What Is New York State Workers’ Compensation?

In New York State, an employee cannot sue their employer when injured on the job, even if the employer was negligent in some way. Instead, an injured worker may make a claim under the Workers Compensation law, which requires that an employer must provide New York Workers’ Compensation insurance to cover on-the-job injuries.

The employer must pay for this insurance policy and cannot require employees to contribute to the cost. Once an employee makes a claim under Workers’ Compensation, the Workers Compensation insurance carrier will decide whether they are accepting or contesting the claim. The claim will then proceed through the New York Workers’ Comp Board, which is the administrative court that oversees the case.

Although an employee cannot sue their employer in New York State when injured on the job, if there is a third party that was negligent, the injured worker may have a viable third party lawsuit that is separate from the Workers Compensation case and may provide for payments that are not covered by Workers Comp.