Question 1

What is the statute of limitations for workers' compensation in New York?

Accepted Answer

You must report the injury to your employer within 30 days. A formal claim must be filed within 2 years of the injury or last payment of compensation. Failure to report within 30 days may bar the claim unless the employer had knowledge or was not prejudiced by the delay. (N.Y. Workers' Comp. Law §§ 18, 28)

Question 2

What is New York's law on covered employers?

Accepted Answer

Virtually all employers with 1 or more employees must carry workers' compensation insurance — through private insurance, the State Insurance Fund, or authorized self-insurance. Limited exceptions exist for certain farm laborers and domestic workers. (N.Y. Workers' Comp. Law §§ 2, 3, 10, 50)

Question 3

What is New York's law on wage replacement benefits?

Accepted Answer

Total disability benefits pay 66 2/3% of average weekly wages, subject to a statewide maximum. Partial disability pays 66 2/3% of the difference between pre-injury and post-injury wages. Permanent partial disability uses a schedule of weeks for specific body parts. (N.Y. Workers' Comp. Law § 15)

Question 4

What is New York's law on choice of physician?

Accepted Answer

The injured employee may select any physician authorized by the Workers' Compensation Board. Specialist consultations and procedures over $1,000 require employer or Board authorization, except in emergencies. (N.Y. Workers' Comp. Law § 13-a)

Question 5

What is New York's law on anti-retaliation?

Accepted Answer

Employers cannot discharge, fail to reinstate, or discriminate against an employee for filing a claim or testifying in proceedings. Complaint must be filed within 2 years. Remedies include reinstatement, back wages, and attorney's fees. (N.Y. Workers' Comp. Law § 120)

Workers' Compensation Laws in New York.

Statute of Limitations

Filing Requirements

Key New York Statutes

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