Can I Collect Workers Comp in New York if I Can Work?

  • Sometimes, a workplace injury will make it impossible for a worker to gain full-time employment, but he or she may still be able to work on an occasional or part-time basis. Because of this, injured NY workers often ask, “Can I collect workers comp in New York if I can work?”

    The answer is “it depends.”

    Returning to Work Part-Time or at a Lower Wage

    If you can work but will be making less because of your disability, workers compensation may provide you with additional benefits to make up for your decreased wages. These are reduced earning benefits that can remain in place for some time.

    Medical treatment can continue to be paid through workers compensation, as well, so returning to work does not necessarily lead to a cancellation of your benefits.

    Getting Paid for Missed Days

    Workers compensation benefits can also kick in if you return to work but need to miss some days for treatment or because of your injury in general.

    Workers compensation benefits can pay for this intermittent lost time, but you should keep careful records of your pay stubs and any time missed due to your injury.

    Collecting After the Fact

    If you were off work due to an injury and have returned but never collected your workers compensation benefits, you may still be able to apply for them. You have two years to do so—even if you have already gone back to work.

    You Can Reopen the Case

    If you choose to go back to work and find that you are unable to keep up with your job duties because of a disability, you can stop working and reopen your case.


    Workers Compensation Attorney in NY

    It can be challenging to file a workers compensation claim and know what to do after the fact. This makes it wise to speak with an attorney about your individual case so that you can get your questions answered and determine the best way to proceed.

    You can speak with a seasoned lawyer at Finkelstein, Meirowitz & Eidlisz, LLP by calling 212-385-9190 or by visiting our website.