Staten Island runs on retail and restaurant work: the Staten Island Mall and Richmond Avenue, the outlets at St. George, the shopping centers along Forest Avenue and Hylan Boulevard, and hundreds of restaurants, delis, pizzerias and bars. These jobs are often part-time, paid partly in tips or cash, and staffed by younger workers, so many people hurt at work never find out they are covered. They are. If you were hurt working in a store or a restaurant, New York workers’ comp covers you.

The short answer

  • You are covered if you are full-time, part-time, seasonal or paid in cash.
  • Comp pays your medical treatment and part of your lost wages, plus an award if you are left with permanent damage.
  • It does not matter who was at fault, including you.
  • Your tips count. Reported tips are part of the wages your weekly benefit is based on.
  • If you are under 18 and were working illegally, New York law can require double compensation.
  • Immigration status does not matter. See workers’ comp for undocumented workers.

Common restaurant injuries

  • Slips and falls on wet and greasy kitchen floors, walk-in coolers and outdoor steps.
  • Burns from fryers, grills, ovens, steam and hot liquids.
  • Cuts and lacerations from knives, slicers and broken glass.
  • Lifting injuries from deliveries, kegs and stock. See lifting injuries and hernias.
  • Repetitive strain in the wrists, elbows and shoulders from prep work and carrying trays. See repetitive strain injuries.
  • Chemical exposure from cleaning and degreasing products. See chemical exposure.

Common retail injuries

  • Lifting and stocking injuries, especially during holiday rushes and truck deliveries.
  • Falls from ladders and step stools while reaching high shelves.
  • Being struck by falling merchandise or carts.
  • Repetitive strain from scanning and working a register.
  • Robberies and assaults by customers or shoplifters. See assaulted at work.

Security officers at stores and malls are often employed by a security company, not the store. See building service workers for how that works.

Paid in cash, part-time or “off the books”

Being paid in cash does not take you out of the workers’ comp system. You are still an employee, and the employer was still required to cover you. If your employer has no insurance, you can still be paid through the state’s Uninsured Employers Fund. See when your employer has no workers’ comp insurance and when your employer denies you worked there.

Part-time and second jobs matter too. If you were working more than one job when you were hurt, your benefit can be based on your wages from all of them. See how your average weekly wage is figured.

Hurt at a mall or someone else’s property

If you work in a mall or a shopping center and were hurt because of something the landlord or its cleaning or maintenance contractor controlled, such as a broken step, an icy parking lot or a spill in a common hallway, you may also have a personal injury claim against them, in addition to your comp claim. Call us first: we will handle your comp claim and put you in touch with a lawyer who handles those cases, and coordinate the two so your comp benefits are protected.

What to do after an injury

  1. Tell your manager right away, and give written notice of the injury within 30 days. A text or email works if you keep a copy.
  2. Get medical care, and tell the doctor you were hurt at work.
  3. Don’t let anyone tell you to use your own health insurance instead of workers’ comp.
  4. Keep your pay stubs and a record of your tips.
  5. File your claim with the Workers’ Compensation Board within two years.
  6. Call us if your employer says you are not covered or stops scheduling you after you report the injury.

Frequently asked questions

Are part-time restaurant and retail workers covered by workers’ comp?

Yes. Part-time, seasonal and full-time workers are all covered by New York workers’ comp, including workers paid in cash.

Do my tips count toward my workers’ comp benefits?

Yes. Reported tips are part of your wages, and your weekly benefit is based on your average weekly wage. Keep a record of your tips.

My boss paid me in cash and has no insurance. Can I still get workers’ comp?

Yes. You are still an employee. If your employer has no workers’ comp insurance, you may be paid through the state’s Uninsured Employers Fund, and the employer faces penalties.

Can I be fired for filing a workers’ comp claim?

No. Your employer cannot fire you or cut your hours because you filed a claim. That is a separate violation of the Workers’ Compensation Law.

Talk to a New York workers’ compensation attorney

The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims from the office on Staten Island, for injured workers throughout the five boroughs and across New York State. If you work in a store, restaurant or mall on Staten Island or anywhere in New York and were hurt on the job, call us.

Call 718.701.2776 or 800.310.5520. Consultations are free. If we don’t recover money for you, we don’t get paid.