Frequently asked questions about workers’ compensation in New York

After involvement in a workplace accident, injured workers may have questions about the workers’ compensation system and how it works.

When workers are injured while performing duties associated with their job, they are eligible to receive workers' compensation benefits. According to the New York State Workers' Compensation Board, in workers' compensation cases, no one party is considered to be at fault, and depending on the situation, workers may be eligible to receive medical care as well as cash benefits.

What disabilities are covered by workers' compensation?

Not all disabilities are covered by the workers' compensation system. The WCB states that only disabilities causally related to an injury incurred because of employment duties or an occupational disease are eligible to receive compensation under this system.

How much are injured workers eligible to receive?

Workers who suffer a temporary total disability can receive a weekly cash benefit equal to two-thirds of their average weekly wage. This cash benefit is dispersed for one year immediately after the workplace accident occurs. However, this cash benefit cannot exceed the legal maximum already in place on the date the injury happens.

What if injured workers do not file for benefits?

After a workplace accident, some workers decide not to report the incident and move the workers' compensation process forward. Those who do this will not be able to receive workers' compensation benefits. Additionally, those who wait too long after an accident to report its occurrence may lose their eligibility to receive benefits altogether.

Is medical care covered in cases where no cash benefits are provided?

In some cases, workers involved in a job-related accident may not be eligible for cash benefits because they can return to their duties soon after the accident occurs. However, even in situations where no cash benefits are paid, workers are still able to receive medical care if it is necessary after the accident occurs.

Are injured workers required to submit to medical examinations?

After a workplace accident, injured workers must submit to a medical examination if it is requested by their employer or by the workers' compensation insurance carrier. In situations where workers refuse to receive medical care, their resistance may affect the progress of the workers' compensation claim.

After getting hurt in a workplace accident, injured workers may have even more questions about the workers' compensation system. They may also be unsure of how to proceed with the claims process to ensure they are eligible to receive benefits. When this occurs, employees should contact an attorney in their area who can provide further information and legal advice about their claim.