New York Workers’ Compensation Laws

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

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New York workers’ compensation laws deal with employment injuries and illnesses. Employers in New York are required to have workers’ compensation insurance so that they can provide benefits to employees who get injured or become ill because of work-related conditions or accidents. In New York, claims for workers’ compensation should be filed with the New York Workers’ Compensation Board.

Claims under New York Workers’ Compensation Laws

Occupational Illnesses

Hazardous conditions at the work-site or repetitive motions at the workplace can cause an employee to become ill over time. If you are suffering from an occupational disease, you must submit your claim for New York workers’ compensation within two years from the time you knew you were sick.

Injuries Caused in Workplace Accidents

New York workers who are injured in accidents or mishaps at the workplace, through no fault of their own, are eligible to receive compensation for their injuries. However, if the employee is in violation of the employer’s rules at the time of the injury, or is using drugs or alcohol when injured, he cannot receive compensation.

Work-Related Injury or Illness Causing Death

If a worker dies from his illness or injury, his relatives may receive death benefits to compensate for the worker’s loss of earning power.

New York Workers’ Compensation Benefits

If you are injured or become ill at work, you may be eligible for some or all of the following benefits.

New York Workers’ Compensation Income Benefits

New York workers’ compensation law provides for injured workers to recover income based on one of the following four disability categories.

1) Temporary Total Disability Benefits (TTD): TTD applies when the employee’s work injury has made her temporarily and completely incapacitated such that she cannot work. To compensate for her lack of income, the employee will receive two-thirds of her pre-injury average weekly wage multiplied by the percentage of disability suffered by the worker.

2) Temporary Partial Disability Benefits (TPD): TPD is available when the injured or ill worker is unable to perform his old job because of his disability, but can still do some work and earn some wages. The employee may be paid two-thirds of his old average weekly wage times his illness or injury’s percentage of disability.

3) Permanent Total Disability Benefits (PTD): PTD applies when the worker is completely incapacitated and has no way of earning an income. The employee will be paid weekly in the amount of two-thirds of his pre-injury weekly wage for an indefinite time period.

4) Permanent Partial Disability Benefits (PPD): PPD benefits are paid out when the worker’s injury has reached maximum medical improvement, but he will always be disabled in some capacity and unable to earn income at his pre-injury level. The amount of benefits received depends on the statutory loss of earning capacity.

Additional Benefits in New York

Healthcare: If you are injured on the job, your employer’s workers’ compensation insurance will pay for the hospital and physician’s bills incurred in treating your injury or illness.

Mileage Reimbursement: Mileage expenses to and from hospital and doctor appointments related to your work injury or illness are reimbursable by your employer or his insurance provider.

Death/Funeral: The relatives of a worker who dies from an occupational injury or illness are eligible to receive death benefits in varying amounts. Additionally, dependents of a deceased employee may receive up to $6,000 in burial costs in metropolitan New York, or $5,000 in other New York counties.

New York Workers’ Compensation Statutes

Refer to Title 12 of the New York Code for specific New York workers’ compensation statutes.

Employers Subject to Workers’ Compensation: Workers’ Compensation, Title 12, Chp. 5, Subchapter A; Covered Employees: Workers’ Compensation, Title 12, Chp. 5, Subchapter A; Benefits: Workers’ Compensation, Title 12, Chp. 5, Subchapter H; Claims Procedure: Workers’ Compensation, Title 12, Chp. 5, Subchapter A.

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