Work-Related Injuries and Illnesses: Workers' Compensation, Worker Rights and Return-to-Work Information
While NYSNA’s goal is to prevent occupational illness or injury, nurses do get injured or become ill due to unsafe working conditions far too frequently. It is important to know your rights if this happens to you. NYSNA is here to help through a process that can be complicated and confusing.
What NYSNA Can Do to Help:
- Investigate the cause of the injury/illness and advocate for safety improvements to prevent future injuries/illnesses.
- Advocate for accommodations, if needed, to aid in return to work.
- Provide guidance and assistance with accessing benefits such as workers’ compensation and contractual benefits.
Contact your NYSNA delegate, NYSNA representative, or the NYSNA Occupational Health and Safety representatives at healthandsafety@nysna.org for assistance and more information.
Know Your Rights:
- Most workers are entitled to at least 12 weeks of time off for a work-related injury or illness. You may be entitled to more if you are a public sector worker in New York State or if your union contract provides job protection for a longer amount of time.
- You cannot be retaliated against for filing a workers’ compensation claim.
- If you need accommodations to return to work after suffering a workplace injury or illness, you have the same rights under the Americans with Disabilities Act as someone who needs accommodations due to a non-work-related injury or illness.
- If you are pregnant, you may have additional rights under the New York State Protect Women from Pregnancy Discrimination Act and the NYC Pregnant Workers Fairness Act.
- Public sector workers who work for New York State, New York City, or other public entities within the state, may be entitled to additional leave benefits under NYS Civil Service Law.
Workers' Compensation
If you are injured on the job or made ill from a workplace exposure, you may be eligible for workers’ compensation benefits, including medical care, prescription drug coverage, medical equipment, and partial wage replacement. NYSNA recommends you take the following steps if you become injured or ill due to work:
- Seek medical attention immediately. Your initial treatment can be from a non-New York State Workers’ Compensation Board (NYS WCB) authorized medical provider. However, any subsequent care must be from a NYS WCB-authorized provider. Please note that most hospital emergency departments are NYS WCB-approved providers. NYS WCB-approved medical providers can also be found through the NYS WCB website or by contacting the New York State Occupational Health Clinic Network. The NYS WCB Advocate for Injured Workers can provide additional assistance.
- Contact your NYSNA representative. Your representative may be able to provide information that will help you file appropriate notification with your employer. Your NYSNA representative can also reach out to the NYSNA Occupational Health and Safety Representatives to improve the conditions that caused your injury or illness to prevent future incidents.
- Notify your employer regarding your injury or illness. You have up to 30 days to notify your employer of a work-related injury or illness. However, NYSNA recommends that you do so as soon as possible.
- File a C-3 form directly with the NYS WCB. Find the form here. You have up to two years to file a C-3 form. However, NYSNA recommends that you do so as soon as possible.
- Contact the NYSNA Occupational Health and Safety representatives at healthandsafety@nysna.org for further assistance.
- If you need the assistance of an attorney regarding a workers’ compensation claim, you can find a list of law firms here.
- For more information, see the Workers' Compensation Guide.
Workers' Compensation for COVID-19 Illness
Registered nurses who contract COVID-19 on the job are eligible for workers’ compensation benefits. These resources may help answer questions regarding filing a COVID-19 workers’ compensation claim:
Download this Q&A on workers’ compensation that the NYS WCB specifically created for nurses suffering from COVID-19.
New York State & New Jersey Workers’ Compensation Boards
Each state in the U.S. has a different workers’ compensation system. Use the links below to contact the New York state and New Jersey WCBs:
