The New York workers compensation act — formally the New York Workers’ Compensation Law, found at New York Consolidated Laws, Chapter 67 — Workers’ Compensation Law (WKC) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the New York workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
New York at a Glance
| Official name | Workers’ Compensation Law |
| Where it lives | New York Consolidated Laws, Chapter 67 — Workers’ Compensation Law (WKC) |
| First enacted | 1913 (Chapter 816, Laws of 1913, benefits payable from 1914; an earlier 1910 compulsory act was struck down in Ives v. South Buffalo Railway, 1911) |
| Reporting deadline | Written notice to the employer within 30 days after the accident — WCL §18 |
| Filing deadline | File with the Workers’ Compensation Board within 2 years of the accident or death — WCL §28 (for occupational disease, 2 years from disablement or from when the worker knew or should have known it was work-related) |
| Exclusive remedy | WCL §11 (and §29(6) for co-workers) — workers’ comp is the exclusive remedy against the employer. Main exception: if the employer failed to secure coverage under §50, the worker may sue in court instead. An employer can also be brought into a third-party lawsuit for contribution or indemnity if the worker suffered a “grave injury” as defined in §11. |
| Recent amendments | S.6635/A.5745, signed December 6, 2024 and effective January 1, 2025, lets any worker claim for a mental injury caused by extraordinary work-related stress (previously limited mainly to first responders). The §15(6) minimum weekly benefit rose from 275 to 325 for injuries on or after January 1, 2025. From July 1, 2026 the minimum is indexed at one-fifth of the state average weekly wage, or the worker’s actual wages if lower: 384.45 for injuries from July 1, 2026 through June 30, 2027. |
In This New York Guide:
What the New York Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The New York workers compensation act dates to 1913 (Chapter 816, Laws of 1913, benefits payable from 1914; an earlier 1910 compulsory act was struck down in Ives v. South Buffalo Railway, 1911).
It lives at New York Consolidated Laws, Chapter 67 — Workers’ Compensation Law (WKC), and the official text is linked in the sources. New York’s minimum weekly benefit is now tied to the state average weekly wage, effective July 1, 2026, instead of being a flat figure. The “grave injury” rule in §11 limits when a third party can bring the employer into a lawsuit.
The disability benefits program for injuries that are not work-related (WCL Article 9) and Paid Family Leave are also run by the same Board. Confirm details with the Board and a licensed attorney.
Who the New York Workers Compensation Act Covers
WCL §10 (employer liability) and §50 (duty to secure compensation) — nearly all employers with one or more employees, including part-time workers, must carry coverage WCL §§2 and 3 — excludes some groups, such as sole proprietors and partners with no employees, certain one- or two-officer corporations whose officers own all the stock, domestic workers working fewer than 40 hours a week, some farm workers based on prior-year payroll, clergy,
and certain nonprofit volunteers
Deadlines in the New York Workers Compensation Act
Waiting period: WCL §12 — 7-day waiting period. No lost-wage pay for the first 7 days unless the disability lasts more than 14 days, in which case benefits are paid from the first day. Medical care is covered from day one.. Wage-loss rate: WCL §15 — temporary total disability pays 66-2/3% of the average weekly wage.
The yearly maximum and minimum are set under §15(6), so check the current rate with the Board..
New York Workers Compensation Act: Key Sections at a Glance
The sections of the New York workers compensation act that decide most cases, each with its citation:
| Coverage mandate | WCL §10 (employer liability) and §50 (duty to secure compensation) — nearly all employers with one or more employees, including part-time workers, must carry coverage |
| Exemptions | WCL §§2 and 3 — excludes some groups, such as sole proprietors and partners with no employees, certain one- or two-officer corporations whose officers own all the stock, domestic workers working fewer than 40 hours a week, some farm workers based on prior-year payroll, clergy, and certain nonprofit volunteers |
| Report an injury | Written notice to the employer within 30 days after the accident — WCL §18 |
| File a claim | File with the Workers’ Compensation Board within 2 years of the accident or death — WCL §28 (for occupational disease, 2 years from disablement or from when the worker knew or should have known it was work-related) |
| Waiting period | WCL §12 — 7-day waiting period. No lost-wage pay for the first 7 days unless the disability lasts more than 14 days, in which case benefits are paid from the first day. Medical care is covered from day one. |
| Wage-loss rate | WCL §15 — temporary total disability pays 66-2/3% of the average weekly wage. The yearly maximum and minimum are set under §15(6), so check the current rate with the Board. |
| Exclusive remedy | WCL §11 (and §29(6) for co-workers) — workers’ comp is the exclusive remedy against the employer. Main exception: if the employer failed to secure coverage under §50, the worker may sue in court instead. An employer can also be brought into a third-party lawsuit for contribution or indemnity if the worker suffered a “grave injury” as defined in §11. |
| Retaliation | WCL §120 — an employer may not fire, refuse to reinstate, or otherwise discriminate against a worker for claiming benefits, asking for a claim form, or testifying. The complaint must be filed within 2 years. The Board can order reinstatement, lost wages and attorney’s fees, plus a penalty of 100 to 500 against the employer. |
| Uninsured employer penalty | WCL §52 — civil penalty of up to 2000 for each 10-day period without coverage (or up to twice the cost of coverage). Failing to cover 5 or fewer employees in 12 months is a misdemeanor with a fine of 1000 to 5000. More than 5 employees is a class E felony with a fine of 5000 to 50000. The employer is also liable for the claim’s costs. |
| Who hears disputes | WCL §§20 and 23 — disputed claims are heard by Workers’ Compensation Law Judges of the New York State Workers’ Compensation Board. Decisions can be appealed to a Board Panel, then to the Appellate Division, Third Department. |
The Exclusive-Remedy Bargain in the New York Workers Compensation Act
WCL §11 (and §29(6) for co-workers) — workers’ comp is the exclusive remedy against the employer. Main exception: if the employer failed to secure coverage under §50, the worker may sue in court instead. An employer can also be brought into a third-party lawsuit for contribution or indemnity if the worker suffered a “grave injury” as defined in §11.
Retaliation and Penalties Under the New York Workers Compensation Act
WCL §120 — an employer may not fire, refuse to reinstate, or otherwise discriminate against a worker for claiming benefits, asking for a claim form, or testifying. The complaint must be filed within 2 years. The Board can order reinstatement, lost wages and attorney’s fees, plus a penalty of 100 to 500 against the employer.
WCL §52 — civil penalty of up to 2000 for each 10-day period without coverage (or up to twice the cost of coverage). Failing to cover 5 or fewer employees in 12 months is a misdemeanor with a fine of 1000 to 5000. More than 5 employees is a class E felony with a fine of 5000 to 50000. The employer is also liable for the claim’s costs.
WCL §§20 and 23 — disputed claims are heard by Workers’ Compensation Law Judges of the New York State Workers’ Compensation Board. Decisions can be appealed to a Board Panel, then to the Appellate Division, Third Department.
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Recent Amendments to the New York Workers Compensation Act
S.6635/A.5745, signed December 6, 2024 and effective January 1, 2025, lets any worker claim for a mental injury caused by extraordinary work-related stress (previously limited mainly to first responders). The §15(6) minimum weekly benefit rose from 275 to 325 for injuries on or after January 1, 2025.
From July 1, 2026 the minimum is indexed at one-fifth of the state average weekly wage, or the worker’s actual wages if lower: 384.45 for injuries from July 1, 2026 through June 30, 2027.
How to Read the New York Workers Compensation Act
Statute pages are written for lawyers, so read the New York workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the New York workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the New York claim guide turns these sections into steps and dates, and the New York requirements guide covers the employer side.
Frequently Asked Questions
Where is the New York workers compensation act in the code?
New York Consolidated Laws, Chapter 67 — Workers’ Compensation Law (WKC). The sources below link to the official text.
How long do I have to report a work injury under the New York act?
Written notice to the employer within 30 days after the accident — WCL §18. Report in writing as soon as possible either way.
Can I sue my employer instead of using the New York workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official New York Sources & Resources
- New York New York State Workers’ Compensation Board: https://www.wcb.ny.gov
- New York Workers’ Comp Statute: https://www.nysenate.gov/legislation/laws/WKC
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This New York workers compensation act guide was last verified against official New York sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.