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’s workers’ compensation system is designed so injured workers can file without an attorney. However, once an insurer or employer contests your claim, disputes a medical opinion, or challenges your disability rating, navigating the New York Workers’ Compensation Board (WCB) hearing process becomes significantly more complex. A workers’ comp lawyer levels the playing field and handles appeals, cross-examinations, and WCB filings on your behalf.
What does workers’ comp cover in New York — and can I also sue my employer?
New York workers’ compensation is a no-fault system that pays for medical treatment and wage replacement — generally two-thirds of your average weekly wage (AWW) up to a state-set maximum — regardless of who was at fault for the injury. In exchange, you generally cannot sue your employer in civil court. However, if a third party — such as a contractor, equipment manufacturer, or property owner — contributed to your injury, you may have a separate personal injury lawsuit that a lawyer can evaluate alongside your WCB claim.
What should I do if my workers’ comp claim is denied in New York?
If the insurer files a C-7 denial or disputes any part of your claim, you have the right to request a hearing before a WCB Law Judge. You must act within deadlines — New York’s workers’ comp statute of limitations is generally two years from the date of injury or the date you knew (or should have known) the injury was work-related. An attorney can file a rebuttal, gather independent medical evidence, and represent you at the hearing to challenge the denial.
How much does a workers’ comp lawyer cost in New York?
Workers’ compensation attorneys in New York work on contingency — you pay nothing upfront. Attorney fees in WCB cases are set and approved by the Board, typically a percentage of any awards or settlements obtained on your behalf, so there is no financial risk to consulting or hiring one. You only pay if your lawyer recovers benefits for you.