Reviewed by Laurence P. Banville, Esq.Frequently asked questions
When should I hire a lawyer after a work injury in New York?
You should consult an attorney as soon as possible after a workplace injury in NY — ideally before you file your Workers’ Compensation Board claim. An attorney can help you avoid errors that insurers use to deny or reduce benefits, and identify whether you have grounds for a third-party personal injury lawsuit on top of WCB benefits.
What does NY Workers’ Compensation cover versus a personal injury lawsuit?
New York’s workers’ comp system is no-fault, meaning you can collect wage replacement — two-thirds of your average weekly wage up to the state maximum — and medical benefits regardless of who caused the accident, but you generally cannot sue your employer directly. However, if a third party such as a contractor, equipment manufacturer, or property owner contributed to your injury, you may have grounds for a separate personal injury lawsuit that can recover pain and suffering, full lost wages, and other damages not available through WCB.
What is the deadline to file a workers’ comp claim in New York?
In New York, you must notify your employer of your injury within 30 days and file a claim with the Workers’ Compensation Board within two years of the injury date. Missing these deadlines can forfeit your right to benefits entirely, which is why acting quickly — and getting legal advice early — is critical.
Do I need a lawyer if my employer accepts my workers’ comp claim?
Even if your claim is initially accepted, an attorney can be essential. Insurers routinely dispute the severity of injuries, contest your average weekly wage calculation, or push for early settlement at amounts far below what your case is worth. A lawyer can also evaluate whether a concurrent third-party claim is available, which could significantly increase your total recovery.