Reviewed by Laurence P. Banville, Esq.Frequently asked questions
When is it most important to hire a workers’ comp lawyer in New York?
You should contact a lawyer immediately if your injury requires surgery or long-term treatment, your employer disputes that the injury is work-related, or the insurance carrier denies your claim or stops your benefits. Early legal involvement ensures medical evidence is properly preserved and deadlines under the NY Workers’ Compensation Law are not missed. Even in straightforward cases, an attorney helps maximize your weekly wage-replacement benefit, which is capped at two-thirds of your average weekly wage up to the state maximum.
What does NY workers’ comp cover, and when can I also file a personal injury lawsuit?
New York’s workers’ compensation system is a no-fault program administered by the NY Workers’ Compensation Board. It covers medical treatment and two-thirds of your average weekly wage (up to the state-set maximum) while you are disabled, but it does not compensate for pain and suffering. In most cases you cannot sue your employer because workers’ comp is the exclusive remedy. However, if a third party — a negligent contractor, equipment manufacturer, or driver — caused your injury, you may bring a separate personal injury lawsuit against that party while also collecting workers’ comp benefits.
Can my employer retaliate against me for filing a workers’ comp claim in New York?
No. New York Workers’ Compensation Law Section 120 expressly prohibits employers from firing, demoting, or otherwise discriminating against an employee for filing a workers’ comp claim. If you experience retaliation, you can file a complaint with the NY Workers’ Compensation Board. An attorney can help you document the retaliation and pursue penalties against the employer.
What happens if my NY workers’ comp claim is denied?
A denial is not final. You have the right to request a hearing before a Workers’ Compensation Law Judge at the NY Workers’ Compensation Board. From there, decisions can be appealed to the Board Panel and, if necessary, to the Appellate Division of NY Supreme Court. Given that the insurer will be represented by experienced defense counsel at these hearings, having your own attorney significantly improves the odds of a successful outcome.