Workers' Compensation in New York pays for medical treatment, a portion of your lost wages, and provides additional benefits if you suffer a permanent injury or cannot return to your previous job. If a workplace injury or illness is fatal, your family may qualify for survivor benefits. Below, we walk through each category of coverage so you know what to expect and what to ask for.
Medical Benefits: Lifetime Coverage at No Cost to You
If you are hurt at work or develop an illness because of your job, Workers' Compensation covers all necessary medical treatment for that condition. According to the New York State Workers' Compensation Board (WCB), this includes lifetime medical care at no cost to the employee.
Covered medical expenses include:
- Emergency room visits and hospital stays
- Doctor appointments and specialist consultations
- Surgery, physical therapy, and occupational therapy
- Prescription medications
- Medical equipment such as crutches, braces, and wheelchairs
- Ongoing rehabilitation and follow-up care
There are no deductibles or co-pays. However, your treatment must come from a provider authorized by the WCB. The Board maintains medical treatment guidelines for common injuries, and your doctor can request approval for treatments outside those guidelines through a variance application.
One point many injured workers miss: medical benefits are not subject to time caps. Even if your wage replacement benefits end, your right to necessary medical treatment for the work-related condition continues.
Wage Replacement Benefits: Partial Income While You Heal
When a workplace injury prevents you from working, Workers' Compensation replaces a portion of your lost income through temporary disability benefits. The amount is two-thirds of your average weekly wage (AWW) if you are 100% disabled. The AWW is calculated from your earnings over the 52 weeks before your injury, according to the New York State Insurance Fund (NYSIF).
Current weekly benefit limits set by the WCB include:
- Maximum: $1,222.42 per week for injuries occurring July 1, 2025, through June 30, 2026 ($1,171.46 for injuries from July 1, 2024, through June 30, 2025)
- Minimum: $325 per week for injuries occurring in 2025, up from $275 in 2024
There is a statutory waiting period to be aware of:
- 7 days or fewer of missed work: no wage replacement benefits are paid
- 8 to 14 days of missed work: benefits begin on the eighth day
- 15 or more days of missed work: the waiting period is waived, and benefits are paid from the first day of disability
NYSIF must begin payments within 18 days after an injury and upon receipt of a medical report evidencing disability. After that, benefits are paid every two weeks. If you are receiving less than you expected, or if payments are delayed, that is a good reason to speak with a Workers' Compensation attorney who can advocate on your behalf.
Permanent Disability Benefits: Compensation for Lasting Injuries
Some work injuries cause permanent damage. New York's Workers' Compensation system recognizes two broad categories of permanent disability.
Schedule loss of use
If you suffer a permanent partial loss of use of certain body parts (arm, leg, hand, foot, finger, toe, eye, or ear), you may qualify for schedule loss of use (SLU) benefits. These are paid based on the percentage of loss of use multiplied by a set number of weeks assigned to each body part under the Workers' Compensation Law.
For example, a 50% loss of use of a hand entitles you to wage replacement for 122 weeks (50% of the 244 weeks assigned to a hand), even if you do not miss a single day of work.
Permanent partial or total disability classification
Injuries to internal organs, the back, the spine, or other body parts not covered by the schedule loss of use are classified separately. The WCB assigns a degree of disability based on medical evidence and functional capacity. Workers classified with a permanent total disability receive two-thirds of their AWW (up to the maximum rate) for life.
Getting the right classification matters because it determines how long benefits last and how much you receive. An experienced attorney can help ensure that your medical evidence fully reflects the extent of your limitations.
Death Benefits: Support for Your Family
If a worker dies from a job-related injury or illness, surviving family members may be entitled to death benefits through the WCB. These benefits include:
- Weekly cash payments: The surviving spouse receives two-thirds of the deceased worker's AWW. If there are both a surviving spouse and minor children, benefits are split up between the spouse and children.
- Funeral and burial expenses: Up to $10,500 in most New York counties, or up to $12,500 in Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties.
- Payment to estate: If there are no surviving dependents, $50,000 may be paid to the worker's surviving parents or estate.
Surviving family members must file a death claim (Form C-62) within 2 years of the worker's death. The deceased worker's treating physician also files a Form C-64 connecting the death to the work-related condition.
Losing a family member is overwhelming enough without the added stress of navigating paperwork. If you have lost a loved one to a workplace injury, a Workers' Compensation attorney can guide you through the filing process and help protect your family's financial stability.
Vocational Rehabilitation: Help Getting Back to Work
Not every injured worker can return to the same job. If your injury leaves you with lasting limitations that prevent you from performing your previous role, the WCB offers free vocational rehabilitation services through its vocational rehabilitation counselors.
These services can include:
- Career counseling and job placement assistance
- Skills retraining and certification programs
- Help communicating medical restrictions to your employer
- Guidance on reasonable accommodations
If you return to work in a lower-paying role because of your injury, you may also be eligible for reduced earnings benefits to compensate for part of the wage difference. Vocational rehabilitation is about finding a path forward that works for your body and your budget.
When Workers' Compensation Overlaps with Other Claims
A workplace injury does not always exist in isolation. You may also have a Social Security Disability claim if your condition prevents you from working for 12 months or longer. And if a third party (not your employer) caused or contributed to your injury, such as a negligent driver, a property owner, or a defective equipment manufacturer, you may have a personal injury claim as well.
These overlapping claims affect each other. Workers' Compensation benefits may be offset against Social Security Disability payments, and personal injury settlements may require repayment of certain Workers' Compensation benefits. Handling them separately can lead to missed deadlines, conflicting medical evidence, or reduced overall recovery.
At MCV Law, we coordinate Workers' Compensation, Social Security Disability, and Personal Injury cases together when they overlap. This approach helps protect your benefits across all claims, keeps your medical documentation consistent, and gives you a clearer picture of your total recovery. If you were hurt at work in Central New York, we can evaluate your situation and explain which claims may apply.
Frequently Asked Questions
Do I have to file for Workers’ Compensation?
- Yes, if your injury or illness occurred at work. In New York, Workers’ Compensation is the primary coverage for work-related injuries, meaning your medical treatment must be billed through your employer’s Workers’ Compensation insurance. Private health insurance is not responsible for these costs and will often deny claims if the injury is work-related.
Does Workers' Compensation cover pre-existing conditions?
- Yes, if a workplace injury aggravates or worsens a pre-existing condition, you are still entitled to benefits. For example, if you already have arthritis in your shoulder and a work accident makes it worse, the aggravation is compensable under New York law.
Can I choose my own doctor for a Workers' Compensation claim?
- You can choose your own doctor, but the provider must be authorized by the New York State Workers' Compensation Board. The WCB maintains a list of authorized providers. If your preferred doctor is not on the list, you may need to request authorization.
What if my Workers' Compensation claim is denied?
- You have the right to appeal a denial through the WCB. The process involves requesting a hearing before a Workers' Compensation Law Judge. Having an attorney represent you at the hearing can make a meaningful difference in the outcome. Contact MCV Law for help with a denied claim.
Does Workers' Compensation cover mental health conditions?
- New York has been expanding coverage for work-related mental health conditions. As of 2025, legislation allows workers to file claims for mental injuries caused by extraordinary work-related stress tied to specific workplace events. Because this area of the law is still developing, consulting an attorney is especially important if you believe your job caused a psychological injury.
How long do I have to file a Workers' Compensation claim in New York?
- You must notify your employer within 30 days of the injury or illness. Your claim must be filed with the WCB within 2 years of the accident or within 2 years of learning that your illness is work-related.
Take the Next Step
If you were injured at work or developed an illness because of your job, you do not have to figure this out alone. MCV Law helps injured workers across Central and Northern New York, including Syracuse, Watertown, Auburn, Oswego, Rome, Cortland, and Ithaca, understand their benefits and protect their claims.
We offer free consultations, and we can evaluate whether your situation involves overlapping claims that should be handled together. Contact us today to discuss your case.