Block O'Toole & Murphy Block
O'Toole
& Murphy
Premier NY Personal Injury Lawyers

Worker's Compensation FAQ

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Q. I filed a worker's compensation claim with my previous employer and am now applying for another job. Do I need to tell my new employer about the previous claims?

A. No. And you don't need to tell them about your claim before they hire you, either.

Q. I was injured at work and required medical treatment, but I didn't lose any work days. Are my medical expenses covered?

A. Yes, if the Worker's Compensation Board agrees that your injury is work-related.

Q. I was injured at work and it was partly my fault.  Will my benefits be reduced as a result?

A. No.  However, your workers' compensation benefits would be denied if you were found to have been using drugs, or alcohol, or trying to hurt yourself or someone else when the injury occurred.

Q. Who is covered by New York worker's compensation?

A. The following workers must be covered by worker's compensation insurance:

  • Employees of for-profit businesses
  • City and county public employees, excluding those covered under another system
  • Public school aides
  • New York State employees
  • Domestic workers employed 40 or more hours per week by the same employer, including nannies and babysitters, live-in maids and companions
  • Farm workers whose employers reached a specified payment threshold

Q. Who is not covered by New York worker's compensation?

A. New York City teachers, firefighters, police officers and sanitation workers are covered by another system. Clergy and teachers of non-profits and religious organizations may be covered at the employer's discretion. Employees covered by federal worker's compensation, such as postal workers, interstate railroad workers and federal employees are not covered.  Casual employees performing yard work and other chores in a single-family, owner-occupied home are not covered.  Certain types of sales persons who sign agreements stipulating independent contractor  status are not covered. Sole proprietors and some one and two-person corporations are not covered by the system but can cover themselves.

Q. If I see a doctor after a work injury, do I have to pay and then get reimbursed?

A. No.  The provider will send the bill directly to the Workers Compensation Board.

Other frequently asked questions are answered by the New York Worker's Compensation Board.

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