If you are injured on the job, or made ill from a workplace exposure, you may be eligible for workers’ compensation benefits, including medical and prescription drug coverage, medical equipment, and partial wage replacement.
It is important to make sure your employer is notified as soon as possible regarding your injury or illness and that you file the appropriate paperwork with both your employer and the workers’ compensation board.
If you believe you may be eligible for workers’ compensation and have questions about filing, please contact your NYSNA representative.
May 12, 2021: Workers’ Compensation Alert
RNs who contracted COVID-19 on the job are fighting to get the workers’ compensation benefits they deserve. We know many RNs have started the process, but have not heard back regarding their claims. Below are the steps to take to make sure you protect your rights and pursue workers’ compensation benefits.
- File your C-3 form online to apply for workers’ compensation.
- Submit medical documentation including a copy of your positive COVID-19 test or diagnosis and a medical report from an authorized workers’ compensation provider. If you do not provide this medical documentation, your case will be closed and you will not receive benefits. If you’re looking for a provider authorized by the workers’ compensation board to treat you, the NYS Occupational Health Clinics are a good place to start.
- Look for a notice from the employer’s workers’ compensation insurer or administrator accepting liability for your illness OR a decision from the Workers’ Compensation Board saying that your case has been formally established for COVID-19. If you do not receive either of those things, you should call the Workers’ Compensation Board at 800-580-6665 or e-mail to AdvInjWkr@wcb.ny.gov to request a hearing, or check the status of your case.
- Contact a workers’ compensation attorney to help you pursue benefits. Under law, there are no fees owed these attorneys unless you receive benefits. Because many employers are contesting COVID-19 claims, it may be difficult to obtain benefits without an attorney. A list of workers’ compensation attorneys is here.
Download this Q&A on workers’ compensation that the NYS Workers’ Compensation Board specifically created for nurses suffering from COVID-19.
COVID-19 Workers' Compensation Resources
- 07-07-2020: Step-by-step Guide for filing for Workers’ Compensation
- 06-08-2020: COVID-19 & Workers’ Compensation Q&A: June 2020
- 06-08-2020: NYS Workers’ Compensation Attorneys and Representatives
- 04-27-2020: COVID-19 Related Workers’ Compensation Notice
The New York Committee for Occupational Safety and Health has developed a list of worker-friendly Workers' Comp attorneys.