Can I Fire My Workers’ Comp Lawyer in NY?

Yes. New York law gives you the absolute right to change attorneys at any stage of your workers’ compensation case, including after a hearing has started. Simply notify your current attorney in writing and retain new counsel. The New York Workers’ Compensation Board (WCB) will update the attorney of record once your new lawyer files a notice of appearance.

No. Workers’ comp attorney fees in New York are contingency-based and capped by the WCB — typically 15% of any award or settlement. If you switch lawyers, the WCB arbitrates a fee split between your old and new attorneys based on the work each performed. Your total out-of-pocket cost stays the same regardless of how many lawyers you use.

New York’s workers’ compensation system is no-fault: it covers medical treatment and wage replacement (two-thirds of your average weekly wage, up to the state maximum) without requiring you to prove employer negligence. A personal injury lawsuit, by contrast, requires proving fault but can recover pain and suffering and uncapped lost wages — remedies not available through the WCB. In most cases you cannot sue your employer in tort, but you may be able to sue a negligent third party (such as a contractor or equipment manufacturer) while also collecting workers’ comp.

Common reasons to switch include: your attorney is unresponsive or hasn’t filed required forms with the WCB, your case has stalled without explanation, you disagree with the legal strategy for your hearing, or you believe a third-party personal injury claim exists that your lawyer is not pursuing. New York’s workers’ comp claims have a two-year filing deadline from the date of injury or last payment of compensation, so if you are concerned about inaction, act quickly to protect your rights.