NY Workers Compensation Eligibility: Who Qualifies and What To Do If You’re Denied
Many New York workers don’t realize that they may qualify for workers’ compensation if they are injured on the job, even if they’re part-time workers, undocumented immigrants, or independent contractors. If you were hurt at work and are unsure whether you are eligible for workers’ compensation benefits in New York, read on to learn about qualifications, exceptions, and what to do if your claim is denied.
Expertise
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
Quick Links
- Who Is Eligible for Workers’ Compensation in New York?
- What Types of Injuries or Illnesses Are Covered?
- What If Your Employer Claims You’re Not Eligible?
- Can Undocumented Workers Get Workers’ Comp in New York?
- What Happens If You’re Misclassified as an Independent Contractor?
- What To Do If Your Claim Is Denied Based on Eligibility
- Why It’s Important to Act Quickly After a Work Injury
- Why Choose Meirowitz & Wasserberg to Help With Your NY Workers’ Compensation Case
- Meirowitz & Wasserberg Workers’ Compensation Settlements & Verdicts
- What Our Workers’ Compensation Clients Are Saying
- Am I Eligible for Workers’ Compensation in New York?
- Get Help With Your NY Workers’ Compensation Claim Today
Who Is Eligible for Workers’ Compensation in New York?
Under New York law, virtually all employers must provide workers’ compensation coverage for their employees, and they must post notice of coverage in their place of business. Most employees are automatically covered by their employers’ workers’ compensation insurance, and eligibility isn’t affected by immigration status, hours worked, or who was at fault for your workplace injury or illness. However, the injury or illness must have occurred during the course of your employment to qualify for benefits.
Workers Typically Covered Under NY Workers’ Comp
In New York, the common types of workers who are typically eligible for workers’ compensation benefits through their employers include:
- Full-time and part-time employees
- Temporary or seasonal workers
- Undocumented immigrants
- Domestic workers (working 40+ hours/week for one employer)
- Construction workers and laborers
- Volunteers in specific roles like EMS or firefighters
If you were injured on a construction site, our New York City construction accident lawyer can help you understand your legal rights and options.
Workers Often Not Covered Under NY Law
Despite New York’s broad-reaching workers’ compensation laws, some workers cannot receive workers’ compensation benefits due to how they are classified or the nature of their work. Some workers who may be ineligible for benefits include:
- Independent contractors (unless misclassified)
- Freelancers or gig workers (e.g., Uber/Lyft drivers)
- Sole proprietors without employees
- Federal employees (covered under FECA)
- Clergy or certain religious workers
What Types of Injuries or Illnesses Are Covered?
To qualify for workers’ comp, a worker must have an injury or illness that arose directly from their employment. Covered conditions include the following:
- Sudden physical injuries (e.g., falls, cuts, sprains)
- Repetitive stress injuries (e.g., carpal tunnel)
- Occupational diseases (e.g., lung damage, chemical exposure)
- Mental health injuries caused by a traumatic job-related event
What If Your Employer Claims You’re Not Eligible?
Workers are sometimes wrongly told that they don’t qualify for workers’ compensation benefits, especially in misclassification cases. If this happens, ask your employer for a written explanation and gather documentation relevant to your job, such as pay stubs, schedules, and a list of job duties. Then, you may be able to file a claim directly with the New York Workers’ Compensation Board. A workers’ compensation attorney can assist you in challenging your employer’s denial of benefits.
Can Undocumented Workers Get Workers’ Comp in New York?
There is a common misconception that undocumented immigrants working in New York are ineligible for workers’ compensation benefits–this is not the case. Undocumented workers are eligible for workers’ compensation in New York, as state law does not require immigration status for coverage. If you’re injured on the job, you have rights.
What Happens If You’re Misclassified as an Independent Contractor?
Employers sometimes label workers as “contractors” to avoid providing benefits. In many cases, workers are legally employees because of the level of control, scheduling, and job duties involved. New York law focuses on how the work is performed, not just what your job title says.
What To Do If Your Claim Is Denied Based on Eligibility
If you have been told you don’t qualify for workers’ compensation benefits, take the following steps to challenge the denial.
- Submit Form C-3 with the NY Workers’ Compensation Board
- Request a hearing with the board if your claim is denied
- Gather evidence to prove your job status and injury
- Contact an experienced New York workers’ comp lawyer to fight for your rights
Why It’s Important to Act Quickly After a Work Injury
After being injured or becoming ill on the job, workers have a limited time to report injuries and file a claim. Acting fast helps:
- Preserve evidence of the injury
- Connect the injury to any necessary medical treatment chronologically
- Document medical treatment and bills
- Avoid deadlines that could result in denial
Why Choose Meirowitz & Wasserberg to Help With Your NY Workers’ Compensation Case
At Meirowitz & Wasserberg, our nationally recognized workers’ compensation attorneys focus on personalized client care and an aggressive litigation strategy, striving to secure maximum compensation for injured workers across the state. Our team helps workers prove their eligibility, challenge denials, and maximize their workers’ compensation benefits. We’ve helped countless misclassified employees, undocumented workers, and wrongfully denied workers recover the compensation they deserve. We offer free consultations and take no legal fees unless we win your case.
Our Law Firm has recovered hundreds of millions of dollars on behalf of people that are seriously injured through no fault of their own, and we have won these cases on behalf of our clients against some of the biggest corporations in America
Meirowitz & Wasserberg Workers’ Compensation Settlements & Verdicts
Over the years, the Meirowitz & Wasserberg team has recovered more than $500 million in verdicts and settlements for our clients, including the following successful results.
- $373,644 in benefits, payable over 400 weeks, for a 9/11 volunteer diagnosed with severe reactive lung disease due to toxic exposure.
- $165,000 full and final settlement for a painter who suffered a head injury after striking the ceiling on the job.
- $125,000 indemnity-only settlement for a telecommunications lineman who was injured in a fall while working in the field.
- $205,000 indemnity-only settlement for a construction worker who fell 14 feet from a broken ladder, with medical benefits left open.
- $233,000 schedule loss of use with ongoing medical coverage for a professor injured in a fall down a staircase.
What Our Workers’ Compensation Clients Are Saying
At Meirowitz & Wasserberg, our experienced, compassionate attorneys strive to achieve the best possible results for every client while providing the support they need along the way. Hear from some of our previous clients below.
“I've had the privilege of working with Mr. Brian Russell from Meirowitz and Wasserberg law firm, and I never met a more kind, caring, compassionate, and supportive lawyer. Brian is very smart and knowledgeable within his field. He will work endlessly to win your case. He will give you that one-on-one attention and is always available to provide answers and emotional support to alleviate any of your concerns. There were many times I didn't have faith in the process, but Brian was always there to reassure me. I'm so grateful to have had Brian by my side in aiding me in getting my life back together. During the most difficult times of my life, he will always be remembered by me for all that he has done for me. I highly recommend him. He is very dedicated and sincere, and wants the best for you. Thank you, Brian.”
“The lawyers at Meirowitz and Wasserberg are very professional and stay true to their word. I got immediate help that was needed when I got into a severe construction accident that injured both my rotator cuffs. This firm knows and wants the best for you."
“The lawyers at Meirowitz and Wasserberg are incredible professionals. They helped me through my construction accident in the city with extreme personal care and respect. They made the process quick and painless for me and kept me informed and confident throughout my experience. I would recommend their business to anyone, and I am extremely happy to have worked with the firm.”
“I had an outstanding experience working with Brian Russell at Meirowitz & Wasserberg. From the beginning, Brian demonstrated exceptional professionalism, deep legal expertise, and a sincere commitment to my case. He was always accessible, clearly explained each step of the process, and made sure I felt informed and supported the entire way.
Brian's attention to detail, strategic thinking, and compassionate approach made a difficult time much easier to navigate. He truly went above and beyond to ensure the best possible outcome. I’m incredibly grateful for his dedication and would highly recommend Brian Russell to anyone in need of a skilled and trustworthy attorney."
When you hire Meirowitz & Wasserberg, you hire a team of trial lawyers and support staff that are there to be with you every step of the way from the day that we sign up your case until the day that we resolve it. We've recovered hundreds of millions of dollars on behalf of our clients and have the resources to fight those big corporations.
Am I Eligible for Workers’ Compensation in New York?
Every workplace injury claim is different, and eligibility for workers’ compensation benefits depends on multiple factors like your employment status, where the accident happened, and whether it was related to your job duties. It’s important to speak with a workers’ compensation attorney who can evaluate your situation and confirm whether you qualify for benefits under New York law.
Get Help With Your NY Workers’ Compensation Claim Today
A work injury can physically, emotionally, and financially disrupt every part of your life. If you’re seeking justice and compensation for your injuries, you don’t have to face this alone. At Meirowitz & Wasserberg, we fight for the rights of injured and sick employees—including part-time, undocumented, and misclassified workers—and we’re committed to securing the full benefits they deserve. Let us handle the legal battle while you rebuild your life and focus on healing. To learn more about your workers’ compensation eligibility or to get help with a claim, contact us today online or by calling 800-726-6326, extension 123.
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Workers Compensation Settlements
$373,644
Toxic Exposure
$233,000
Slip & Fall
$205,000
Construction Slip & Fall
$212,000
9/11 Toxic Exposure
The lawyers at Meirowitz and Wasserberg are very professional and stay true to their word. I got immediate help that was needed when I got into a severe construction accident that injured both my rotator cuffs. This firm knows and wants the best for you.
Daniel Choi