Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Do I need a lawyer to file a workers’ comp claim in New York?
No — New York law does not require you to have an attorney to file a workers’ compensation claim with the Workers’ Compensation Board (WCB). However, the WCB process involves formal hearings, medical evidence, and insurer-hired lawyers. Unrepresented claimants frequently receive lower awards or have legitimate claims denied on procedural grounds.
What does workers’ comp cover in New York, and when can I sue instead?
New York workers’ comp is a no-fault system that covers medical treatment and wage replacement — typically two-thirds of your average weekly wage (AWW) up to the state maximum. It does not compensate pain and suffering. A separate personal injury lawsuit against your employer is generally barred by the Workers’ Compensation Law, but you may be able to sue a negligent third party (e.g., a contractor, equipment manufacturer) who contributed to your workplace injury.
When is hiring a workers’ comp attorney in NY most important?
An attorney is most valuable when: your employer or insurer disputes the claim; you have a permanent partial or total disability; you need a schedule loss of use (SLU) award for a lost limb or function; or your claim is approaching the two-year filing deadline. Insurance carriers are represented by experienced defense attorneys — having your own counsel levels the playing field.
How much does a workers’ comp attorney cost in New York?
Workers’ comp attorneys in New York are paid on a contingency basis and their fees are strictly regulated by the WCB — typically 15–20% of your award, capped by the Board and subject to Board approval. You pay nothing out of pocket; the fee comes out of the benefits you recover. There is no upfront cost to hire representation.