New York workers' comp FAQ

Not right away. There is a 7-day waiting period with no cash benefits. But if your disability lasts more than 14 days, you are paid retroactively back to day one. Medical treatment is covered from the start.

Yes — you can choose any doctor who is authorized by the New York Workers' Compensation Board. The exceptions are a true emergency (see anyone) and cases where your employer participates in a certified Preferred Provider Organization, which can require its network for an initial period.

No. Workers' compensation wage-replacement benefits are generally not subject to federal or New York State income tax.

Not necessarily. The Board looks at the real working relationship, not the 1099. If you were treated like an employee — set hours, employer's tools, no independent business — the Board can find you were misclassified and grant coverage. In construction and commercial trucking, the law presumes you are an employee unless strict tests are met.

Yes, if you are only partially disabled. You would receive reduced-earnings benefits — roughly two-thirds of the difference between your old and new wages. You must report the work and earnings; hiding them is fraud.

Temporary benefits last while your disability and wage loss continue. Permanent awards are fixed: a Schedule Loss of Use pays a set number of weeks (e.g., 312 for a full arm); non-schedule permanent partial is capped by your loss of wage-earning capacity (225–525 weeks); permanent total disability is paid for life.

No. Workers' comp attorney fees are set and approved by the Board and taken out of your award — never billed to you directly or in advance. If you win nothing, there is generally no fee.

Common reasons are missed deadlines, thin medical documentation, or a dispute that the injury is work-related. You can request a hearing before a judge and appeal up a four-level ladder (Board Panel, Full Board, Appellate Division, Court of Appeals), each with a 30-day clock. Gather complete medical records and consider representation.

The maximum in effect on your date of injury — and it never rises afterward, even as the state raises the cap each July. See the historic rate table to find yours.

No. WCL §120 makes it unlawful for an employer to fire or discriminate against you because you filed or tried to file a claim. New York is at-will, so an employer may replace a worker who truly cannot do the job — but not because of the claim. File a DC-120 complaint if it happens.