Office Locations v
Workers' Compensation Lawyers
in New York City
800.692.3717Toll Free 24/7
Español Français 中文 Italiano Shqiptar Português русский
Office Locations v
Home | Workers' Compensation

Workers' Comp Lawyer NY

Workplace Injuries in New York Can Be Devastating-Our Fierce NY Workers Compensation Attorneys Fight For Clients

You found us because you or a loved one got injured at work - you may be in constant pain, perhaps you can't work due to injuries, you're overwhelmed with workers' compensation forms or your benefits stopped, and you can't make ends meet. Rest assured, you've come to the right place.

For over 90 years, we've been aggressively defending the rights of hard-working New Yorkers who have been hurt on the job. We help injured workers navigate the complicated workers' compensation insurance claim process, from filing a workers' compensation claim and choosing a doctor to understanding workers' compensation benefits or submitting wage and hour claims. We prepare for every case as if we are going to trial and have no hesitation in doing so if needed, which motivates opponents to settle out of court with a sizable amount.

Injured construction worker being helped by a co-worker following an accident.

"The insurance company tried to cheat me, but they never stood a chance thanks to Pasternack Tilker Ziegler Walsh Stanton & Romano!" — Stevie D.
4.6/5 stars, 333 reviews

Straight Answers from NYC Workers’ Compensation Attorneys

After your workplace accident, you and your family probably have a lot of questions about your injury. How will you pay for your treatment? How will you make ends meet if you can’t work? What if your injury requires surgery or physical therapy? Can you see a specialist or get a second opinion if needed?

Our workers’ compensation lawyers understand New York's labor laws, and we understand what you're going through. Our firm has spent decades handling some of the toughest workplace accident cases in New York City, and we know how the workers’ compensation system works here.

Transportation incidents cause about 2,000 worker deaths each year

We hope you will find some answers to your questions below, but even if you do – contact us. We can personally explain things specific to your circumstances and answer any questions you might have about your on-the-job accident. Schedule a free case evaluation today.

FAQs About New York Workers’ Compensation

 

Overview of Workers' Compensation in New York

Workers' compensation in New York is a no-fault insurance system that provides medical and wage benefits to employees injured or made ill as a direct result of their jobs. The system is designed to help workers recover without the need to prove employer negligence.

Under New York law, workers’ compensation covers:

  • Medical expenses: Including hospital visits, surgeries, physical therapy, and prescriptions.
  • Lost wages: Typically two-thirds of the worker’s average weekly wage, up to the state’s maximum limit.
  • Permanent disability benefits: For workers who cannot return to their jobs due to permanent impairments.
  • Death benefits: If a work-related injury leads to death, the worker’s family may receive financial compensation for funeral costs and continued support.

Workers’ compensation applies to a wide range of industries in New York, from construction to healthcare, ensuring that any work-related injury or illness is covered.

Return to Top

 

What Injuries Are Covered Under Workers' Compensation in New York?

Workers' compensation in New York covers a wide range of injuries and illnesses, as long as they occur due to your job. This includes traumatic injuries like fractures, head injuries, or spinal cord injuries from accidents such as falls or machinery accidents. Repetitive strain injuries, such as carpal tunnel syndrome or tendinitis, are also covered. Occupational diseases—conditions caused by prolonged exposure to hazardous conditions at work, like respiratory issues from toxic chemicals or asbestos exposure—are also eligible for compensation. Mental health conditions, such as stress or PTSD resulting from a work-related event, may also qualify for benefits under certain circumstances.

Return to Top

 

Common Workplace Injuries in NYC

New York City workers face a variety of hazards depending on their industry. While construction is often highlighted, other professions, such as retail, transportation, and office work, also present their own risks. Common workplace injuries in NYC include:

Fall protection is consistently at the top of OSHA's most-cited workplace safety violations

  • Falls: Falls from scaffolding or ladders on construction sites are common. However, retail workers and office employees are also prone to slip and fall accidents in environments with wet floors or uneven surfaces.
  • Repetitive Strain Injuries (RSIs): Retail employees who frequently stock shelves or cashiers who handle repetitive tasks like scanning items often develop RSIs, such as tendinitis or carpal tunnel syndrome. These injuries can severely limit their ability to perform tasks over time.
  • Vehicle-Related Injuries: Transportation and delivery workers, including those in logistics or rideshare services (e.g., Uber and Lyft), face a significant risk of being involved in motor vehicle accidents while on the job, which can lead to injuries such as fractures, whiplash, or head trauma.
  • Struck by Objects: Construction workers and warehouse workers are at risk of being hit by falling tools, materials, or machinery. These incidents can cause serious injuries, including concussions, fractures, or internal injuries.
  • Exposure to Toxic Substances: Industries like manufacturing and janitorial services may expose workers to harmful chemicals or cleaning agents, leading to conditions like respiratory illnesses, skin disorders, or even long-term complications like occupational asthma.

Return to Top

 

How to File a Workers' Compensation Claim in NYC

Filing a workers' compensation claim in New York City involves multiple steps, and navigating them correctly can help ensure you receive the benefits you deserve. Here’s a guide to the process:

1. Notify Your Employer: It’s essential to inform your employer about the injury or illness as soon as possible. By law, you must notify them within 30 days of the incident. This helps start the workers’ compensation process and ensures there's a formal record of the injury.

  • Tip: Notify your employer in writing and keep a copy for yourself. Verbal reports can sometimes be forgotten or disputed later on, so a written record protects your rights.

2. Seek Medical Treatment: You must get medical care from a doctor authorized by the New York Workers' Compensation Board. Make sure your doctor knows the injury is work-related so that they can complete the necessary paperwork.

  • Tip: After your initial treatment, don’t delay follow-up appointments. Even if you feel better, continued documentation from your doctor strengthens your claim and ensures your benefits cover all treatments.

3. File Form C-3 (Employee's Claim for Compensation): Submit this form to the New York Workers' Compensation Board within two years of your injury. This form is key to opening your claim for benefits, and the information provided will be used to evaluate your case.

  • Tip: Double-check the form for accuracy. Errors or missing details could slow down your claim. If you’re unsure how to fill out certain sections, don’t hesitate to ask a New York workers' compensation attorney for guidance.

4. Respond to Requests from the Insurance Carrier: Your employer’s workers' compensation insurance carrier may reach out for more information or require an independent medical exam. Promptly responding to their requests will prevent delays in processing your claim.

  • Tip: If you're asked to attend an independent medical exam (IME), be clear and consistent about your symptoms. Insurance companies may use IMEs to challenge claims, so having detailed medical records can help protect your benefits. This is also why having a workers’ comp lawyer by your side to guide you through the process and protect your rights is so important.

5. Appeal a Denied Claim: If your claim is denied, you have the right to appeal. This involves filing an appeal with the New York Workers' Compensation Board and attending hearings to argue your case.

  • Tip: Gather as much evidence as possible for your appeal, including medical records and any witness statements. A well-prepared appeal can increase your chances of success, so consider working with a workers' compensation attorney during this process.

6. Obtain Benefits: Once approved, you’ll begin receiving benefits, which may include coverage for medical treatments, wage replacement, and potentially disability payments.

  • Tip: Carefully review all payments and statements from the insurance carrier. If there’s a discrepancy or a delay in your payments, notify your attorney immediately to resolve the issue.

Return to Top

 

When should I hire a workers comp lawyer?

Nobody expects to be hurt at work, and while most of us have heard of workers' compensation, a lot of us don’t know just how complicated and difficult it can be to get compensation. Workers who have been hurt on the job need to know their legal rights and responsibilities, as well as those of the other involved parties, like their boss and their employer's insurance carrier. Workers need to know their options, and retaining a workers' compensation lawyer can help them through the claims process.

Return to Top

 

How do workers’ compensation lawyers get paid?

We work for our clients on a contingency fee basis, which means that attorneys' fees and other case-related expenses will only be due if we win your case. We do not charge an hourly fee. You will only see a bill from us when you receive a successful judgment or monetary settlement. The New York State Workers' Compensation Law Judge sets the amount of the fee, which generally is between 10-15 percent of the award. So, when you contact us and request a free evaluation, there is truly no obligation, and you will pay us nothing unless you win. Call us or contact us online today for your free consultation.

Return to Top

 

How does workman's compensation work in New York?

Workers who are injured on the job in New York have two responsibilities immediately after an on-the-job accident. First, the injured worker needs to obtain necessary medical care, whether that’s at a hospital, occupational medicine clinic, or from their primary care provider. Second, the employee needs to promptly notify his or her supervisor or manager about the accident.

Your employer will then report the injury or illness to the state's Workers' Compensation Board (WCB) and the company's workers' compensation insurance carrier. By law, injured workers are required to file Form C-3 (Employee's Claim for Compensation) with the Board within two years from the date of the accident or from the date the medical condition was discovered to cause an occupational disease.

These deadlines are strictly enforced, and a mistake in filling out a single form can jeopardize a worker's ability to recover compensation.  A workers’ compensation lawyer who is experienced in handling workers' compensation claims can help the injured worker fill out all necessary forms and also make sure that the other parties involved are taking care of the steps that they are responsible for. An attorney can also advocate for the injured worker if there is a dispute regarding the injury or the claim.

Return to Top

 

Can I Receive Workers' Compensation if I Have a Pre-Existing Condition?

Yes, you can still receive workers' compensation if a pre-existing condition is aggravated or worsened due to your job. In New York, workers' compensation covers any injury or illness that results from work-related activities, even if you had a pre-existing condition. The key is proving that your job significantly contributed to making the condition worse. For example, if you had a previous knee injury and your current job involves heavy lifting that exacerbates the issue, you may be entitled to workers' compensation benefits. It’s important to provide detailed medical records that show the connection between your job duties and the aggravation of the condition.

Return to Top

 

How Long Can You Receive Workers' Compensation Benefits in New York?

In New York, the length of time you can receive workers' compensation benefits depends on the nature and severity of your injury or illness. For temporary disabilities, wage replacement benefits can continue until you are cleared to return to work. If your injury results in permanent partial or total disability, you could receive benefits for a specific number of weeks or potentially for life. The state has a schedule of benefits that outlines the duration of benefits based on the type of injury and its impact on your ability to work. For example, injuries like losing a limb may have a set number of weeks of benefits, whereas permanent total disability could result in ongoing payments.

Return to Top

 

How much is a typical workers' compensation settlement?

Before any settlement is reached, we formulate what your compensation should be based on:

  • Medical treatment to date
  • Future medical treatment, like surgery
  • Lost wages and any future wage loss
  • Disability payments, if applicable

Even though our firm has recovered millions for injury victims, every workplace accident case is different. Workers' compensation insurance adjusters know we meticulously prepare every case. That’s why they typically offer our clients a great settlement long before a case ends up in court. Every insurance adjuster and opposing lawyer in New York is well aware that we research and prepare each case as if it’s going to trial. So, they typically offer our clients a very good settlement out of court. They know we’re a formidable opponent and don’t want to go to trial against us. We can help you get a higher New York workers’ compensation claim settlement. Contact us today for your free consultation.

Return to Top

 

Can I See My Own Doctor for Workers' Comp in NYC?

In New York, you can select your own doctor for workers' compensation treatment, but there are certain restrictions. You are allowed to choose any physician as long as they are authorized by the New York State Workers’ Compensation Board (WCB). This rule ensures that your medical treatment is fully covered under your workers' compensation benefits.

When selecting your doctor, keep the following in mind:

  • WCB-Authorized Doctors: Your chosen physician must be approved by the Workers' Compensation Board. If you don’t use an authorized doctor, your medical bills may not be paid under workers' compensation.
  • Changing Doctors: If you are unhappy with your initial doctor, you are free to switch to another WCB-authorized provider. You do not need permission from your employer or the insurance company to make this change.
  • Specialist Referrals: If your treating physician recommends you see a specialist, that specialist also needs to be WCB-authorized. This is important to ensure your continued coverage for specialized treatment.
  • Independent Medical Exams (IME): Insurance companies might require you to attend an IME with a doctor of their choosing. This is separate from your own treatment and is used to evaluate your claim. An IME does not replace your right to see your chosen doctor.

Return to Top

 

What Should I Do If My Workers' Compensation Benefits Stop in New York?

If your workers' compensation benefits are suddenly stopped or reduced in New York, taking action immediately is essential. First, check if your employer's insurance carrier filed a “Notice of Termination of Compensation” form with the Workers' Compensation Board. This can happen if they believe you have fully recovered or are no longer eligible for benefits. If you disagree with the decision, you can request a hearing with the New York Workers' Compensation Board to dispute the termination. Make sure to gather all relevant medical evidence to support your case. Consulting with a workers' compensation attorney in NYC can help you navigate the appeal process and ensure your benefits are reinstated if unjustly stopped.

Return to Top

 

Does NYS Workers' Compensation Pay for Pain and Suffering?

In New York, workers’ compensation does not cover pain and suffering, which is often included in personal injury lawsuits. The system is designed to compensate workers for economic losses, such as medical expenses and lost wages, not non-economic damages, like emotional distress or pain. If a third party was responsible for your work injury, you may be able to file a separate personal injury lawsuit to seek compensation for pain and suffering outside of the workers' compensation system. However, within the workers' comp framework, payments are limited to tangible costs of recovery and living expenses. An experienced NYC workers’ comp lawyer can help you identify all potential sources of compensation and advocate for every dollar you deserve.

Return to Top

 

Can I appeal a decision of the New York Workers' Compensation Board?

Yes. Either side can ask for an administrative review of the decision within 30 days of the filing. This is done by applying in writing for Board review. A panel of three Board Members will review the case. The panel may affirm, modify or rescind the decision, or restore the case to the calendar for further development of the record.

In the event the panel decision is not unanimous, any interested party may apply in writing for a mandatory review by the full Board. You can also appeal your case at the same time to the New York State Supreme Court, Appellate Division, 3rd Judicial Department.

The full Board must review and either affirm, modify, or rescind this decision. In addition, following a unanimous decision of the Board panel, a party may file an application for discretionary full Board review. The application for discretionary full Board review will either be denied by the Board or when warranted, the Board panel decision may be rescinded by resolution of the full Board. When the original Board panel decision is rescinded, a new panel decision will be issued.

Filing an appeal with the New York Workers’ Compensation Board and/or the New York State’s Supreme Court, Appellate Division, 3rd Judicial Department can be a long, complex process. That’s why it’s important to get help along the way. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has workers comp appeals attorneys with years of experience appealing such complex cases. We fight for clients struggling with on-the-job injuries throughout the state. Call us today at (800) 692-3717 or contact us online for a free evaluation. Discussions are confidential.

Return to Top

 

How can I appeal a New York workers’ comp decision?

Everyone hopes that their workers’ comp claim goes smoothly, but either side can appeal the decision in writing within 30 days of the decision. Three Board members review appealed cases. They may agree with the decision, change part of it, or reject it. They may also return the case for more hearings.

Either side may appeal that decision to the full membership of the Workers' Compensation Board of Commissioners and New York State’s Supreme Court, Appellate Division, 3rd Judicial Department. These appeals can be made simultaneously to both the Board and the 3rd Judicial Department. If the full Board takes the case, it will either agree, change, or overturn the decision.

Appeals from Board decisions may be taken within 30 days to the Appellate Division, Third Department, Supreme Court of the State of New York.

Return to Top

 

How long does it take to review an appeal in New York?

There is no time limit on issuing a decision, but it’s in your best interests to seek an appeal as soon as possible. Either side may seek administrative review of the decision made by the Workers' Compensation Board panel within 30 days of the filing of the decision. This is done by applying in writing for Board review. A panel of three Board Members will review the case. Appeals of Board Panel decisions may be taken to the Appellate Division, Third Judicial Department, Supreme Court of the State of New York, within 30 days. The decision of the Appellate Division may be appealed to the Court of Appeals.

Return to Top

 

What are my chances of winning an appeal?

After a hearing, if either side disagrees with the decision, several legal options are available. An appeal can be sought from the state Workers Compensation Board and further appeals are allowed to the Appellate Division and thereafter, if accepted for review, to the Court of Appeals.

The appeals process is where a workers’ compensation attorney can be really helpful. At Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, our New York workers’ compensation attorneys have years of experience with the appeals process. We know how to get your work injuries taken seriously and can help you document evidence and guide you through the process to a successful claim. Call the New York Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today toll-free at (800) 692-3717 or contact us online for a free evaluation.

Return to Top

 

From New York City and Long Island to Westchester and Rockland County-We're On Your Side

Every New York workers' comp lawyer knows that workers' compensation settlements are crucial to recovery because workplace injuries can be severe, sometimes resulting in long-term, permanent disability. We offer nine decades of experience and can provide injured employees with the reassurance and reliability that only experience can bring. Worker accidents, injuries, and illnesses can be debilitating, from Staten Island, Long Island, Brooklyn, and Queens to Westchester, Rockland, the Bronx, and Manhattan, and they take many forms:

For Over 90 Years, We've Been Going to Bat For New Yorkers Who Were Hurt at Work

It doesn't matter where you are in your workers' comp process, whether you just suffered an on-the-job neck injury yesterday, have been enduring work-related mesothelioma for years, or are unsure of how to deal with a denied workers compensation claim. Even if you only suspect your pain or illness is from a job accident, a continuous motion work task, or perhaps one of many harmful exposure diseases that workers can get, call New York worker's compensation lawyers Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today. We will conduct a free evaluation of your work injury and advise you as to the best plan of action, both legally and medically.

Call a Relentless Workers Compensation Lawyer to Help With Your Benefits

With over thirty dedicated, seasoned attorneys on our staff, we make an ironclad commitment to each client, tackling every injured employee case meticulously and tirelessly. Our goal is to work as hard as we can on your behalf so you can look forward to physical and financial recovery and get your life back. We also know that New Yorkers are loyal employees who don't want to complain, particularly if they've been working for the same employer for a long while or their boss is a friend or family member. But remember that your employer expects injuries to occur sometimes and wants you to get better, especially if you have a family to support. Workers' compensation insurance coverage is part of owning a business, and it exists to help people just like you.

Union Member, City Worker, or State Employee? We Know Labor and Civil Service Law Inside Out

We are also extremely experienced in representing union members who have suffered workplace injuries, as well as injured civil servant, state and city/municipal employees. When you're involved in a third-party workplace injury, in which a non-job-related factor is involved, recognizing a workers comp claim can be even more complex.

So, if you were injured at work, call the Pasternack Tilker Ziegler Walsh Stanton & Romano LLP today toll-free at (800) 692-3717 or contact us online for a free evaluation. There is no obligation, and every discussion is personalized and confidential.

Hard-working New Yorkers have been counting on us for over 90 years to fight for their rights, and you can, too. Call us today. We're the knowledgeable, fearless New York personal injury legal team you want on your side.