Workers’ comp is super important—it’s insurance that covers your medical bills and pays you cash if you get hurt on the job. In New York, almost every worker is covered, and the best part? It’s totally paid for by your employer.
Let’s break down what workers’ comp actually is, who’s covered, and how you can file a claim the right way.
Workers’ comp is there to help cover your bills and medical care if you get hurt on the job. In New York, the law says any employer with at least one employee has to carry this insurance. Think of it like car insurance—just like drivers need coverage in case of an accident, employers need workers’ comp to cover workplace injuries.
One of the biggest things to know is that workers’ comp is a no-fault system. That means even if the accident was your fault, you can still get benefits. A lot of people worry they won’t be covered if they messed up—but that’s not how this system works.
If you get hurt at work, the first thing you should do is get medical help right away. You can go to any hospital, and workers' comp should cover the bill.
Once you're stable, make sure to let your supervisor know about the injury—in writing—as soon as you can. In New York, you’ve got 30 days to do this unless your boss actually saw the accident or heard about it from someone else on the job.
Next, you’ll need to fill out the employee claim form, called the “C-3 form.” You can find it on the New York Workers’ Comp Board website. You technically have up to two years to file it, but the sooner you do, the better your chances of getting full benefits.
After you submit your claim, the insurance company is supposed to send you a statement of your rights within 14 days and start paying benefits within 18. If they don’t? That’s your cue to call a workers’ comp lawyer right away.
Just so we're clear—filing a workers' comp claim isn’t the same as suing your boss. You're not taking them to court; you're just filing an insurance claim. In fact, the law doesn’t even allow you to sue your employer for a work injury. The whole point of the system is to make it easier and faster to get help with medical bills, lost wages, and any permanent disability—without needing to prove who was at fault.
Also, your boss legally can’t fire you or retaliate just because you filed a workers' comp claim. That protection covers everyone—including undocumented workers and folks paid off the books. And even if you’re just a witness in someone else’s case, you’re still protected.
A lot of people think workers' comp in New York just happens automatically—but it’s not always that simple, especially if you’re dealing with a permanent injury. That’s where having a lawyer can really help. They’ll walk you through the process in plain English, handle the tricky parts, and fight to make sure you get every dollar you’re entitled to. In some cases, lawyers have even helped clients walk away with twice what they would’ve gotten on their own.
Talking to a lawyer is free and totally confidential. So if you or someone you care about got hurt on the job in New York, it’s worth setting up a free consultation to understand your rights and make sure you’re not leaving money on the table.
If you need assistance with your workers' compensation claim or have questions about personal injury matters, Social Security Disability, or labor and employment issues, feel free to reach out. Call me, Rex Zachofsky, at 212-406-8989 to schedule a free consultation. We can accommodate any language, and all conversations are strictly confidential.
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