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January 2023

5 Things You Should Know About Workers’ Compensation in New York State

By Workers Compensation

Workers’ Compensation laws vary across the United States. Each state has its own compensation laws, and It’s important to know the specific regulations for the state in which you live in. Continue reading to discover 5 key things you should know about workers’ compensation here in New York State. 

1. Filing a Workers’ Comp Claim in NYS

In New York State, you are required to notify your employer of a workers compensation claim within 30 days of the illness or injury. If 30 days pass and you have not notified your employer, you could lose your rights to receiving workers comp benefits. 

Also, you will want to file an employee claim with the Workers Compensation Board in New York as soon as possible. Items needed to do this include:

  • Your employer’s name and address
  • The dollar amount of gross wages paid per pay period 
  • The names and addresses of any other employers you worked for at the time of your injury or illness 
  • The name and address of the doctor / hospital that provided your initial treatment 

2. Types of Employees Covered 

Under NYS workers’ comp law, individuals who work at a for-profit business are considered employees to that business. Those who are considered an employee may be: 

  • Part-time
  • Full-time
  • Temporary
  • Seasonal
  • Casual / day labor
  • Unpaid including volunteers and family members 

All of the following positions listed above must be covered by a New York employer’s workers’ compensation insurance. 

3. Medical Treatment Under Workers Comp. 

When an employee gets ill or injured, the employee should immediately seek medical attention as well as notify their employer. The health care provider should be authorized by the NYS workers’ compensation board. In the case of a minor injury, the employer can pay directly for first-aid treatments. 

What is considered to be a minor injury?

In New York State, an injury is considered to be minor if 

1. It requires two or fewer treatments 

2. The lost time at work amounts to less than one day 

Minor injuries do not need to be reported to the New York State Compensation board. However, the employer should complete a report on the injury and the form shall remain in business files for at least 18 years.The New York Workers Compensation Board can review these files at any time. 

All injuries, with the exception to minor injuries, must be reported to the NYS Workers’ Compensation Board and businesses’ carrier within 10 days. Failure to file within 10 days, means the NYS Workers’ Compensation Board could impose a penalty up to $2,500. 

4. What affects NYS workers comp. cost? 

There are several factors that can influence the cost of workers’ compensation in New York. This may include the businesses payroll, location, number of employees, claims history and the type of industry. According to Cerity, the estimated employer rate for workers’ compensation insurance in New York is $.07 per $100 payroll for the lowest risk jobs, and $29.93 per $100 in payroll for the highest risk jobs. 

5. What to do if your claim gets denied?

All too often, many companies in New York State deny workers’ compensation claims and leave you out to dry. If your injury took place on their premise and was related to your job duties, then your employer is responsible for the injury. 

At Losi & Gangi, we have a certified team of professional attorneys who can assist you with your workers’ compensation case. If you were hurt at work and a company has denied your workers’ compensation claim, take action to get the benefits you deserve. Call Losi & Gangi today at 716-854-1446 for a free consultation. 

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