When Do You Need a Lawyer for Workers’ Comp in NY?

You should strongly consider a lawyer if your employer or insurer disputes your claim, if you suffer a permanent partial or total disability, or if you are offered a settlement (called a Section 32 Agreement). NY workers’ comp insurers are experienced negotiators—an unrepresented injured worker frequently leaves significant compensation on the table. A lawyer is also essential if you are fired or retaliated against after filing.

The New York Workers’ Compensation Board (WCB) operates as a no-fault system: you receive wage replacement (generally two-thirds of your average weekly wage up to the state maximum) and medical coverage without proving negligence, but you cannot sue your employer for pain and suffering. A personal injury lawsuit—which can include pain and suffering damages—is only available when a negligent third party (not your employer or a co-worker) caused your injury, such as a defective equipment manufacturer or a contractor on the same job site.

NY workers’ comp attorneys work on contingency—you pay nothing upfront. Attorney fees are capped by the Workers’ Compensation Board and must be approved by a judge; the standard cap is 15% of any award or settlement. Because fees come out of the award rather than your pocket, hiring a lawyer carries no out-of-pocket financial risk.

Under NY Workers’ Compensation Law, you have two years from the date of your injury (or from the date you knew or should have known the injury was work-related) to file a claim with the Workers’ Compensation Board. You must also notify your employer within 30 days of the accident. Missing either deadline can result in losing your right to benefits entirely, which is one more reason to consult a lawyer promptly after a workplace injury.