Workers' compensation law in New York State

Overview

The Workers' Compensation Law was developed in 1914 by statute to provide medical treatment and wage loss benefits to workers while protecting an employer from suit as Workers Compensation Benefits are an exclusive remedy. Workers in New York State cannot sue a negligent employer or fellow employee. The amount of money an injured worker receives depends on how much money he or she earned in the year prior to the accident or occupational disease with a few exceptions. A totally disabled worker is entitled to 2/3's of his or her average weekly wage up to a maximum set by law which varies depending on the date of injury. An injured worker with a partial disability would receive a partial rate. Medical coverage varies and is now limited by the recently enacted Medical Treatment Guidelines.