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Frequently Asked Questions (FAQs)

Frequently Asked Questions—New York Workers’ Compensation—Qualifying for Benefits

When you’ve been injured on the job or developed an illness because of exposure to workplace conditions, the first thing you want to know is whether or not you’ll be eligible for workers’ compensation benefits, so that you can meet your financial obligations and get the medical care you need. Here are some frequently asked questions about qualify for workers’ compensation in New York.

Q: What are the basic requirements for eligibility for workers’ compensation in the state of New York?  

A: To qualify to receive workers’ compensation benefits, you must prove only two things—that you suffered an injury or contracted an illness, and that it was work-related. If it’s a traumatic injury, you demonstrate that you were “in the course of employment” when the accident happened. If it’s an occupational disease, you must show that your job caused you to be exposed to a substance or condition that caused your illness.

Q: Must my injury occur on company property?

A: No. It must only be in the course of your employment. You can seek workers’ compensation benefits if you are injured in an offsite motor vehicle accident, or in any offsite activity that’s part of your job. In fact, if you work remotely (from your home or any other location), you can seek compensation for any injuries suffered, provided you were working at the time. In fact, you may be able to get compensation if you fell on your way to the kitchen to get a cup of coffee, provided it was a regular break during a work period, and not before/after you were working.

Q: Will you qualify for workers’ compensation benefits if you were injured on a break?  

A: It depends. All workers are entitled to periodic breaks, including meal breaks. If you suffered injury on company property during a regularly scheduled break, you will typically be eligible for workers’ compensation benefits, unless you were engaged in horseplay or conduct clearly in violation of posted company policy. That even applies to a meal break. However, if you leave the company premises to get lunch, you won’t qualify for workers’ compensation benefits for injuries suffered after you leave and before you return, unless you perform company-related tasks at the request of a supervisor while on your break.

Q: Can I get workers’ compensation if I am hurt at a company outing?

A: As a general rule, you can collect workers’ compensation for injuries suffered at any company-sanctioned or sponsored event, whether your attendance is voluntary or mandatory. You may be disqualified if you engaged in reckless or inappropriate behavior, suffered self-inflicted injuries or  clearly violated known company safety policies.

Proven Workers’ Compensation Lawyers—New York City | Queens

At Pyrros, Serres & Rupwani, we work with clients who have suffered all types of work-related injury, including:

Occupational Illness or Disease| Hearing or Vision Loss | Back and Neck Injury| Shoulder, Arm, Hand and Finger Injury | Traumatic Brain Injury (TBI) | Spinal Cord Injury | Fractures | Burns | Paralysis |  Paralysis | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Hip, Leg, Foot and Toe Injury | Accidental Death

We offer more than half a century of combined workers’ compensation experience to injured workers throughout the NYC metropolitan area, including the borough of Queens. We built our practice on a commitment to the highest levels of personal service and attention, making certain we learn the details of your injury, so that we can fully protect your rights. We work closely with colleagues in the legal profession, offering our experience, skills, knowledge and resources to your clients who have been hurt on the job.

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

Pyrros, Serres & Rupwani

Workers’ Compensation Attorneys—Queens, New York