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Workers’ Compensation FAQs

Does workers’ comp cover my prescription medications in New York?

Quick Answer
Yes. NY Workers’ Comp Law §13 requires the insurance carrier to cover all necessary prescription medications related to your accepted work injury, at no cost to you. The carrier cannot require co-pays or deductibles for approved prescriptions. If a pharmacy refuses, it may not be enrolled in the workers’ comp network — ask your doctor for a WC-authorized pharmacy referral.
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What you need to know

New York Workers’ Compensation Law §13 entitles you to all necessary medical treatment related to your work injury — and that explicitly includes prescription medications. You should not pay out of pocket for prescriptions that your doctor orders to treat your accepted injury.

The insurance carrier must cover prescribed medications at no cost to you. No co-pays. No deductibles. If a pharmacy is billing you for a co-pay on a workers’ comp prescription, the pharmacy likely does not understand WC billing rules, or it is not enrolled in the WCB’s pharmacy network.

To avoid billing problems, use a pharmacy that participates in the workers’ comp pharmacy benefits network. Many major chains — CVS, Walgreens, Rite Aid — can handle WC prescriptions, but the pharmacist must enter your claim number correctly. Ask your doctor’s office for guidance if you run into problems filling a prescription.

The insurer can dispute whether a specific medication is necessary or related to your injury. Common examples include disputes over opioid pain medications, compound creams, and brand-name drugs when generics exist. If a carrier denies a prescription, your doctor can submit medical justification and request authorization. The WCB has a Medical Director’s office that can resolve these disputes.

Controlled substances require additional documentation under both WCB rules and New York’s prescription monitoring program. Make sure your treating doctor is documenting medical necessity clearly in your chart for every controlled prescription.

If the carrier is blocking necessary medications, do not go without treatment. Contact our office — prescription denials can be challenged at the WCB, and delays in treatment hurt your health and your case.

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. He still attends Workers’ Compensation board hearings himself.

Last reviewed: May 14, 2026
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  • 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.

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    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
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    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

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  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • 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.

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  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • 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.

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  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • 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.

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