Reviewed by Laurence P. Banville, Esq.Frequently asked questions
When should I get a workers’ comp lawyer in New York?
Hire a lawyer as soon as your employer denies your injury happened at work, the insurance carrier disputes your medical treatment, or your wage-replacement benefits are reduced or cut off. You should also consult an attorney before accepting any settlement offer from the insurer, since lump-sum agreements under NY Workers’ Compensation Law are binding and difficult to reverse.
What does NY workers’ comp cover versus a personal injury lawsuit?
NY workers’ compensation is a no-fault system administered by the Workers’ Compensation Board (WCB) that pays medical bills and 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 negligence but can recover pain and suffering damages that WCB never pays. In most cases you cannot sue your employer directly, but you may have a third-party lawsuit against a contractor, equipment manufacturer, or property owner.
How long do I have to file a workers’ comp claim in New York?
You must notify your employer of a workplace injury within 30 days and file a formal claim (Form C-3) with the NY Workers’ Compensation Board within 2 years of the date of injury or the date you knew (or should have known) the injury was work-related. Missing either deadline can permanently bar your claim, which is why early legal guidance matters.
Can a workers’ comp lawyer help if my claim was already denied in NY?
Yes. A denial from the WCB or the insurance carrier is not final. You have the right to request a hearing before a Workers’ Compensation Law Judge. An attorney can gather medical evidence, cross-examine the insurer’s independent medical examiner, and argue your case at every level — from the law judge up through the Workers’ Compensation Board panel and, if necessary, the Appellate Division.