Workers' Compensation: New York

Federal law and guidance on this subject should be reviewed together with this section.

Author: Kevin Hess, Fisher Phillips

Summary

• All New York employers are required to post the New York Workers' Compensation Notice Poster in the workplace. See Notice Requirements.
• New York has detailed regulations pertaining to the coverage of employers for the purposes of workers' compensation insurance. See Covered Employers and Employees.
• If an employee is properly covered by workers' compensation insurance, he or she must be able to demonstrate an injury that qualifies for benefits. See Compensable Injuries and Illnesses.
• New York law requires both covered employers and covered employees with compensable injuries or illnesses to comply with various claims procedures. See Claims Procedure.
• Claimants may reach a settlement with the insurance carrier who provides workers' compensation insurance or with individual employers. See Settlement of Claims.
• Employers may choose to object to an employee's claim for workers' compensation benefits. In that event, the employer can make several arguments to the state workers' compensation board. See Employer Defenses to Workers' Compensation Claims.
• When an employee is out on approved workers' compensation leave, employers are generally not obligated to provide continued fringe benefits, with one major exception. See Fringe Benefits While on Workers' Compensation Leave.
• In addition to funds for medical care to address compensable injuries, workers' compensation insurance provides for other benefits. See Benefits.