Basic Information About Workers Compensation

Workers compensation insurance covers medical expenses and lost income if you've been hurt on the job in New York. Virtually all New York employers must carry workers comp insurance.

Who Is Covered by Workers Compensation in New York?

Employers with for-profit businesses must carry workers comp insurance. The employees that the insurance covers includes:

• Full-time employees
• Part-time employees
• Borrowed employees
• Leased employees
• Family members and volunteers working for the business
• Domestic workers employed for 40 or more hours per week by the same employer (including full-time sitters or companions or live-in maids)
• Farm workers employed by employers who pay $1,200 or more for farm labor per calendar year

In addition, workers compensation covers State of New York employees along with some volunteer workers, public school teachers and aides, and county and municipality employees doing work defined as "hazardous."(Reference: New York State Workers Compensation Board)

What Type of Disabilities Does Workers Compensation Cover?

The disability must be work related: either an accidental injury that occurs as a result of the course of employment or an occupational disease.

What Is an Occupational Disease?

An occupation disease occurs as a result of exposure to work conditions. An example is contracting asbestosis while doing asbestos removal.

If You Are Injured on the Job, What Should You Do?

Seek Medical Attention

The first thing to do is to receive first aid. If your injury is not an emergency situation, you must see a healthcare provider that is authorized by the Worker's Compensation Board. Or, if your employer has authorization to participate in a Preferred Provider Organization (PPO) or Alternate Dispute Resolution (ADR) program, you should use the program's participating healthcare provider, if required. Your employer must notify you and other workers, in writing, giving you all the information about their PPO or ADR programs.

You may need authorization and have to get diagnostic tests and prescription medicine from designated diagnostic networks or pharmacies under contract. Your employer must also provide you with written notice if this is the case.

If the employer does not dispute your workers comp case, the insurance provider will cover your medical expenses.

Notify Your Employer

Notify your supervisor as soon as possible about the injury. You have 30 days from the date of the accident causing the injury to notify your employer. With an occupational disease, you must give notification within two years after being disabled or within two years after you knew or should have known that your disease was work related.

Fill Out and Mail a Form C-3

You must fill out the Form-3, which is a workers comp form and mail it to the nearest office of the Workers’ Compensation Board.

For more information about workers compensation, please see our Work Related Accidents page.