Reviewed by Laurence P. Banville, Esq.Frequently asked questions
When should I hire a workers’ compensation attorney in New York?
You should consult an attorney as soon as possible after a workplace injury—ideally before filing your C-3 claimant form with the New York Workers’ Compensation Board. Insurers have experienced adjusters working against your claim from day one, and mistakes made early can reduce or eliminate your benefits. An attorney ensures your rights are protected from the start.
What does a NY workers’ comp attorney actually do on my case?
A workers’ compensation attorney handles every step of your claim: filing paperwork with the NYS Workers’ Compensation Board, obtaining medical records and independent medical evaluations, attending pre-hearing conferences and formal hearings, cross-examining insurance medical examiners, and negotiating lump-sum settlements called Section 32 agreements. They also coordinate with your treating physicians to document the extent of your injuries and lost wages.
Does a workers’ compensation attorney in NY cost anything upfront?
No. In New York, workers’ compensation attorneys work on a contingency fee basis and their fees are capped and must be approved by the Workers’ Compensation Board—typically 15–20% of your award. You pay nothing unless you receive benefits, and you never pay out of pocket. This fee structure makes legal representation accessible to injured workers regardless of financial situation.
Can a NY workers’ comp attorney also file a personal injury lawsuit?
Yes, and this is one of the most important things a knowledgeable attorney will evaluate. If a third party—such as a negligent contractor, equipment manufacturer, or property owner—contributed to your workplace injury, you may be able to file a separate personal injury lawsuit in addition to your workers’ comp claim. New York’s CPLR §214 gives you three years from the date of injury to file a personal injury action, and recovering both can significantly increase your total compensation.