Reviewed by Laurence P. Banville, Esq.Frequently asked questions
When is it worth getting an attorney for a workers’ comp claim in New York?
You should hire an attorney immediately if your claim is denied, your employer disputes the injury, or you have a permanent or serious disability. An attorney is also critical if you face employer retaliation for filing. NY workers’ comp cases involve hearings before the Workers’ Compensation Board, and an experienced attorney can present medical evidence and argue your wage-replacement rate effectively.
What does NY workers’ compensation cover compared to a personal injury lawsuit?
New York’s workers’ comp system is no-fault and covers medical treatment and partial wage replacement — typically two-thirds of your average weekly wage up to the state maximum — regardless of fault. A personal injury lawsuit can recover full lost wages and pain and suffering, but requires proving negligence. Workers’ comp is the exclusive remedy against your employer in most cases, though you may still sue a negligent third party such as an equipment manufacturer.
What is the deadline to file a workers’ comp claim in New York?
In New York, you must notify your employer within 30 days of injury and file a claim with the Workers’ Compensation Board within two years of the injury or the date you knew it was work-related. Missing these deadlines can eliminate your right to benefits entirely, which is why early legal consultation matters.
Can an attorney help if my workers’ comp benefits were reduced or cut off in NY?
Yes. Insurance carriers can request hearings to reduce or terminate benefits, and you have the right to contest those decisions before the Workers’ Compensation Board. An attorney can cross-examine the insurer’s medical expert, present your treating physician’s records, and appeal adverse decisions through the WCB and, if necessary, to the Appellate Division.