Workers’ Compensation is Your Benefit: Do Not Be Denied

I receive many calls about work-related injuries and Workers’ Compensation. Some concern efforts by employers to dissuade workers from filing Workers’ Compensation claims. With very few exceptions, if you suffer an injury on the job in New York, you are entitled to Workers’ Compensation benefits and your employer is required to provide you those benefits.

Let me share the results of a client call that I received yesterday:

Facts of the Case: An Injury on the Job

I received a phone call yesterday from a potential client with a question about an injury he suffered on the job. This man works for a moving and storage company and while working in the Bronx, a piece of wood struck him in the face. The incident caused a laceration on his face and a bad headache. His employer put him in a cab and sent him to the hospital.

He has now missed several days of work due to his injuries. He has developed blurry vision, which means he cannot perform his job as a truck driver. He has an appointment to see an ophthalmologist.

The employer does not provide health insurance to employees and the man does not have private health insurance on his own; he is one of the estimated 2.5 million New Yorkers with no health insurance.

Workers’ Compensation is Not an Optional Benefit

A person from his company’s Human Resources Department called the man and told him that he had the option to file for Workers’ Compensation. According to the man, the HR staff person tried to dissuade him from filing for Workers’ Compensation benefits.

New York Workers’ Compensation benefits are not optional. If you are injured on the job, you automatically qualify for Workers’ Compensation and your employer should file for you immediately. You should follow up to make sure that your employer files for your benefits. If your employer has not filed, then you should request that an employer do so. If you have a problem, you should contact a qualified New York attorney to protect your rights.

Workers’ Compensation will cover your medical expenses and reimburse your for cash losses. If you must miss more than seven days of work due to a work-related injury or illness, Workers’ Compensation will partially reimburse your lost wages. The amount you receive will depend upon your average weekly wage for the previous year. The maximum amount paid cannot exceed $500 per week.

You can learn more about Workers’ Compensation in New York by checking my web site You can click here to go to the information on New York’s Workers’ Compensation program. You can click here to go to the New York State Workers’ Compensation Board web site.

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.

I hope you found this information helpful. Please call or email me if you have comments.

Carol L. Schlitt
New York Personal Injury Attorney