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NY State Workers' Compensation

If you have suffered a workplace injury or illness you may be eligible for workers' compensation benefits. Workers' compensation benefits include both monetary benefits and medical care. Your claim must be filed with the New York State Workers' Compensation Board to ensure your rights are protected. Workers are covered for accidental injuries and occupational diseases.


An accidental injury is an injury sustained as a result of an occurrence while in the course of your employment. Some of the most common examples of an accidental injury would be if you are injured as a result of lifting something heavy at work, a trip and fall or a laceration from a sharp object. Injuries sustained in a motor vehicle accident while in the course of employment are also compensable.

Occupational Disease

An occupational disease is a medical condition that is a direct result of the very nature of ones work. Some of the most common examples of occupational disease claims would be asbestosis, silicosis and asthma. Also grouped into the occupational disease category would be repetitive stress type injuries such as carpal tunnel syndrome.

Heart attacks and strokes have also been deemed as compensable conditions under the law. However there are many different factors to consider when evaluating the compensability of heart attack or stroke claim.

As many workers compensation claims can involve complicated issues that are further bogged down by the workers' compensation insurance carriers we would encourage legal representation in all matters.

Death Claims

Should a family member lose their life while working the surviving spouse, children or estate may be entitled to monetary benefits.

What to do when injured at work:

  • Notify your supervisor immediately of the injury. Notice must be done within 30 days.
  • Seek medical attention immediately and make sure to advise your doctor or hospital staff that they are seeing you for a work related injury.
  • Call an attorney who specializes in New York State Workers’ Compensation Benefits.
  • File a claim with the Workers’ Compensation Board.
  • Do not speak to anyone other than your doctor or attorney regarding your claim.

Miller & Caggiano, LLP. Leading, Defending, Compassion