Workers' Compensation
Articles and case notes on New York workers' compensation, including where it meets no-fault benefits and third-party injury claims.
24 articles from 2009–2026 · 7 current · 1 reviewed case notes · by Jason Tenenbaum
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- Can a New Workers' Comp Decision Make Your Appeal Moot? Sep 17, 2026
The Third Department dismissed an employer's workers' comp appeal as moot after the Board amended its own decision. What happened, and NY's expanded PTSD law.
- WTC-12 Deadline Extended to 2030: Who Must File and Why Sep 8, 2026
New York's WTC-12 registration deadline is now September 11, 2030 after a September 2026 extension. Who must file, what it preserves, and why to file now.
- Prior Injury and Workers' Comp: What You Must Disclose Sep 10, 2026
WCL 114-a punishes knowing misrepresentations, not honest gaps. A September 2026 Third Department decision shows where the line is and what insurers dig up.
- No-Fault Claims and Workers Comp Jul 14, 2025
How New York workers’ compensation and no-fault benefits interact after a work-related car accident, including notices, offsets and third-party claims.
- New York Workers' Comp Mileage Reimbursement Is Now 76 Cents Per Mile: How to Actually Collect It Sep 1, 2026
The Workers' Compensation Board raised the personal-vehicle rate to 76¢/mile for travel on or after July 1, 2026 (72.5¢ for earlier 2026 trips).
- Heat Stroke at Work in New York? You May Have a Claim Jul 6, 2026
New York workers injured by heat stroke on construction sites or outdoor jobs may be entitled to compensation beyond workers' comp. Know your rights.
- How to Win Your Workers’ Comp Fight Aug 20, 2025
Learn how to successfully navigate workers' compensation claims, understand different claim types, and overcome common challenges to secure your benefits.
How the firm handles these matters
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2018 (2)
2017 (3)
2015 (1)
2014 (1)
2013 (2)
2012 (2)
2010 (3)
Frequently asked questions
How does workers' compensation work in New York?
Under Workers' Compensation Law § 10(1), every covered employer must secure compensation to employees for disability or death from injury arising out of and in the course of employment, without regard to fault. Benefits include medical care under § 13 and weekly cash benefits at two-thirds of the average weekly wage under § 15, capped at two-thirds of the New York State average weekly wage. Written notice of the injury must be given to the employer within 30 days under § 18, and a claim must be filed within two years after the accident under § 28. The Workers' Compensation Board decides disputes.
Can I sue my employer for a workplace injury?
Usually no. Workers' Compensation Law § 11 makes the employer's liability for compensation exclusive and in place of any other liability to the employee for a work injury. The statute names one exception: if the employer failed to secure compensation as § 50 requires, the employee may elect to claim compensation or to sue for damages, and in that suit the employer cannot raise contributory negligence, fellow-servant or assumption of risk defenses. The injured worker keeps the right to sue anyone else whose negligence caused the injury; under Workers' Compensation Law § 29(1), that action may be brought while taking compensation, and the carrier has a lien on the recovery.