Workers' Compensation
New York Workers' Compensation: What Benefits Are You Owed After a Work Injury?
Jonathan Fuzailov, Esq.
September 26, 2026 · 5 min read
Medical care, wage replacement, and schedule awards — NY workers' comp pays more than most injured workers realize. Here's the full picture.
Report it and file — fast
Notify your employer in writing within 30 days of the injury and file a C-3 claim form with the Workers' Compensation Board. You generally have two years to file, but delays give insurers ammunition to dispute the claim.
What the benefits include
All necessary medical treatment with no copays, cash benefits of two-thirds of your average weekly wage (up to the state cap) while you're out of work, and schedule loss of use awards — additional compensation for permanent impairment of a limb, hand, eye, or hearing, paid even if you return to work.
If your claim is denied
Denials are common and are not the end. You can request a hearing before a Workers' Compensation Law Judge, and insurers must justify denials with evidence. Many denied claims are won at hearing with proper medical documentation.
You may also have a lawsuit
You can't sue your employer, but you can sue negligent third parties — a subcontractor, property owner, equipment manufacturer, or driver. Third-party lawsuits pay for pain and suffering, which workers' comp never covers.
Free case review
Hurt in a work injury in New York? Talk to a lawyer today.
Deadlines in New York can be as short as 90 days, and insurers start building their defense immediately. Get a free, no-obligation review of your case from Fuzailov Law — you pay nothing unless we win.
Request a free case review
Tell us what happened. We'll review your case and respond the same day — no fee unless we win.