Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What should I look for in a NY workers’ comp attorney?
Look for an attorney who is authorized to practice before the New York Workers’ Compensation Board and has hands-on experience at WCB hearings and depositions. Ask how many workers’ comp cases they handle annually, whether they have dealt with your type of injury, and whether they will be personally handling your case or delegating it. Strong communication and a clear explanation of the two-year filing deadline are good signs.
What does workers’ compensation cover versus a personal injury lawsuit in NY?
New York workers’ compensation is a no-fault system that 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 caused the accident. A personal injury lawsuit, by contrast, requires proving someone else’s negligence and can yield compensation for pain and suffering, which WCB does not pay. In most workplace injury cases you cannot sue your employer directly, but you may have a separate third-party lawsuit against a contractor, property owner, or equipment manufacturer.
When should I hire a workers’ comp attorney in NY?
You should consult an attorney as early as possible, ideally before your first WCB hearing. Insurers regularly dispute claims, reduce benefit rates, or challenge the medical evidence, and having counsel from the start protects your record. New York imposes a two-year deadline from the date of injury or last payment of compensation to file a claim, so delays can permanently bar recovery.
How are workers’ comp attorneys paid in New York?
Workers’ comp attorneys in NY work on a contingency basis and charge no upfront fees. Any fee must be approved by the Workers’ Compensation Board, and it is deducted from your award rather than billed separately. This means a qualified attorney costs you nothing out of pocket unless you receive a recovery.