When an employee is injured on the job, or suffers an occupational disease, he or she may be eligible for compensation benefits. Additionally, a widow or widower and dependent children of a worker who dies as a result of a job injury or disease may also receive benefits. 

If someone or some company other than the employer is responsible in whole or in part for the injury, a third-party lawsuit may be brought to recover full damages and losses, including pain, suffering, anguish and loss of enjoyment of life.

Worker's compensation benefits include payment of all medical expenses and reimbursement for a portion of wages lost due to disability caused by the injury. Additionally, if the worker suffers a permanent impairment of a body member, such as a leg or hand, a payment may be made for this loss even though the worker has not lost time or has returned to work. Awards are also made for facial disfigurement, loss of vision and loss of hearing. No payment is made for pain and suffering, mental anguish or other such elements of an injury.

The injured employee must report the accident to the employer within 30 days, and a claim for compensation must be filed with the NYS Workers' Compensation Board within two years. Medical doctors and other medical providers cannot charge the injured worker, but must submit the bills and reports to the employer or the employer's workers compensation insurance carrier. Employers are required to post the name and address of the workers compensation carrier in the workplace. After an accident, the employer must report the accident to the compensation insurance carrier. The attending physician must submit the medical bills and reports to the carrier. When the carrier gets the paperwork from the employer and doctor to show that the employee is out of work and disabled due to the job accident, the carrier must make payment to the disabled employee within 10 days.

There is no payment for the first five days of lost time, unless the lost time exceeds ten days, in which case payment is due from the beginning. Payment is based on the worker's average weekly wage in the 52 week period immediately preceding the accident. The rate of compensation depends on the degree of disability. For total disability, the rate is two-thirds of the average weekly wage. The rate for partial disability is reduced proportionately. For example, a fifty percent disability would be one-half of the two-thirds rate.

The maximum disability payment has been $400 per week since July 1, 1992, but has now been increased:

     as of July 1, 2007 -- $500
             July 1, 2008 -- $550
             July 1, 2009 -- $600

Beginning on July 1, 2010 it will adjusted annually to be 2/3 of the NY statewide average weekly wage for the preceding year. 

The rate for a given case is determined by the date of the accident and remains at that rate even though there are subsequent raises.   

In a case where the date of accident is before March 13, 2007, If a worker is permanently disabled, and is suffering wage loss due to the disability, payments may be made for life.

For accidents on or after March 13, 2007 the law has changed.  For workers with less than a total disability, the length of time benefits will be paid is limited, depending on the degree of the disability.  Total disability cases may be paid for life.

The maximum number of weeks is set forth in statute as follows:

525 weeks for disability greater than 95%

500 weeks for disability  greater than 91% thru 95%

475 weeks for disability greater than 86% thru 90%

450 weeks for disability greater than 81% thru 85%

425 weeks for disability greater than 76% thru 80%

400 weeks for disability greater than 71% thru 75%

375 weeks for disability greater than 61% thru 70%

350 weeks for disability greater than 51% thru 60%

300 weeks for disability greater than 41% thru 50%

275 weeks for disability greater than 31% thru 40%

250 weeks for disability greater than 16% thru 30%

225 weeks for disability of 15% or less

Note:  If you believe an insurance company, including a workers' compensation carrier, has acted improperly or unfairly, you may file a complaint with the NYS Insurance Department.  Click here to use the Department's online complaint form.