Workplace Injuries in New York

Data compiled by the Bureau of Labor Statistics show that New York ranks among the safest states for workplace injuries. Even so, over 140,000 New York workers were injured on the job in 2019, and over 78,000 of those injuries were serious enough to lead to missed workdays, significant medical expenses, or permanent impairment.

Most employers in New York are required to carry workers’ compensation insurance, which will pay for work-related injuries and illnesses to covered employees. Unless you fall into one of the excepted categories, your workplace injury will be covered by workers’ compensation. These categories include:

  • Independent contractors
  • Clergy members
  • Volunteers
  • Federal employees

All other workers will be required to submit a claim for workers’ compensation within the prescribed time period and using the proper forms.

Workers’ compensation insurance will cover:

  • Medical expenses
  • Lost wages
  • Long-term and permanent disability
  • Compensation for loss of limbs, or loss of function of a body part
  • Permanent disfigurement

Workers’ compensation insurance will not compensate you for pain and suffering, but in some cases, a worker may make a claim against an employer, co-worker, contractor, or other person for a work-related injury. This may be possible if the injury occurs outside of the workplace, such as an injury sustained in an auto accident while making a delivery or  travelling to a meeting. A claim could also be filed for an injury sustained on the property of  a subcontractor or customer.

Know Your Rights

If you have been injured on the job, you should be aware of your rights and responsibilities. Improperly filed and late claims may be rejected, resulting in loss of your rightful compensation. Your employer must provide you with the necessary forms to file a claim and may not punish you for filing a claim. You may be referred to a particular doctor for treatment, so it is important to follow up with any scheduled appointments.

You should talk to a New York injury lawyer as soon as possible after a workplace accident or injury if:

  • Your employer will not allow you to file a claim.
  • Your employer has laid you off, fired you, or has threatened retaliation for filing a claim.
  • Your injury was caused by an intentional act by your employer.
  • Your employer failed to follow required safety regulations or practices.
  • Your injury was caused by the negligence of a fellow employee or another person.
  • You fall into one of the categories of workers who are not covered by workers’ compensation.
  • Your employer or company-recommended doctor is pressuring you to go back to work before you are completely healed.
  • You have suffered a long-term or permanent disability.
  • You want to know more about your rights.

The injury lawyers at Mirman, Markovits and Landau, P.C. have been helping injured workers in New York seek the compensation they deserve for over 40 years. If you are injured or become ill at work, don’t wait; call us at 212-227-4000 for a free consultation. Click here to learn more.