Common Mistakes & Misconceptions in New York Workers’ Compensation Claims

Mistake #1: Thinking Fault Matters

Being injured on the job is stressful enough — the last thing you want is to lose benefits because of avoidable mistakes or misunderstandings. Below are some of the most frequent errors and myths we see in New York workers’ compensation claims, along with how to protect your rights.

Call the KLFH workers’ compensation lawyers at (646) 956‑5808 for a free case eval

Misconception #2: Injury Must Occur on Employer’s Property

Many believe that if the accident was their fault, they aren’t eligible for benefits. In New York, that’s incorrect — workers’ compensation is a no-fault system. What matters is that the injury occurred in the course of employment. You don’t have to prove your employer was negligent to receive coverage. Exceptions exist, such as self-inflicted injuries or intoxication being the sole cause, but these are narrow. Don’t let fear of blame stop you from filing your claim.

Mistake #3: You Must See the Employer’s Doctor

Some workers believe that compensation only covers accidents occurring on the employer’s premises. In reality, coverage applies wherever you are performing job duties or in the scope of employment — client sites, off-site meetings, or errands for your employer all count. Even injuries in hallways or common areas during your shift can be covered. The rule against ordinary commute injuries still applies, except where employer-directed travel is involved.

Misconception #4: You Can’t File If You Didn’t Miss Time from Work

Unlike some states, New York allows injured workers to see any doctor authorized by the Workers’ Compensation Board — not just one chosen by the employer. Ensure your provider is Board-approved to prevent delays. In limited cases, insurers may require initial care within a preferred provider network for the first 30 days, but after that, you typically have more freedom to select your physician.

Mistake #5: Delaying or Undervaluing Your Report

Even if your injury didn’t cause you to miss work, you may still qualify for workers’ compensation benefits. Medical care, physical therapy, and medications are covered. You may also qualify for Schedule Loss of Use (SLU) benefits for permanent impairment of limbs, hearing, or vision, even if you never missed a day of work.

Misconception #6: You Don’t Need a Lawyer — Your Case Is Simple

One of the most common and damaging mistakes is waiting too long to report an injury. In New York, you must notify your employer within 30 days, but earlier is better. Provide written notice and seek immediate medical treatment to create a strong record. Delays or vague reports give insurers leverage to deny or undervalue your claim.

Call the KLFH workers’ compensation lawyers at (646) 956‑5808 for a free case eval