Reviewed by Laurence P. Banville, Esq.The questions that matter most at a free consultation
New York workers’ compensation hearings take place before a Workers’ Compensation Law Judge, and the path to a lump-sum resolution is specific to New York procedure. These are the questions worth asking every attorney you consider:
- Have you handled cases involving my type of injury? Experience with back injuries, repetitive stress conditions, and occupational disease claims differs substantially. Ask for a rough sense of how many similar cases the firm has resolved and what the outcomes looked like.
- Who will appear at my hearings? Ask by name whether it will be the attorney you are meeting, a partner, an associate, or a coverage attorney you may never meet in advance. You have a right to know who is at the hearing table when it matters.
- How is your fee set, and who approves it? Under Workers’ Compensation Law § 24, attorney fees in New York comp cases must be approved by the Workers’ Compensation Board — the attorney cannot simply set their own rate. Make sure the fee structure is explained clearly before you retain anyone.
- What is your approach to a Section 32 settlement? A Section 32 agreement closes your claim with a lump sum approved by a judge. Ask whether the attorney actively pursues them, when they typically recommend one, and what factors they weigh against continuing to receive weekly benefits.
- How will we communicate? Ask who your primary contact is, how quickly calls or emails are typically returned, and how you will be notified before hearing dates. Unanswered questions in an active claim can cost you.
How to read a lawyer’s answers
Strong answers are specific. An experienced New York workers’ comp attorney should be able to name the types of injuries they handle most, explain how Board fee approval works without prompting, and describe a real view on Section 32 timing — not just offer a vague “it depends.” Watch for practices that promise large recoveries upfront. Outcomes vary significantly depending on your wage rate, medical evidence, and degree of permanent impairment, and prior results do not guarantee what your claim is worth.
What to ask about fees
Workers’ comp attorneys in New York are paid a percentage of the benefits they secure for you. That percentage is set by the Workers’ Compensation Board — not by the attorney unilaterally — so there is typically no upfront cost to retain representation. Ask the attorney to walk you through how the fee is calculated and when it is submitted for Board approval. Transparency here is a good sign; evasiveness is not.
Who will actually handle your hearings
Large firms sometimes assign new cases to experienced attorneys at intake, then shift day-to-day work to associates or support staff. That is not automatically a problem, but you should know in advance who appears on hearing dates. Ask directly: if the attorney you are meeting today is unavailable, who covers? Will that person know your file? Consistency matters in front of a Workers’ Compensation Law Judge.
What to bring to the consultation
Come prepared to make the most of the meeting. Bring whatever you have of the following:
- The accident report you filed with your employer, if any
- Medical records or imaging reports related to your injury
- Correspondence from your employer’s insurance carrier or their third-party administrator
- Any notices or forms received from the Workers’ Compensation Board
- A brief written summary of how the injury happened and the treatment you have received so far
Even if you have none of these documents yet, an attorney can still evaluate your claim — but having documentation accelerates the conversation and allows the lawyer to give you a more accurate picture of where your case stands.
Frequently asked questions
What questions should I ask a workers’ comp lawyer?
Ask about their experience with your specific injury type, who will appear at your hearings, how the attorney fee is set and approved by the Workers’ Compensation Board, and what their approach is to a Section 32 lump-sum settlement. Also confirm how the firm communicates with clients and who your day-to-day contact will be.
How do I know if a workers’ comp lawyer is good?
A strong New York workers’ comp attorney gives specific answers about injury types they handle, explains Board fee approval without prompting, and has a clear view on when a Section 32 settlement makes sense versus continuing weekly benefits. Vague promises about results are a warning sign — outcomes vary by case and prior results do not guarantee yours.
Should I ask about fees at a workers’ comp consultation?
Yes. Under New York law, workers’ comp attorney fees must be approved by the Workers’ Compensation Board — the attorney cannot unilaterally set their own rate. There is typically no upfront cost, but you should ask exactly how the fee is calculated and when it is submitted for Board approval.
Who actually handles my workers’ comp hearings?
Ask this directly at the consultation. Some firms assign the attorney you meet to all hearings; others use associates or coverage attorneys on hearing dates. You have a right to know who will be in front of the Workers’ Compensation Law Judge and whether that person will know your file.
What should I bring to a workers’ comp consultation?
Bring any accident report you filed with your employer, medical records related to your injury, correspondence from the insurance carrier, and any notices from the Workers’ Compensation Board. A brief written account of how the injury occurred is also helpful. If you have none of these yet, an attorney can still evaluate your situation.