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Am I Eligible for Workers’ Compensation Benefits?

Experienced NYC | Brooklyn | Queens | Bronx Workers’ Compensation Attorneys

Am I Eligible for Workers’ Compensation Benefits?

Like every other state, New York has workers’ compensation laws designed to be the primary (and sometimes exclusive) remedy when a person is hurt on the job. But there are specific requirements for eligibility for workers’ compensation benefits—not every injury that keeps you from working will qualify you for workers’ compensation payments.

The basic criteria to qualify for workers’ compensation benefits are:

  • You must have been injured on the job or during the course of your employment. Injuries suffered in a motor vehicle accident will qualify if you were traveling for work at the time of the crash.
  • You must have been an employee of the person or company from whom you seek benefits. If you were self-employed, you typically cannot seek benefits from a third party with whom you contracted to do some work. For example, if you are a construction subcontractor, you may have no workers’ compensation claim against a general contractor or owner for injuries suffered on a construction site.
  • The business that employed you at the time of the injury must have had workers’ compensation insurance or have been required by law to carry such insurance. In New York, there are very limited exceptions to the requirement that companies carry workers’ compensation insurance—typically, a business will only be exempt there are no employees (other than owners).

Am I Eligible for Workers’ Compensation Benefits?

Queens | Brooklyn | NYC | Bronx Workers Compensation Attorneys

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.