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Workers’ Compensation in New York—What You Need to Know—Part One

You’ve been hurt on the job in the state of New York. You’ve heard from others that you are entitled to workers’ compensation benefits. But what does that mean? How does the workers’ compensation system work? Who pays for it and where does it come from?

What Is Workers’ Compensation?

Workers’ compensation is essentially a form of insurance that almost every employer in New York is required to carry. It’s designed to provide coverage when a worker is injured because of the fault of an employer or a co-worker. The benefits you are eligible for when you file for workers’ compensation are designed to cover two specific types of losses: 1) any medical expenses you incur because of the injury; and 2) a portion of your lost wages because of the injury.

As a general rule, workers’ compensation benefits are only available if you are unable to work and are terminated when you return to your job. However, if you have permanent injuries, but can still return to work, you may be entitled to a cash settlement when your workers’ compensation benefits end.

One of the most important things to understand is that workers’ compensation is basically a “no fault” system. That means that you don’t have to show that your employer or a co-worker was negligent—you only have to show that you were injured while working.

Who Pays for Workers’ Compensation?

The premiums for your workers’ compensation insurance are paid by your employer—they are not deducted from your pay.

Workers’ Compensation in New York—What You Need to Know

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

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.