For Injured Workers
If you are sick or injured on the job, workers’ compensation is your most important resource. It is a form of social insurance that entitles you to partial wage replacement and full coverage of all related medical care and hospital treatment for job-related injuries or illnesses. It also provides benefits for your spouse and dependents if you are killed on the job or die from injuries or illnesses related to your work.
Worker’s Compensation is a no-fault system. This means if you are injured or made sick at work, you are entitled to workers’ compensation -- no matter how the injury or illness occurred. It is your legal right. In return, employers are protected against negligence suits for work-related injuries. This means that even if you can prove that you were hurt as a result of your employer’s negligence, you cannot sue your employer.
Five Steps You Can Take to Improve Your Chances of Receiving Full Benefits Under New York State Workers' Compensation:
1. Notify Your Employer and Union immediately about any accident or illness – no later than 30 days from the date of the incident.
2. See a Doctor authorized by the New York State Workers’ Compensation Board and be sure to indicate that your condition is job-related.
3. Hire an Attorney who specializes in Workers’ Compensation
4. File a Claim with the New York State Workers' Compensation Board
5. Ask for a Hearing if your employer disputes your claim or you do not receive benefits promptly.
New York State Workers' Compensation Forms and Resources:
Claimant Information Packet
Notice of Right to Select an Authorized Health Care Provider
Workers' Compensation Medical Treatment Guidelines
Authorization to Release Limited Health Information
Doctor's Report Form on Maximum Medical Improvement/Permanent Impairment
Claimant's Request for Further Action
Claim for Compensation in a Death Case
New York State Workers' Compensation Board
Proposed Disability Duration Guidelines, September 2010
NYS Forms and Resources in English and Spanish (or Spanish only):
Application for Workers' Compensation Benefits
Notice of Right to Select an Authorized Health Care Provider
Authorization to Release Limited Health Information
Doctor's Report Form on Maximum Medical Improvement/Permanent Impairment
Claimant's Request for Further Action
Other resources:
Workers' Compensation Fact Sheet in Spanish