March 17, 2026
Legislation Would Mean Any Eligible Health Care Provider May Treat Injured Workers, Without Seeking Authorization by the NYS Workers' Compensation Board
NYS Workers' Compensation Board Chair Freida D. Foster announced both Board and broad support for Governor Kathy Hochul's 2026 State of the State proposal to improve access to health care for New York's injured workers through universal authorization.
"New Yorkers who are injured or become ill on the job need access to timely, high-quality medical care to help them recover to the fullest extent possible, said Chair Foster. "Making it easier for health care providers to participate in the workers' compensation system will make it significantly easier for injured workers to get the treatment they need to get better and back to their lives."
The universal authorization of all eligible, licensed health care providers in good standing to treat workers' compensation claimants would be a historic and long-awaited upgrade to the state's workers' compensation system. Today, most provider disciplines must be Board-authorized to treat injured workers. Of the more than 200,000 eligible providers statewide, only about 10 percent have taken the steps to become Board-authorized, which significantly limits access to care, especially in rural areas. Under the Governor's proposal, authorization would be automatic as part of a health care provider's state licensing. Injured workers would be able to seek treatment from a provider of their choosing (potentially even their own primary care physician), as long as the provider is willing to treat them.
New York State Workers' Compensation Board Executive Director Steven Scotti said, "The Governor's proposal means everyone wins - workers, providers, and employers alike. Workers will have more options for care, providers can expand their practices and provide continuity of care to their existing patients, and employers will benefit from injured workers getting timely treatment so they can recover and return to work."
Support for this impactful proposal comes from well beyond the Board:
Stacey, an injured worker in Suffolk County said: "As someone who has been on New York State workers' comp since 1993, having these changes would change my life. Having to choose specific doctors to do a surgery based on Board recognition versus whether or not there's somebody you would actually use, is mind-blowing, so this would be life-changing."
Debra, an injured worker in Orange County said: "I totally agree that the law should be changed so that doctors and providers no longer need to file a redundant set of bureaucratic documents with the Board before they're allowed to treat injured workers. Since July 2023, this current process has delayed my treatment many times. My recovery time would have been much quicker if I was able to see my regular doctors."
William, an injured worker in Albany County said: "I would support the legislation because I had great difficulties locating doctors who would accept my workers' comp case for treatment. I had to travel long distances to find doctors to treat my condition since there were none in my area. I travelled over 200 miles to see a dermatologist because this was the closest one to me. I believe this legislation will not only help me, but it will also help all injured workers."
Gordon Steinagle, DO, MPH, occupational physician, Buffalo, NY, said: "I commend the Board for all its work in modernizing the New York State workers' compensation system to make it better for providers, and I fully support universal authorization, which will encourage many more providers to participate."
Michael Holland, MD, FACMT, Medical Director, Occupational Medicine (Glens Falls/Saratoga, NY), and Medical Director for Toxicology, SUNY Upstate (Syracuse, NY), said: "Injured workers in New York State desperately need greater access to physicians in remote geographic regions and in many medical specialties, even in our cities. The Governor's plan to make it easier for physicians to participate in the workers' compensation system will go a long way in fixing this longstanding problem."
Dieter Affeln, MD, MPH, occupational physician, Rochester, NY, said: "I am in full support of unhindered access to specialty providers. These initiatives cannot wait."
Stephen V. Mawn MD, JD, MPH at the University of Rochester Medical Center, said: Timely medical care is a critical component in optimally returning injured workers to health and their highest function. The current system requiring a treating provider to be specially authorized severely impedes these goals. If the removal of this special authorization results in even just a 15 or 20 percent increase among eligible practitioners, a large obstacle to access will be diminished and the care of injured workers dramatically improved."
Marc Wilkenfeld, MD, board certified occupational physician, New York, NY, said: "Removing unnecessary hurdles for physicians to treat injured workers will result in many more willing to provide care. When workers' compensation patients can get timely, high-quality care, they heal faster and more completely, increasing the likelihood that they can return to work."
Alaina Evelyn Varvaloucas, Executive Director of the Worker Justice Center of New York said: "Locating a WCB-authorized provider you need for the specific workplace injury or illness you have is a nearly impossible task for many injured workers in rural parts of New York. Proposals such as universal authorization that expand that pool are critical. It will be important moving forward, in ensuring this new initiative is successful and that providers participate on a permanent basis, that New York continue reforms that incentivize provider participation."
Governor Hochul's latest proposal would complement the many other improvements recently made or underway at the Board to encourage more providers to participate. These include:
- allowing resident and fellow physicians to treat injured workers (under a supervising provider) the same way they do for regular health insurance;
- increasing fee schedules to ensure that providers in the system are paid at rates comparable to private health insurance;
- permitting workers' compensation insurers to pay for medical treatment, without accepting liability, for up to one year;
- reducing administrative burden through the elimination of multiple Board-specific forms and the transition to the universal medical billing form;
- an online system for prior authorization requests;
- electronic bill submission and improvements that ensure timely review and resolution of medical billing disputes;
- reduced need for provider depositions and higher fees when they are required; and more.
For more information about the universal authorization proposal, visit 2026 State of the State Proposal: Universal Authorization