on medical evidence. New York workers' compensation law sets those disability percentages at 100%, 75%, 50%, or 25%. This biweekly benefit pay amount is subject to the state's maximum and minimum benefit amounts that apply on your injury date.
How Long You Can Receive New York Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: no more than $12,500 for funeral and burial expenses, depending on the survivors' county of residence, plus weekly TTD payments until surviving spouse remarries or the youngest child turns 18
- Temporary Total Disability (TTD): until you go back to work or reach maximum medical improvement
- Permanent Partial Disability (PPD): up to $20,000 for disfiguring injuries to the head, face, neck, or chest; up to 525 weeks of TTD payments for non-scheduled disabilities, or 312 weeks for scheduled loss of use awards
- Temporary Partial Disability (TPD): 2/3 the difference between your pre-injury and post-injury earnings, up to the state's maximum rate, for the duration of disability
- Permanent Total Disability (PTD): duration of disability
New York Workers' Comp Coverage Exemptions
The following employees are automatically exempt from New York workers' comp coverage:
- Certain nonprofit workers, including amateur athletic activity supervisors and teachers exclusively employed by a religious, charitable, or educational organization
- City of New York firefighters, police officers, and uniformed sanitation workers
- Clergymen and other employed members of religious orders
- Domestic workers employed less than 40 hours per week in a private, one-family home (i.e., housekeepers, babysitters, yard workers, handymen, painters)
- Federal employees
- Government employees working for the state or municipalities in non-hazardous jobs
- Independent contractors
- Longshoremen and harbor workers
- Railroad employees
- Sole proprietors, partnerships, and LLCs with 0 employees
- Volunteers for nonprofit organizations
New York Workers' Compensation Attorney Fees
All New York workers' compensation attorneys work on contingency. This means you only pay legal fees for successful claims. If you don't win, then you owe your New York workman's comp lawyer $0. By law, New York workers' comp lawyers cannot charge more than 15% in legal fees.
