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Workers’ Compensation FAQs

Workers’ comp covers more than you think. Medical bills, lost wages, and permanent awards.

Quick Answer

New York Workers’ Compensation Law covers medical treatment, lost wages, permanent disability awards, and death benefits when you are hurt on the job or develop an occupational disease. You do not need to prove your employer was negligent — you just need to show the injury happened at work. Free consultation. No fee unless we win.

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Coverage Overview

Four kinds of benefits New York law requires your employer to carry.

Under NY Workers’ Compensation Law § 10, almost every New York employer must carry Workers’ Compensation insurance. When you are hurt on the job or develop an occupational disease, that insurance owes you four distinct kinds of benefits. Here is what each one covers.

1. Medical care

Section 13 of the WC Law makes the carrier pay for all necessary treatment related to your work injury — doctor visits, surgery, hospital care, physical therapy, prescriptions, medical devices, and travel to appointments. You choose your doctor from the Board’s authorized provider list, and the carrier pays the bills directly. There is no deductible and no co-pay for authorized treatment, and an authorized provider cannot bill you for the balance.

2. Lost-wage (cash) benefits

Cash benefits are set by § 15 of the WC Law. If you miss more than seven days of work, you receive two-thirds of your average weekly wage (AWW), multiplied by your degree of disability, up to the state maximum — $1,281.50 per week for injuries in the current benefit year. If you are totally disabled for more than 14 days, you also receive pay for the first waiting week. These temporary benefits continue until you reach maximum medical improvement (MMI) or your case is classified.

3. Permanent disability awards

Permanent injuries trigger additional awards under § 15(3). For an arm, leg, hand, foot, eye, or hearing loss, a doctor assigns a schedule loss of use (SLU) percentage and the Workers’ Compensation Board multiplies it by a statutory week value — for example, 312 weeks for a total arm loss. Permanent injuries to the back, neck, head, or internal organs are classified instead by loss of wage-earning capacity, which pays between 225 and 525 weeks under § 15(3)(w). A permanent total disability pays for life.

4. Death benefits

If a worker dies from a work injury or occupational disease, § 16 pays two-thirds of the worker’s AWW, up to the state maximum, to the surviving spouse and minor children. A spouse is paid for life or until remarriage (with a two-year lump sum on remarriage); children are paid to age 18, or to 23 while enrolled full-time in school. The carrier also pays funeral expenses, up to $12,500 in the New York City metropolitan counties and $10,500 elsewhere in the state.

How We Handle It

How we handle these cases

1

We verify coverage and file the C-3

We confirm your employer’s carrier, gather your injury report, and file the Employee Claim (C-3 form) with the Workers’ Compensation Board within two years of your injury date as required by § 28.

2

We establish your AWW

We pull 52 weeks of payroll records, overtime, and concurrent employment to calculate the highest defensible average weekly wage under § 14 — because every dollar of AWW moves your weekly benefit.

3

We secure authorized medical care

We make sure your treating doctor is authorized and that the carrier is paying bills within the statutory 45-day window. Unauthorized care can be denied, so the right setup matters early.

4

We prepare for hearings

If the carrier disputes any benefit, we appear before the Workers’ Compensation Law Judge with medical records, wage records, and witness testimony to protect your rate and medical coverage.

5

We protect your long-term interests

When you reach maximum medical improvement, we evaluate whether a schedule loss of use award, a Section 32 settlement, or continued indemnity benefits best serves your situation before we close anything.

Case Results

Real cases. Real results.

Three recent Workers’ Compensation outcomes — case context and result. No client identifying information.

Schedule Loss of Use Award
Arm SLU — 60% loss of use

Client injured dominant arm in warehouse fall. We established AWW of $1,040 and obtained a 60% SLU award — 187.2 weeks of benefits — plus all medical kept open.

Death Benefit Claim
Full § 16 death benefit secured

Surviving spouse of construction worker received two-thirds of decedent’s AWW as an ongoing weekly benefit plus the $12,500 funeral allowance after we contested the carrier’s coverage denial.

Medical Coverage
Carrier ordered to pay $84,000 in denied surgical bills

Carrier rejected spinal surgery as unrelated. We produced independent medical evidence and the WCLJ ordered payment of all outstanding bills within 45 days.

Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.

Related Questions

Related questions

Quick answers from our FAQ library.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

Not a call centre. The lawyer who signs you is the lawyer who shows up.

  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Emily
    • Admitted in New York, 2007
    • 20 years in practice
    • Fluent in Spanish

    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

    Full bio & credentials →

  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Lauren
    • Admitted in New York, 2023
    • Albany Law School, J.D. 2022
    • Handles Third Department appeals

    Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.

    Full bio & credentials →

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