Am I eligible for workers' compensation if I'm injured at work?

What the Law Says

New York law presumes most workers are entitled to benefits if hurt on the job — no need to prove employer negligence.

Under the New York Workers’ Compensation Law, nearly all employers in the state must carry workers’ compensation insurance. This includes full-time, part-time, seasonal, and even some undocumented workers.

To be eligible, your injury must 'arise out of and in the course of employment' — meaning it happened while doing job-related tasks or during authorized work activities, including travel required by your job (but not ordinary commuting).

Certain exclusions apply: independent contractors, some domestic workers (e.g., casual babysitters), and federal employees are generally not covered under NY’s system — though many still have other protections.

Statutory Text

Every employer subject to this chapter shall secure the payment of compensation to his employees as provided in this chapter.

— Workers’ Compensation Law, § 2 (1)

Statutory Text

Compensation shall be paid for disability or death resulting from an accidental injury arising out of and in the course of the employment.

— Workers’ Compensation Law, § 10 (1)

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