Your Rights Under New York Workers’ Compensation Law

A Legal Overview for Injured Workers



The New York Workers’ Compensation Law provides essential legal protections for employees who sustain injuries or illnesses arising out of and in the course of employment. While the system is designed to deliver prompt medical care and partial wage replacement, the law is highly procedural and benefits must be properly claimed, documented, and preserved.

The following outlines your statutory rights under the Workers’ Compensation Law. This summary is intended for informational purposes and should not be construed as legal advice. If you are navigating a claim, professional legal representation is strongly recommended.

1. The Right to File a Claim

All employees—regardless of full-time, part-time, seasonal, temporary, or immigration status—have the right to file a claim under the Workers’ Compensation Law for:

• A work-related accidental injury, such as a fall, lifting incident, or equipment-related trauma; or
• An occupational disease, such as carpal tunnel syndrome, respiratory illness from chemical exposure, or hearing loss from sustained industrial noise.
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The Workers’ Compensation system is no-fault, meaning you are not required to prove negligence on the part of your employer or coworkers.

WCL § 28 imposes a two-year statute of limitations. A claim must be filed within two years of either the date of injury or the date the employee knew or reasonably should have known that the condition was causally related to their employment.

2. The Right to Timely and Ongoing Medical Treatment

Injured workers are entitled to receive all necessary medical care for the established injuries, including:

• Treatment from Board-authorized medical providers
• Diagnostic testing, surgical intervention, and rehabilitation services
• Referrals to specialists when medically indicated
• Reimbursement for travel expenses to and from appointments
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Medical care must comply with the New York Medical Treatment Guidelines (MTGs). Treatment outside or in excess of the MTGs requires a variance   request via Form MG-2, submitted by your treating provider.

These benefits may continue even after indemnity payments end, so long as the treatment remains medically necessary and causally related.

3. The Right to Choose Your Treating Physician

You may select your own treating physician, provided they are authorized by the New York State Workers’ Compensation Board.

• Your employer cannot require you to treat with a specific doctor or clinic.
• You may change treating providers during the course of your claim, subject to Board procedure.
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This right ensures that medical decisions remain in the hands of licensed professionals—not insurance administrators or employer-selected networks.

4. The Right to Be Free from Retaliation

It is illegal for an employer to retaliate against an employee for filing or pursuing a workers’ compensation claim. Prohibited conduct includes:

• Terminating or disciplining an employee for asserting a claim
• Harassing, intimidating, or discouraging an injured worker from seeking benefits
• Any other adverse employment action taken in response to the exercise of statutory rights
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WCL § 120 provides a remedy for retaliatory discharge. However, New York is an at-will employment state.  An employer may lawfully terminate an injured worker for legitimate business reasons—such as expiration of leave, inability to accommodate restrictions, or elimination of the position—provided that decision is not based on retaliation.

Unionized employees or those with contractual rights may be entitled to greater job protections under a collective bargaining agreement.

5. The Right to Due Process

You are entitled to a full and fair hearing before a Workers’ Compensation Law Judge (WCLJ) if your claim is disputed. This includes the right to:

• Submit medical records and factual evidence
• Testify on your own behalf and cross-examine witnesses
• Be represented by legal counsel
• Receive a written decision with findings and conclusions of law
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You may appeal an adverse decision to the Board Panel and, where applicable, to the Appellate Division, Third Department. The hearing and appellate process exists to ensure legal disputes are resolved fairly and based on the evidentiary record.

6. The Right to Ongoing Medical Treatment After Wage Benefits End

Even if weekly benefits have stopped—due to return to work, classification, or expiration of benefits—you remain entitled to medical treatment for your accepted injuries. These rights do not automatically close unless:

• You enter into a Section 32 settlement that specifically closes medical, or
• The Board issues a directive closing the medical portion of your claim
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Treatment must remain causally related, necessary, and properly documented. Insurance carriers cannot unilaterally stop treatment without following proper legal procedure.

7. The Right to Legal Representation

Under New York law, injured workers have the absolute right to retain legal counsel in connection with any part of their workers’ compensation claim. This includes:

• Filing and pursuing the initial claim
• Responding to denials or classification issues
• Litigating disputes over treatment, lost wages, or permanency
• Negotiating and reviewing settlements
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The Workers’ Compensation system is highly technical and procedurally dense. Unrepresented claimants often lack the legal knowledge to properly document disability, navigate classification, or contest improper denials.

Although it is unlawful for an insurance carrier to interfere with this right, insurers benefit when claimants proceed without legal counsel. They are more likely to accept lower awards, waive future medical rights, or overlook improper suspensions. In contrast, claimants represented by counsel typically secure:

• Higher compensation awards
• Better classification outcomes
• Stronger medical documentation
• More favorable settlements
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Legal counsel is not just permitted—it is often essential to ensure the fair and complete enforcement of your rights under the law.

8. What You Are Not Entitled To

While Workers’ Compensation provides important statutory protections, it is not an unlimited or all-purpose remedy. Workers are not entitled to:

• Pain and Suffering
  There is no compensation for emotional distress, inconvenience, or loss of enjoyment of life. Benefits are limited to wage loss and medical treatment.
• Full Wage Replacement
  Wage benefits are based on two-thirds of your average weekly wage, subject to statutory caps and reduced by your level of disability. There is no recovery for lost bonuses, overtime, or future earning potential.
• Ongoing Benefits Without Labor Market Attachment
  If you are classified with a partial disability, you must demonstrate continued attachment to the labor market. This may include job search efforts, retraining, or rehabilitation. Without it, wage benefits may be lawfully suspended.
• Retirement-Based Awards
  Workers’ Compensation is not a retirement system. If you retire, you must demonstrate either (a) that your retirement was causally related to your work-related disability, or (b) that you remain available for suitable employment. Otherwise, wage loss benefits may be suspended or denied.
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Additionally:

• PPD benefits are capped based on your classified loss of wage-earning capacity.
• Only claimants deemed Totally Industrially Disabled or Temporarily Totally Disabled may continue receiving benefits beyond those caps.
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The Board evaluates retirement and labor market issues on a case-by-case basis. There is no automatic presumption that a retiree has voluntarily withdrawn from the labor market—but the burden rests on the claimant to demonstrate continued eligibility

Recover the Workers’ Compensation Coverage You Deserve

Almost always, your employer's workers' compensation insurance should pay for all of your medical bills and make sure you get some of your weekly pay. But there are times when the insurance company may not pay your claim, pay it slowly, or stop paying it altogether. Workers’ comp attorney, Edward Seplavy, wants to make sure that your claim is looked at quickly, that your medical bills are paid, and that you get all the benefits you are owed for your injuries. 

Guiding You Through the Workers’ Comp Claim Process

Applying for workers' compensation can be hard and confusing. If you make a mistake, it could cost you money or even get your claim turned down. Edward Seplavy can take some of the weight off your shoulders by making sure that everything is done right from the beginning so that your claim is successful. When you hire our workers' compensation attorney, we can ensure the correct procedures are followed, forms are filled properly, investigate your case, gather evidence to prove your claim, obtain all records, negotiate with the insurance company, represent you at hearings, appeal any denials, and more!