Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Is it required to have a lawyer to file a workers' comp claim in New York?
No. New York's workers' compensation system is a no-fault administrative process run by the Workers' Compensation Board (WCB), and you are legally permitted to represent yourself. However, insurers have experienced defense attorneys working to limit payouts, so claimants who go unrepresented often receive lower wage-replacement benefits or have legitimate claims denied altogether.
What does workers' comp cover in NY, and when would I need a personal injury lawsuit instead?
New York workers' comp covers medical treatment and lost wages (typically two-thirds of your average weekly wage up to the state maximum), but it does not pay for pain and suffering. A separate personal injury lawsuit is only available if a third party — someone other than your employer or a co-worker — caused your injury, such as a negligent contractor or equipment manufacturer on your worksite.
When does hiring a workers' comp lawyer make the biggest difference in New York?
An attorney is especially valuable when your employer or their insurer disputes that your injury is work-related, when you are classified with a permanent partial or total disability and face a lump-sum settlement hearing before a WCB Law Judge, or when your claim is denied and you need to appeal. Lawyers also ensure you meet the two-year filing deadline under New York Workers' Compensation Law § 28.
How do workers' comp lawyers charge fees in New York?
Workers' compensation attorneys in New York work on a contingency basis and are paid only if they recover benefits for you. Fees are capped by the Workers' Compensation Board — typically 15–20% of any awards for lost wages — and must be approved by a WCB Law Judge. You pay nothing upfront and owe nothing if the attorney does not recover benefits.