When Should I Hire a Workers’ Comp Attorney in NY?

You should hire an attorney immediately if your claim is denied, your employer or their insurance carrier disputes the injury, your medical treatment is being delayed or refused, or you have a permanent disability. NY workers' comp proceedings involve hearings before the Workers' Compensation Board (WCB), and having an attorney significantly improves your chances of a favorable outcome.

NY workers' comp is a no-fault system that covers lost wages (up to two-thirds of your average weekly wage, subject to the state maximum) and medical treatment, regardless of who caused the injury. A personal injury lawsuit requires proving someone else was negligent but can include pain and suffering damages. In most cases you cannot sue your employer directly, but you may have a third-party claim against a non-employer whose negligence contributed to your injury.

You must report your injury to your employer within 30 days and file a claim with the NY Workers' Compensation Board within two years of the date of injury, or the date you knew or should have known the injury was work-related. Missing these deadlines can result in permanent loss of benefits, which is one reason to consult an attorney as early as possible.

You can file on your own, but insurance carriers are represented by experienced defense attorneys whose job is to minimize payouts. For denied claims, disputed injuries, permanent disabilities, or cases that may involve a third-party lawsuit, an attorney levels the playing field and typically secures more in benefits than the cost of representation.