What is New York Workers Compensation?
Workers comp is insurance that provides cash benefits and medical care for workers who were injured on the job, and it’s available to just about everyone employed in the State of New York.
It’s paid for by your employer, and will cover lost time, medical treatment, and any permanent disability that you suffer as a result of your accident.
Stay tuned because I’m going to explain exactly what workers comp is, who it applies to, and how you can successfully file your claim.
My name is Rex Zachofsky and I became a New York workers compensation lawyer 17 years ago after getting injured on the job. If you’re looking for a lawyer to help you with your claim with New York Workers Compensation Benefits, please give me a call at 212-406-8989 to schedule a free consultation.
Workers compensation is insurance designed to provide cash benefits and medical coverage to employees injured on the job.
Every employer with at least one employee is required by New York State law to carry workers’ compensation insurance, so if you’re working and you get hurt, you’re probably covered. It’s just like how a person who owns a car is required by law to get insurance in case they get into an accident while driving.
When filing a workers comp claim it doesn’t matter who was at fault because it’s a “no fault system,” which means that even if the injury was caused by your own mistake, you are still eligible to receive benefits.
I hear people all the time say “well it was my fault,” or “I wasn’t paying attention,” but that doesn’t matter, fault is not an issue! People will also often confuse personal injury lawsuits with workers comp, thinking they are suing their employer for liability, but workers compensation is simply an insurance claim.
In fact, workers compensation law actually PROHIBITED you from suing your employer! What you get in return are benefits for your medical coverage, lost wages, and any permanent disability, all of which are payable quicker than if you had to pursue them through a lawsuit, and they’re easier to get since you don’t have to prove fault.
That means you can’t expect a multi-million dollar payout like you hear about in personal injury lawsuits, but that’s the tradeoff you make: less money in exchange for faster compensation. That also means you can’t sue for things such as punitive damages, pain and suffering, and loss of enjoyment of life—your workers compensation claim only gives you money for your lost time, medical treatment, and any permanent disability you suffer as a result of the accident.
Filing a workers comp claim in New York is a relatively straightforward process.
If you sustain an injury at work, first seek medical treatment immediately. You can go to any hospital and workers comp insurance will cover the cost.
Once your condition has stabilized, you then want to notify your work supervisor about the injury in writing as soon as possible. The law in New York requires that you provide written notice to your supervisor within 30 days of your accident or injury, unless they witnessed the accident or were informed by a colleague, which is called “actual notice.”
Next, fill out and submit the employee claim form, called a “C-3 form,” which you can find on the New York Workers Compensation Board website. You want to make sure you do so within 2 years of the accident, and keep in mind that the earlier you submit your claim the better your chances of maximizing your benefits. I’ll include a link to the employee claim form in the description below.
Finally, your employer’s insurance carrier will provide you with a written statement of rights within 14 days of the injury, and begin payment of benefits within 18 days. If not, you should consult with an attorney immediately!
Rest assured that you won’t be fired or retaliated against for filing a workers comp claim, and that includes undocumented immigrants and workers who get paid cash off the books! An injured employee cannot be fired or discriminated against for filing or participating in a worker's compensation claim. That means even if somebody is called as a witness in someone else's case, they can't be penalized for it.
And remember: it’s not a lawsuit, it’s just an insurance claim. You won’t hurt your employer by taking advantage of it—It’s in place to protect both of you! To learn more about the process of filing a workers comp claim in New York, be sure to watch my other video that goes into more detail.
A lot of people think workers’ compensation in New York is an automatic process that takes care of itself, but it’s a lot more complicated than that—especially if you’ve suffered some form of permanent disability.
A lawyer can not only help you understand each step of the process and guide you through your case in plain language, but also go to bat for you against the insurance company to make sure you get awarded as much as possible. In some instances I’ve been able to more than double the award my clients receive, making a world of difference in their lives. In many other circumstances, we’ve gotten benefits from people who didn’t think they would otherwise qualify for workers comp.
And talking to a lawyer costs you nothing, it’s just an opportunity to speak with someone knowledgeable who can answer your questions and point you in the right direction.
So if you or a loved one have been injured on the job here in New York and would like to set up a free consultation, give me a call at 212-406-8989 today. We can accommodate any language, and any conversation we have is strictly confidential. Don’t leave money on the table, find out what your rights are and get the benefits you deserve!
And if this is your first time on my channel, be sure to subscribe and turn on notifications for the most up-to-date videos on filing for New York worker’s compensation. This is your one-stop-shop for everything you need to know when it comes successfully filing and maximizing your claim.
So click here to watch this video next, and I’ll see you there!
🔹 Form C-3 Online Submission: https://www.wcb.ny.gov/onlineforms/c3/C3Form.html