Workers' Compensation In New York: A 2026 Overview

Workers’ Compensation in New York: Basics

Most states have a workers’ compensation system to help protect injured workers. Employers purchase workers’ compensation insurance policies, and if an employee is hurt at work or gets a work-related illness, they may file a claim against that policy.

If the claim is approved, the worker’s medical care will be covered, and they may receive wage replacement benefits.

How Workers' Comp Works in New York

Workers’ compensation in New York protects employers as well as workers. Generally, if an employee suffers a work injury, they may not file a lawsuit against the employer. Because it is a no-fault system, the fact that a claim is approved does not mean that the employer acted negligently.

Most work injuries and work-related illnesses are covered by workers’ compensation. However, if an employee was under the influence of drugs or alcohol, fighting another employee or breaking established safety regulations at the time of injury, their claim may be denied.

Who Needs Workers’ Comp Insurance in New York?

New York requires most employers to carry workers’ compensation insurance. However, certain kinds of businesses and employees may qualify for a workers’ comp exemption:

• Sole proprietorships
• Partnerships established under New York state laws
• One- or two-person companies where owners have all the company stock

These types of businesses are only exempt from workers’ compensation requirements if they have no employees.

What Workers’ Comp Covers in New York

Although each state has slightly different laws surrounding workers’ compensation insurance, the benefits are very similar from state to state. Workers’ compensation in New York generally covers the following:

Medical Care

This is one of the most important workers’ compensation benefits. If a worker’s claim is approved, workers’ compensation generally pays for all necessary medical care. However, workers usually must choose a doctor who is authorized by the Workers’ Compensation Board.

Workers’ comp will also usually pay for ongoing rehabilitative care like physical therapy.

Lost Wages

Workers can usually receive two-thirds of their average weekly wage as they recover.

Disability Benefits

If the injury leads to a permanent partial or total disability, an injured worker may receive ongoing disability benefits.

Death Benefit

If an employee dies at work, workers’ compensation covers their funeral and burial expenses.

Claim Process and Deadlines in New York

Here’s a quick look at the claims process and key deadlines:

Within 30 Days of the Injury

Employees should notify their employers of the injury as soon as possible. However, they are required to issue a written notice within 30 days. Immediately after, an injured employee should file a claim with the Board of Workers’ Compensation.

Within 10 Days of Notice

Within 10 days of being notified by the employee, the employer must notify their insurance company. They must only make this notification if the employee either needs medical care beyond first aid or misses at least one day of work (besides the day the injury happened).

Within 14 Days of Employer’s Report

The insurance company gives the employee a written statement of their rights.

Within 18 Days

If the claim is approved, the insurer starts paying benefits. Benefits are paid every two weeks.

Posting Compliance and the Workers’ Compensation Board

New York makes it relatively easy for employees to verify that their employers have proper workers’ compensation insurance. State law requires employers to post a Notice of Compliance - Workers’ Compensation Law (Form C-105) in a place where all employees can see it.

The New York Workers’ Compensation Board fines employers who fail to display this notice up to $500 for each violation.

Rates and Premiums in New York

If you’re an employer, you might be wondering: How much does workers’ comp insurance cost in New York? On average, New York employers pay $998 per year in workers’ compensation insurance.

However, keep in mind that the cost of coverage can vary dramatically between industries. For example, if you own a retail store, your premiums will likely be much lower than if you owned a roofing business.

When to Get Legal Help in New York

If you’re an employer unsure of your coverage requirements or an injured employee having issues getting a claim approved, contact a workers’ compensation lawyer as soon as you can.

The stakes are high when you’re dealing with workers’ compensation: non-compliant employers could face thousands in fines, and employees whose claims are denied might be stuck paying for medical care out of pocket.

If you aren’t sure where to look for legal assistance, let us help. ConsumerShield matches people across the country with legal professionals who meet their needs. Whether you’re looking for a New York car accident lawyer, need help with workers’ comp or have any other legal questions, fill out our form for a free case review today!