• Employers are protected by workers' compensation when they are injured on the job in New York state.dockhand image by Pix by Marti from Fotolia.com
  
  Workers' compensation is a type of insurance that provides individuals with supplemental income while they recover from an injury suffered on the job. In most instances, employees must forfeit their legal right to sue their employer for their injury in order to receive the compensation. In New York state, workers' compensation is required by law.
  
  

Workers' Compensation is Required

• In New York, workers' compensation is mandatory and employees cannot waive their right to the benefits of workers' compensation without approval from the Workers' Compensation Board. Through workers' compensation, employee's are provided a cash amount equivalent to two-thirds of their average weekly wage from the preceding year. Medical care, if necessary in the course of treatment or rehabilitation for the injury, plus related prescription drugs and medication are also provided by workers' compensation.
  
  

Waiting Periods

• After suffering a work-related injury, an employee in New York has to wait seven days before she can apply for workers' compensation benefits. In the event the employee's work-related disability continues for more than 14 days from the date of the work-related injury, compensation will be retroactive.
  
  

Ineligibility & Forfeit of Benefits

• Injuries that are not the result of an injury "arising out of and in the course of employment" or are not related to an occupational disease, are ineligible for workers' compensation benefits. Additionally, if a claim for workers' compensation is not filled within two years of the date of injury, the employee may waive her right to workers' compensation benefits for that injury.