What Workplace Injuries Are Covered by Workers’ Comp?

When you’re hurt on the job, dealing with physical pain while worrying about how you’ll support your family can be overwhelming. Although the New York workers’ compensation system is designed to provide a vital safety net, navigating it can be confusing, especially when third-party personal injury claims are involved.



At Chelli & Bush, Attorneys at Law, our personal injury lawyers have stood by the sides of injured workers in Staten Island, Brooklyn, and surrounding communities for more than five decades . Here, we discuss what workplace injuries are covered and the paths that may be available to maximize your total recovery. 

Key Takeaways

No-fault system — Generally, you may receive workers’ compensation benefits regardless of how an accident happened as long as it was in the course of your employment.

Strict deadlines — You must notify your employer in writing within 30 days of the accident and file a workers’ comp claim within two years from the date of injury.

Third-party claims — If the negligence of someone other than your employer caused your workplace injury, you may be able to file a separate personal injury lawsuit for damages.

Proven results — Our Staten Island personal injury attorneys have more than 50 years of experience and have recovered over $500 million for injured clients.

Understanding Workers’ Comp Coverage in NY

Workers’ compensation is a form of insurance that provides medical care and partial wage replacement benefits to employees who are injured on the job or suffer from an occupational disease. In New York, workers’ comp is a no-fault system, which means you are entitled to benefits regardless of how a workplace injury occurred, with a few rare exceptions.

While the workers’ comp system covers a wide range of workplace injuries, a claim may be denied if:

• Injuries were sustained while under the influence of drugs or alcohol
• Injuries resulted from "horseplay" or intentional self-harm
• Lack of medical evidence
• Failing to see a doctor authorized by your employer’s PPO or the New York Workers’ Compensation Board (WCB)

Common Types of Workplace Injuries

• Broken bones, brain and spine injuries, lacerations, and other injuries caused by falls from heights, slip-and-fall accidents, and falling objects.
• Crush injuries due to being caught between or under heavy equipment.
• Soft tissue injuries, such as torn ligaments or muscle strains from heavy lifting.
• Occupational illnesses, usually related to toxic chemical exposure, dust, and other hazardous substances such as asbestos.
• Repetitive motion injuries, which can cause damage to joints, muscles, tendons, and nerves and lead to conditions like carpal tunnel syndrome.
• Work-related duties or injuries that aggravate a pre-existing condition.

Filing a Workers’ Comp Claim in New York

It’s important to take certain steps to protect your rights after a workplace injury.

• Seek medical care — Your health should always be your top priority. Make sure to tell any healthcare providers that your injury is work-related. This provides valuable documentation you’ll need for your claim.
• Notify your employer — Tell your supervisor or employer what happened and provide formal notice in writing within 30 days of your injury.
• File Form C-3 — This is the formal employee claim filed with the New York Workers' Compensation Board (WCB).

Follow all doctor’s orders and submit detailed medical documentation that backs up your claim. Insurers look for any reason to minimize injuries or deny claims, and missing appointments or failing to follow through with treatment can jeopardize your benefits. 

If your claim is denied or your benefits are reduced, don’t lose hope. You have a right to appeal the decision with the WCB. An experienced workers’ comp lawyer can help you with the process and fight for the full amount of benefits you deserve. 

Third-party Personal Injury Claims for Workplace Injuries

While workers’ comp offers medical coverage and partial wage replacement, it rarely covers the full scope of a job-related injury. It doesn’t provide for pain and suffering or the emotional toll an accident can take on families. This is where a third-party personal injury claim may come into play.

Generally, workers are prohibited from suing their employers in New York. A third-party claim is separate from workers’ comp and can be filed against someone fully or partially responsible for your injury who is not your employer. 

• Manufacturers of defective tools, equipment, and harmful substances
• Property owners, if you were injured due to unsafe conditions at a job site not owned by your employer
• Subcontractors whose negligence caused your injury
• Other motorists if you were in a car accident while driving for work

A well-known example of third-party liability is an asbestos manufacturer that’s paid billions of dollars in damages to victims and families harmed by decades of work-related exposure. 

Why Consulting a Personal Injury Attorney is Crucial

Before filing a third-party claim, it’s vital to speak with an experienced personal injury lawyer who can advise you of your options. Filing claims without understanding the potential repercussions can significantly impact the total amount of compensation you receive. Your personal injury attorney will work closely with your workers’ comp lawyer to ensure your total recovery is maximized. 

In New York, the workers’ comp insurance company may place a lien on your personal injury settlement. This means they may ask to be paid back for medical bills or lost wages they already covered. Your personal injury lawyer can negotiate this lien to ensure more money stays in your pocket.

If you settle a third-party case without the written consent of the workers’ compensation carrier, you also run the risk of permanently losing your right to future medical care or wage replacement benefits. Your workers’ comp lawyer and personal injury team can coordinate both claims to maximize your total recovery for your medical care, lost income, pain and suffering, and other damages.

Why Choose Our Personal Injury Lawyers in Staten Island?

When a workplace injury turns your life upside down, Chelli & Bush can help you pick up the pieces and find the justice you deserve. With us, you get:

• Five decades of experience — We’ve successfully handled complex work injury claims for over 50 years and have recovered more than $500 million for our clients.
• Relentless advocacy —  We know how to take on powerful insurers with strength, patience, and resolve. If a reasonable settlement can’t be reached, we’re always prepared to take your case to trial.
• No upfront costs — Our Staten Island personal injury law firm takes cases on a contingency fee basis. This means you pay nothing unless we recover compensation for you.
• Local focus — Our team is familiar with the legal nuances of the New York workers’ compensation system and has longstanding professional relationships with local judges, attorneys, and insurance company representatives.

Find a Personal Injury Attorney for Your Workers’ Comp Case Near You in Staten Island

At Chelli & Bush, Attorneys at Law, we know that a workplace injury can impact all aspects of your life. Call 718-987-8444 or contact us to schedule a free consultation with a workers’ comp lawyer near you in Staten Island. We serve clients in Staten Island, Brooklyn, and surrounding communities. 

Frequently Asked Questions About Workers’ Comp in NY

Do I need a lawyer for a workers’ comp claim in NY?

While legal representation isn’t required, a workers’ comp lawyer or personal injury attorney can protect your rights and help maximize your total compensation so you can focus on healing.

How long do I have to file a workplace injury claim in NY?

You must notify your employer of your injury within 30 days, but you have up to two years to file a workers’ comp claim. For a third-party personal injury lawsuit, the statute of limitations is generally three years.

Are pre-existing conditions covered?

If your work made an existing injury or condition worse, you may be entitled to compensation. That’s why it’s important to be open with your attorney about any previous injuries and your medical history. Trying to hide a pre-existing condition can hurt your credibility and your claim.