Meirowitz & Wasserberg represents injured workers in New York City and can evaluate both workers’ compensation claims and any separate claims against a negligent third party across all five boroughs.
Thousands of New Yorkers file workers’ comp claims every year, and the New York Workers’ Compensation Board assembled 161,264 complete claims in 2025. This process may be complex for people who are injured on the job and trying to get medical care while worrying about how they’re going to pay their bills.
What Is Workers’ Compensation in New York?
Workers’ compensation in New York is insurance that provides cash benefits and/or medical care to employees who are injured or become ill as a direct result of their jobs. Because it is no-fault, eligibility generally relies on the connection between the work and injury — not on proving that the employer caused the accident through negligence.
New York’s exclusive remedy laws usually prevent a covered employee from suing their employer for damages arising from the same work injury. A claim against a responsible person or company other than the employer may still be available. That separate case can seek damages that workers’ compensation does not provide.
The New York State Workers’ Compensation Board administers the system, resolves disputes and works to ensure that benefits are delivered in accordance with the Workers’ Compensation Law.
Who Is Covered by Workers’ Compensation in New York?
Virtually all New York employers must provide workers’ compensation coverage for their employees. The rules apply to many full-time, part-time, temporary, leased, borrowed and family workers.
Eligibility for workers’ compensation is not limited by immigration status. The Board’s own employer guidance states that employees are eligible regardless of immigration status, and New York law includes protections for noncitizens.
People who work as contractors or for religious organizations have slightly different coverage rules. For example, under the New York State Construction Industry Fair Play Act (the Act), any worker injured on or after October 26, 2010, while performing services for a contractor is treated as an employee of that contractor for workers’ compensation purposes.
An attorney can provide more details on your specific situation. The New York State Workers’ Compensation Board provides a list of who is covered.
Exemptions and Exceptions
A sole proprietor with no employees and a partnership and LLCs or LLPs with no employees are generally not required to provide workers’ compensation coverage. Clergy members who only perform religious duties are also generally not covered. Make sure to check with the Worker’s Compensation Board for your specific situation.
How to File a Workers’ Compensation Claim in New York
If you’ve been injured on the job in New York City, follow the instructions below to ensure your safety and begin the workers’ compensation claim process.
Step 1 – Seek Emergency Medical Attention Immediately
After experiencing a workplace injury or illness, seek emergency medical attention as soon as possible. This may involve dialing 911, visiting the nearest hospital or seeing your primary care physician. If possible, seek care from a Workers’ Compensation Board authorized provider. The medical records from your visit should generally be thorough and may l be important to future claims.
Step 2 – Report the Injury to Your Employer
NY WCL Section 18 governs the rules for reporting your injury to your employer. Under the law, your employer must generally be notified as quickly as possible before you can begin your workers’ compensation claim. It’s important to notify your employer of your injury or illness in writing within 30 days.
Step 3 – Seek Additional Medical Treatment From an Authorized Provider
If you need additional medical treatment after receiving emergency care, you must generally be treated by a provider authorized by the New York State Workers’ Compensation Board. You can ask your employer to reimburse you for emergency medical treatment you received after you were injured, regardless of whether the provider is on the list of authorized providers. However, you may have to wait for your workers’ compensation to be approved before continuing your treatment.
Step 4 – File Form C-3 With the Workers’ Compensation Board
After a workplace accident, you should file an Employee Claim (Form C-3) with the state Workers’ Compensation Board to report your injury as soon as possible. This form must be filed within two years of your injury or illness to receive benefits. The Workers’ Compensation Board allows people to file a claim online.
Step 5 – Employer and Insurance Carrier Investigate
Once you’ve notified your employer of your injury, they should notify their insurer within 10 days if you require medical treatment beyond first aid or have lost at least one day of work (other than the date of the accident). Your employer’s insurance carrier may approve the claim, deny it or request additional documentation before making a decision.
Step 6 – Receive a Decision or Attend a Hearing
If your claim is uncontested, you should begin receiving benefits within 18 days of your employer notifying their insurer of the claim. You will continue to receive benefit payments every two weeks during your disability period.
If your claim is denied or disputed, you may be able to file an appeal or schedule a hearing before a workers’ comp law judge. If you wish to dispute the outcome of your claim, you must file an appeal within 30 days. To notify the Workers’ Compensation Board about an issue regarding your claim, you can file a Request for Assistance by Injured Worker (Form RFA-1W).
When Should You Contact a Workers’ Compensation Lawyer?
If the insurance company denies, disputes or requests additional information, a workers’ compensation lawyer can help you with these processes and make sure your legal rights are protected. A denial or dispute can occur if an employer does not want to pay out a claim due to a potential increase in insurance premiums, or if the employer claims there isn’t enough evidence of your workplace injury.
An experienced workers’ compensation lawyer can help you navigate the appeals process in both cases. Additionally, if your employer attempts to illegally retaliate against you for filing a claim, an attorney can help you fight back. An attorney can also help you pursue a claim against a negligent third party who may be responsible for your injury.
A lawyer can prepare evidence, address medical disputes, question witnesses, negotiate with the carrier and preserve third-party claims. Meirowitz & Wasserberg offers free consultations to injured workers. Contact us to learn more.
GET A FREE CASE REVIEWNYC Workers’ Compensation Statistics and Common Claim Types
The Board assembled 161,264 complete claims in 2025 and held 244,714 hearings. The health care and social assistance, public administration, transportation and warehousing industries produced the most claims.
The top ten sectors accounted for 85.6% of assembled claims.
The top 10 sectors for workers’ comp claims in 2025 were:
- Health care and social assistance
- Retail trade
- Transportation and warehousing
- Educational services
- Manufacturing
- Accommodation and food services
- Construction
- Administrative and support
- Wholesale trade
Potential workers’ comp injury claims by industry include: construction (falls, struck-by equipment), transit/delivery (repetitive stress, vehicle collisions), food service/retail (slip and fall, repetitive strain) and healthcare workers (patient-handling injuries).
What Compensation Can You Recover in a NY Workers’ Compensation Claim?
Under New York law, injured workers can recover medical costs, lost wages and death benefits under a workers’ compensation claim.
Medical costs can include prescription drugs and equipment prescribed by your health care provider. It may also cover any transportation costs when you have to travel for treatment. Workers’ compensation only reimburses you for a portion of your wages, as the amount is affected by how severely your injury impacts you.
A full breakdown of medical, wage-replacement, disability and death benefits is available in our guide to workers’ compensation benefits.
Meirowitz & Wasserberg Recent Workers’ Compensation Settlements
Meirowitz & Wasserberg strives to secure the maximum possible compensation for clients. Our attorneys have recovered more than $800 million in verdicts and settlements for injured people.
Some of our most successful workers’ compensation settlements include:
- $373,644 in benefits, payable over 400 weeks, for a 9/11 volunteer diagnosed with severe reactive lung disease after toxic exposure.
- $205,000 indemnity-only settlement for a construction worker who fell 14 feet from a broken ladder, with medical benefits left open.
- $233,000 schedule-loss-of-use award with ongoing medical coverage for a professor injured in a stairway fall.
- $175,000 indemnity-only settlement for a bus driver injured while lifting a wheelchair ramp, with lifetime medical coverage preserved.
Meirowitz & Wasserberg aims to level the playing field between average workers and some of the largest corporations in America. We have the resources, ability and skill to stand up to companies that prioritize profit over worker safety. If you or a loved one were injured at work in New York, reach out to our legal team today for a free consultation to get the help you need to file or appeal your workers’ compensation claim.
Meet Our Workers’ Compensation Lawyer
Brian Russell
Associate
Frequently Asked Questions About NY Workers’ Compensation Claims
What is the New York Workers' Compensation Board (NY WCB)?
The New York Workers’ Compensation Board is the entity that administers and determines workers’ comp claims in NY.
What is NYSIF and do I need it?
The NYSIF (New York State Insurance Fund) is a state-run workers’ comp insurer that often provides coverage to contractors and other employers who may not be able to obtain coverage from a private insurer. If you are a contractor, you may need workers’ comp coverage through NYSIF if a private insurer won’t provide coverage.
Who is exempt from workers' compensation in New York?
Generally, real estate salespeople, certain licensed insurance agents, certain clergy, sole proprietors or LLCs without employees and enterprises owned by Native Americans are exempt from workers’ comp. Make sure to consult an attorney for your specific situation.
How long do I have to report a workplace injury in NY?
You typically have 30 days to give the employer notice of your injury or illness. After that, you have two years from the date of your injury or illness to file a claim.
Do I need a lawyer to file a workers' compensation claim?
You don’t always need a lawyer to file a workers’ compensation claim, especially if your claim is accepted. But disputed, denied or permanent-disability claims benefit significantly from hiring a lawyer, especially where a third-party claim may also exist.
About The Author
Samuel Meirowitz
Founding Partner
Samuel Meirowitz, a founding partner of Meirowitz & Wasserberg, has been recognized by New York Metro Super Lawyers annually since 2016. A Cardozo School of Law graduate and former prosecutor in the Bronx District Attorney's Office, he won the first multimillion-dollar asbestos verdict in a New York federal court in over 20 years.
