Can I Still Get Workers’ Compensation If I Don’t Lose Time at Work in New York?
Our New York attorneys can help you get benefits even if you’re clocking in every day
You got hurt at work. Maybe your back started aching after lifting boxes. Maybe you slipped, caught yourself, and felt something pull in your shoulder. But you didn’t go to the ER. You didn’t miss work. You kept showing up, pushing through the pain, because that’s just what you do.
Now you’re wondering if you can still get workers’ compensation while you’re working. The short answer in New York is yes. The longer answer is a little more nuanced. Too many people in your shoes never file a claim, don’t get treatment, and are left footing the bill if the injury gets worse.
Whether you’re a nurse, construction worker, teacher, delivery driver, or anyone else who works hard and shows up even when it hurts, here’s what you need to know about your right to workers’ compensation in New York.
What does workers’ compensation cover in New York?
New York workers’ compensation isn’t just about lost wages. Lost wages are part of New York workers’ compensation, but they’re not the only aspect of this state system. In fact, many workers’ comp claims only involve medical treatment.
If you get hurt on the job, even if you don’t miss a single hour of work, you’re still entitled to compensation for:
- Medical care from a Workers’ Compensation Board-authorized provider.
- Prescription medications related to your injury.
- Physical therapy, chiropractic treatment, and surgical care if needed.
- Medical devices such as braces or ergonomic supports.
- Reimbursement for mileage to medical appointments.
All of that should be fully covered by your employer’s workers’ comp insurance, not your health insurance or your wallet. That means no deductibles or copays.
Do I need to miss work to file a claim?
This is where a lot of workers get confused. You don’t need to miss work to file a legitimate workers’ compensation claim in New York. Workers’ comp is a no-fault system. That means as long as your injury or illness is connected to your job, it doesn’t matter who caused it or whether you took time off from work.
The law recognizes medical-only claims, which means you’re seeking medical treatment, not wage replacement. These types of claims are common in physically demanding jobs where people try to power through pain. So, if you’re still clocking in, that’s not a reason to delay or avoid reporting your injury. It’s still a valid claim.
What is a medical-only workers’ comp claim?
A medical-only claim is exactly what it sounds like: a workers’ compensation case where the injured worker needs treatment but hasn’t missed work. And just because you’re still working doesn’t mean you’re not hurt.
Examples of medical-only claims include:
- A warehouse worker develops a back strain after lifting.
- A retail cashier gets carpal tunnel from repetitive scanning.
- A nurse pulls a shoulder muscle while moving a patient.
- A mechanic suffers a hand burn and needs wound care.
In all of these cases, the worker kept working, but that didn’t erase the need for medical care.
One reason these claims are so important is because they establish a legal record. If your injury gets worse later, you’ve already taken the first step. You’ve documented the cause. You’ve linked it to your job. And that can make a huge difference if you eventually need to take time off from work or pursue additional workers’ comp benefits.
Why is it important to report your injury right away?
Timing matters when filing a workers’ compensation claim. Under New York law, you have just 30 days to notify your employer of a work-related injury. While you can tell them verbally, it’s always better to put it in writing, and even a quick email counts. That way there’s a clear paper trail.
Why report it if you’re not planning to take time off? Because:
- You’re protecting your right to treatment.
- You’re creating documentation in case the injury gets worse.
- You’re avoiding delays or denials down the road.
We see this all the time at Workers’ Law Firm. A worker doesn’t report an injury because they think it’s no big deal. Months later, the pain is worse, and suddenly they need surgery. But now their employer or insurance company argues it didn’t happen at work, because there’s no record. Don’t let that happen to you.
What benefits can I get if I’m still working?
You might be surprised by how many benefits are available even without lost wages. They often include:
Medical treatment without out-of-pocket costs
Workers’ comp in New York should fully cover all your medical care. That includes everything from diagnostic tests (like MRIs or X-rays) to follow-up care, rehab, prescriptions, and surgery if needed. Your regular health insurance doesn’t come into play here and you shouldn’t have to pay anything out of pocket.
Mileage reimbursement
If you have to drive to appointments, workers’ comp may reimburse you for travel expenses. That can include mileage, parking, and public transportation fares, especially if your injury limits your ability to drive safely.
Protection for future wage loss
Let’s say you keep working now, but later your condition worsens and you need to cut back on your work hours or take medical leave. If you’ve already filed a claim, you’ve established the connection between your injury and your job. That makes it much easier to transition from a medical-only claim to one that includes wage replacement. Historical research shows that many medical-only claims eventually turn into lost time at work.
What if my injury gets worse later?
This is one of the most important reasons to file a claim early, even if you feel like you’re doing okay right now. A lot of work injuries don’t show their full impact right away. What starts as an ache or strain can turn into a serious condition months later. Maybe the physical therapy doesn’t work. Maybe you wake up one morning and can’t lift your arm. Maybe the pain spreads or affects your ability to sleep.
If you didn’t file a claim, your employer might deny that it happened at work. But if you filed a medical-only claim early on, your condition is already tied to your job, and that makes it much easier to expand your benefits if you need wage replacement later.
Can my employer retaliate if I file a claim?
In New York, it’s against the law for an employer to fire, demote, or otherwise punish you for filing a workers’ compensation claim. That includes medical-only claims. But that doesn’t mean retaliation never happens. Some employers push back when they see a claim filed, especially if it’s a minor injury in their opinion.
If you’re facing pressure not to report your injury or you’re worried about retaliation, don’t handle it alone. An experienced New York workers’ compensation attorney can step in to protect your rights and hold your employer accountable.
How can a workers’ compensation lawyer help me?
You might think you don’t need a lawyer if your injury seems small or if you’re not missing work. But medical-only claims can still be denied, delayed, or reduced. The insurance company is always looking out for its bottom line, not yours.
If you were hurt on the job, now is the time to take control of your situation. The New York workers’ compensation lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano are here to fight for what you’re owed. For over 90 years, our relentless New York workers’ compensation attorneys have stood up for injured employees across the state. We know your rights, and we know how to win.
We prepare every case as if it’s going to trial, and insurance companies know we don’t back down. That’s why so many of our clients receive strong settlements without ever stepping into a courtroom. If you’re injured, overwhelmed, or just unsure of what comes next, let us help. Contact us to schedule your free, confidential consultation today. You won’t pay us a cent unless we recover compensation for you.
“I had to use them on 4 different occasions (cases) and they never disappointed me. Very professional and reliable. Highly recommend.” – M.T., ⭐⭐⭐⭐⭐
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