Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What does a workers comp lawyer actually do after a workplace injury in New York?
After a workplace injury, a NY workers' comp lawyer files your C-3 claim with the Workers' Compensation Board, collects and organizes medical records, and represents you at WCB hearings. They challenge any denial or underpayment of benefits by the employer's insurance carrier and can negotiate a Section 32 settlement to resolve your case for a lump sum.
What does workers' compensation cover in New York, and how is it different from a personal injury lawsuit?
New York's workers' comp system is no-fault: it pays for medical treatment and replaces 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 but can recover pain and suffering and full lost wages. In most workplace injuries you cannot sue your employer directly, but a lawyer can identify whether a third party — such as a subcontractor or equipment manufacturer — created a separate liability claim alongside your WCB benefits.
Do I need a lawyer to file a workers comp claim in New York?
You are not required to have a lawyer, but insurance carriers employ experienced attorneys whose job is to limit your benefits. A NY workers' comp lawyer knows WCB procedures, deadlines (including the two-year filing deadline), and the medical evidence standards the Board requires. Claimants with representation consistently fare better on disputed claims and permanent disability awards than those who go unrepresented.
How do workers' comp lawyers get paid in New York?
New York workers' comp attorneys work on contingency and are paid only if you receive benefits or a settlement. Their fees are set and approved by the Workers' Compensation Board — typically a percentage of any disputed amounts recovered — so there is no upfront cost to hire one. You owe nothing if no benefits are secured.