Workers' compensation provides financial and medical benefits to employees injured on the job, yet many workers in New York misunderstand their rights under the law. Common myths can prevent injured workers from seeking the benefits they are entitled to, leading to unnecessary financial hardship. This article exposes the most prevalent misconceptions surrounding workers' compensation in New York and clarifies what the law actually provides.

Myth 1: You Must Be at Fault to Receive Benefits

One of the biggest misunderstandings about workers' compensation is that employees must prove their employer was at fault for their injury. In reality, New York operates under a no-fault workers' compensation system, meaning that injured employees are eligible for benefits regardless of who caused the accident, as long as the injury occurred in the course of employment.

This rule protects workers from employer pushback and ensures that compensation is not tied to liability. However, there are exceptions—for instance, claims may be denied if an injury results from intoxication, illegal activity, or intentional self-harm.

Myth 2: You Can't Get Benefits If You Didn't Report Your Injury Immediately

While reporting an injury as soon as possible is ideal, New York law allows workers 30 days to notify their employer of a workplace injury. Failing to report an injury immediately does not automatically disqualify a worker from receiving benefits, though delays may raise questions or cause claim processing setbacks.

Workers should notify their employer in writing whenever possible to establish a clear record. Additionally, medical documentation linking the injury to the workplace is critical for a successful claim.

Myth 3: Independent Contractors Are Not Eligible for Workers' Compensation

In many cases, employers misclassify workers as independent contractors to avoid paying benefits. However, the New York Workers' Compensation Board (WCB) determines eligibility based on the actual working relationship rather than job titles. If an employer exercises significant control over how and when a worker performs their duties, that individual may qualify as an employee rather than an independent contractor.

The WCB evaluates several factors, including:

• Whether the worker uses their own tools
• The degree of supervision
• Whether the worker sets their own hours
• How payment is structured

Misclassification is a serious issue, and workers denied benefits due to improper classification can challenge their status before the WCB.

Myth 4: A Pre-Existing Condition Disqualifies You From Filing a Claim

Many workers assume they cannot receive benefits if they have a pre-existing condition, but that is not entirely accurate. If a workplace accident aggravates a prior condition, the injured employee may still qualify for workers' compensation.

For example, if a worker with a history of back problems experiences a worsening of their condition due to heavy lifting at work, they may be eligible for benefits. The key factor is whether work activities contributed to the injury's severity, even if the condition existed beforehand.

Employers and insurers sometimes attempt to deny claims by attributing injuries solely to pre-existing conditions. Having strong medical documentation linking the workplace incident to the worsening condition is essential.

Myth 5: You Cannot See Your Own Doctor

New York law allows injured workers to choose their own doctor for treatment, as long as the doctor is authorized by the New York State Workers' Compensation Board. While some employers may pressure workers to visit company-approved medical providers, employees have the legal right to select their own treating physician.

However, in emergency situations, workers may need to receive immediate treatment from a designated provider before transitioning to their preferred doctor. Checking a provider's authorization with the WCB ensures compliance with workers' compensation regulations.

Myth 6: Workers' Compensation Only Covers Medical Bills

Many people believe workers' compensation solely covers medical expenses, but benefits extend far beyond medical care. New York's workers' compensation system provides several types of financial relief, including:

• Lost wages compensation (Partial reimbursement for time off work)
• Disability benefits (Temporary or permanent compensation for lasting impairments)
• Vocational rehabilitation (Job training and assistance if a worker cannot return to their previous role)
• Death benefits (Support for surviving family members if a workplace injury leads to death)

Workers who suffer long-term or permanent injuries may be eligible for lifetime benefits depending on the severity of their disability.

Myth 7: You Can Be Fired for Filing a Workers' Compensation Claim

Many employees hesitate to report workplace injuries for fear of retaliation. However, New York law prohibits employers from firing or penalizing workers for filing a workers' compensation claim.

Retaliation can take several forms, including:

• Termination or demotion
• Reduction in hours or wages
• Workplace harassment
• Negative performance reviews without justification

Employees who experience retaliation can file a complaint with the New York State Workers' Compensation Board or the New York Department of Labor. If proven, the employer may face legal consequences and be required to reinstate the worker with back pay.

Myth 8: Workers' Compensation Settlements Are Automatic

Workers' compensation is not an automatic payout system. Claims can be challenged by employers or insurance companies, leading to disputes over medical evidence, work restrictions, and benefit amounts. If a claim is denied, workers have the right to:

• Request a hearing before a Workers' Compensation Law Judge
• Provide additional medical evidence
• Appeal the decision to the Workers' Compensation Board

Settlements are often negotiated, and workers may benefit from consulting an attorney to ensure they receive a fair outcome.

Conclusion

Misinformation about New York's workers' compensation system prevents many injured employees from securing the benefits they deserve. Understanding the law is the first step toward protecting one's rights after a workplace injury.

Workers should report injuries promptly, seek medical treatment, and document everything related to their claim. If a dispute arises, legal representation can help navigate the complexities of the system. By addressing these common myths, employees can make informed decisions and access the financial and medical support they are legally entitled to.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.