Do You Need a Lawyer for a Workers Comp Case in NY?

In most cases, yes. While New York’s workers’ compensation system is designed to be accessible without an attorney, insurers routinely dispute injury severity, deny claims outright, or pressure injured workers to accept low settlements. A workers’ comp attorney levels the playing field and typically increases the value of settlements and awards, with fees capped by the Workers Compensation Board so there is no upfront cost to you.

NY workers’ compensation covers medical treatment and a portion of lost wages — generally two-thirds of your average weekly wage up to the state maximum — regardless of who was at fault. A personal injury (tort) lawsuit, by contrast, can recover pain and suffering, full lost earnings, and other damages, but generally cannot be filed against your employer. However, if a third party (such as a contractor or equipment manufacturer) caused or contributed to your injury, you may be able to pursue both a workers’ comp claim and a separate civil lawsuit simultaneously.

Legal help is especially important if your claim has been denied, your employer disputes that the injury happened at work, your injury is serious or permanently disabling, you are being pressured to return to work too soon, or a third party may share liability. Complex cases before the NY Workers Compensation Board — including appeals to the Workers’ Compensation Board Panel or the Appellate Division — are extremely difficult to navigate without counsel.

New York law gives injured workers two years from the date of injury (or from the date you knew or should have known the injury was work-related) to file a workers’ compensation claim with the NY Workers Compensation Board. You must also notify your employer within 30 days of the injury. Missing either deadline can result in losing your right to benefits entirely, which is another reason prompt legal consultation matters.