New York City Worker’s Compensation Lawyer

Every day, New York City employees go to work expecting their workplace to be reasonably safe. Yet construction hazards, unsafe property conditions, defective equipment, repetitive tasks, vehicle crashes, and exposure to harmful substances can leave workers seriously injured or ill.

When that happens, workers’ compensation is intended to pay for necessary medical care and provide partial wage-replacement benefits. The system is supposed to protect injured workers, but claims may be delayed, disputed, or denied because of questions about notice, medical evidence, whether the condition is work-related, or the extent of the worker’s disability.

For more than 50 years, The Rothenberg Law Firm has represented injured people and their families, recovering billions of dollars for clients. Our New York City workers’ compensation lawyers handle the forms, evidence, insurer communications, hearings, and appeals involved in pursuing benefits. We also investigate whether a third party may be responsible for compensation that workers’ compensation does not provide.

Contact The Rothenberg Law Firm for a free consultation about your work injury claim.

Why Choose Rothenberg Law Firm for Your NYC Workers' Compensation Claim

Choosing The Rothenberg Law Firm means partnering with a trusted team of experienced attorneys who believe every client deserves the utmost care, respect, and dedication. For over half a century, we have been a beacon of hope for those injured on the job in New York City. Unlike firms that settle for quick outcomes, we are not satisfied until we've fought for the maximum compensation you deserve.

Our attorneys are more than legal advocates; we are your guides through a complex process. We understand that a workplace injury can be devastating, from physical pain to financial uncertainty. That's why we go beyond simply filing claims. We connect our clients to trusted medical specialists, counselors, and other professionals who can help rebuild their lives. When corporate employers or insurance companies try to block fair compensation, we step in to level the playing field, aggressively pursuing justice on your behalf.

At Rothenberg Law Firm, we treat every client as if they were a member of our own family. This commitment, combined with our proven record of success, sets us apart as the leading choice for injured workers in New York City. Protecting our clients' futures and holding negligent parties accountable is not just our job; it's our mission.

https://youtube.com/watch?v=Elo3KtWpv20%3Fsi%3DIQtW8rqu-en8oxah

Common Workplace Injuries

Workplace injuries can vary widely depending on the profession, but certain accidents happen all too often. Below are some of the most common workplace injuries we've encountered:

• Slip-and-Falls: These injuries often occur due to wet floors, uneven surfaces, or improperly maintained premises.
• Back and Neck Injuries: Overexertion, heavy lifting, and poor ergonomics can lead to debilitating spinal injuries.
• Repetitive Strain Injuries (RSI): Common among office workers, cashiers, and factory workers, RSI develops over time from repetitive tasks like typing or assembling machinery.
• Construction Site Accidents: According to OSHA, construction-related incidents are among the leading causes of workplace injuries and can result from faulty equipment, falling debris, or unsafe working conditions.
• Burns and Chemical Exposure: Employees in kitchens, factories, or labs are often exposed to risks of heat injuries or hazardous chemical burns.
• Amputations or Crush Injuries: Workers who operate heavy machinery or tools are at risk of severe injuries.

Regardless of the nature of your injury, you deserve compensation for the harm you've suffered. A skilled New York City workers' compensation attorney can help gather the necessary evidence, consult with experts, and fight to secure the full benefits available under the law.

How Workers’ Compensation Works in New York

New York workers’ compensation is a no-fault insurance system for eligible employees who are injured or become ill as a direct result of their jobs. You generally do not have to prove that your employer was negligent, and benefits are not ordinarily reduced because you were careless. The New York State Workers’ Compensation Board processes claims and resolves disputes involving injured workers, employers, and insurance carriers.

Because workers’ compensation is generally the exclusive remedy against an employer, most workers cannot bring a separate negligence lawsuit against their employer for the same work-related injury. However, a separate claim may still be available against a person or company other than the employer or a co-worker.

Workers’ Compensation Benefits Available to Injured New Yorkers

The benefits available in a New York workers’ compensation claim depend on the injury, the medical evidence, the worker’s wages, and the effect the condition has on the worker’s ability to perform a job. Available benefits may include:

• Medical care: Payment for authorized treatment related to an accepted or established work injury or illness, including doctor visits, hospital care, diagnostic testing, surgery, physical therapy, prescriptions, medical equipment, and qualifying travel expenses.
• Lost-wage benefits: Partial wage replacement when a work-related condition prevents you from working. The weekly benefit is generally calculated using two-thirds of your average weekly wage multiplied by your percentage of disability, subject to the statewide maximum.
• Reduced-earnings benefits: Benefits may be available when you can return to work but your injury forces you to work fewer hours, perform a lower-paying job, or otherwise earn less than you did before the injury.
• Temporary disability benefits: Payments during a period when you are totally or partially unable to work while recovering from the injury or illness.
• Permanent disability or Schedule Loss of Use awards: Additional benefits may be available when an injury results in a lasting impairment, permanent loss of wage-earning capacity, loss of use of a body part, loss of vision or hearing, or qualifying facial disfigurement.
• Death benefits: Certain surviving family members may qualify for weekly benefits and payment of qualifying funeral expenses when a worker dies because of a job-related injury or illness.
• Return-to-work assistance: Vocational rehabilitation, social-work assistance, and other services may help an injured worker return to suitable employment or address financial and family problems caused by the injury.

The amount and duration of benefits are not the same in every case. Medical reports, payroll records, disability classifications, prior payments, and disputes raised by the insurance carrier can all affect the final award.

Workers' Compensation Benefits for Injured Workers in New York City

When you've been injured on the job, workers' compensation aims to help you recover without financial stress. Below are the core benefits you may be entitled to if you file a successful workers' compensation claim in New York City:

1. Medical Expenses
   Workers' compensation should cover all reasonable and necessary medical treatments related to your injury or illness. This includes doctor visits, hospital stays, diagnostic tests, surgery, rehabilitation, and even transportation costs to medical facilities.
2. Lost Wages
   If your injury prevents you from working, you are entitled to receive a portion of your wages to mitigate financial hardship. Workers' compensation benefits in New York typically cover up to two-thirds of your average weekly wage, subject to a statewide maximum.
3. Permanent Disability Benefits
   For employees who suffer long-term or permanent injuries, additional benefits may be available to compensate for your reduced ability to earn income in the future.
4. Survivor Benefits
   If a fatal workplace accident occurs, families of deceased loved ones may be entitled to receive survivor benefits, which can include funeral expenses and weekly financial support.
5. Vocational Rehabilitation
   If your injuries prevent you from returning to your previous job, vocational rehabilitation services can help you retrain for a new position or assist with job placement.

While workers' rights are protected under the law, the claims process can be frustrating, especially when dealing with injuries. What happens if your claim is unfairly denied? What if your employer argues the injury occurred outside of work? These are questions no one should face alone. A compassionate New York City workers' compensation lawyer at The Rothenberg Law Firm will stand by you every step of the way, ensuring you receive the full benefits you are entitled to under the law.

What Is the Process for Filing a Workers’ Compensation Claim in New York?

Protecting your right to benefits requires both prompt notice to your employer and a separate claim filed with the New York State Workers’ Compensation Board. Telling a supervisor that you were injured does not, by itself, complete the claims process.

1. Report the injury to your employer in writing. Notify your employer as soon as possible and generally within 30 days of the accident. Delayed notice can give the employer or insurance carrier a basis to dispute the claim.
2. Seek appropriate medical treatment. Get emergency care immediately when necessary. Outside of an emergency, treatment generally must be provided by a health care provider authorized by the Workers’ Compensation Board. Tell each provider that the injury or illness is work-related and give a complete description of your symptoms and job duties.
3. File Employee Claim Form C-3. File Form C-3 with the Workers’ Compensation Board as soon as possible. The general filing deadline is two years after the accident or two years after you knew, or reasonably should have known, that an occupational disease was related to your work. If you previously injured the same body part or had a similar illness, Form C-3.3 may also be required.
4. Develop the medical and wage evidence. Medical reports should identify the diagnosis, explain how the condition is related to the job, describe work restrictions, and state the degree of disability. Payroll and employment records may be needed to establish your average weekly wage and calculate lost-wage benefits.
5. Respond to the insurance carrier. The carrier may accept the claim, dispute part of it, deny it entirely, request additional documentation, or schedule an independent medical examination. Even an accepted claim can later involve disputes over treatment, disability, average weekly wages, or permanent impairment.
6. Attend a Workers’ Compensation Board hearing when necessary. If the parties cannot resolve an issue, a Workers’ Compensation Law Judge may hear testimony, review medical and wage evidence, and issue a decision. An administrative appeal from an unfavorable judge’s decision generally must be filed within 30 days of the decision’s filing date.

What Should Your Written Notice to Your Employer Include?

Your written report should provide enough information for the employer to identify and investigate the incident. Include as many of the following details as possible:

• Your name, job title, department, and supervisor’s name
• The date and approximate time of the accident or exposure
• The exact location where the incident occurred
• A clear description of what happened and what work you were performing
• Each body part that was injured and the symptoms you experienced
• The names and contact information of witnesses
• The medical providers or facilities where you received treatment
• Any prior injury involving the same body part, when relevant

Keep a copy of the written notice and proof showing when and how it was delivered. Your employer’s accident report does not replace your obligation to file Form C-3 with the Workers’ Compensation Board.

Can You File a Third-Party Lawsuit After a Work Injury?

Workers’ compensation provides important medical and wage benefits, but it does not compensate an injured worker for pain and suffering and may not replace the full value of lost earnings. If a person or business other than your employer or a co-worker contributed to the accident, you may be able to pursue a third-party personal injury claim while also receiving workers’ compensation benefits.

Potential third-party claims may involve:

• A property owner, general contractor, subcontractor, or other company responsible for an unsafe worksite
• A manufacturer, distributor, or maintenance company responsible for defective machinery, tools, or safety equipment
• A negligent driver who caused a crash while you were driving or performing another work-related task
• A building owner or maintenance company responsible for a dangerous property condition
• A vendor or outside company whose employee created the hazard that caused the injury

New York Labor Law Claims for Construction Workers

Third-party claims are especially important after a New York City construction accident. For covered work, New York Labor Law Section 240 addresses scaffolds, ladders, hoists, and other elevation-related safety devices. Labor Law Section 241 imposes additional safety requirements for construction, excavation, and demolition work.

Depending on the work being performed and how the accident happened, these laws may support a claim against a property owner, general contractor, or another responsible party. Examples may include falls from scaffolds, ladders, roofs, or elevated work areas; injuries caused by falling materials; and accidents arising from violations of applicable worksite safety requirements.

Workers’ compensation and third-party claims affect one another, including the handling of insurance liens and settlements. Our attorneys evaluate both avenues from the beginning so that an injured worker does not unknowingly give up a valuable claim.

Contact Our New York City Workers' Compensation Attorneys Today

Dealing with a workers' comp claim can be frustrating, especially when you are focused on recovering. The Rothenberg Law Firm is here to help you every step of the way. With over 50 years of experience and billions recovered for injured clients, you can trust our team to fight for the justice and benefits you deserve. Here's how we can help:

• Investigate your accident to gather evidence and build a strong claim.
• Handle communication with insurance companies to prevent undervalued settlements.
• Ensure all paperwork is filed correctly and deadlines are met.
• Represent your interests in court if a trial becomes necessary.

Don't wait to get the support you need. Call us today for a free consultation with a compassionate NYC workers' compensation lawyer. At The Rothenberg Law Firm, we'll treat you like family and fight relentlessly to protect your future. Contact us today at (866) 771-4988 or through our online form for a free, no-obligation consultation. 

Call us today for a free, no obligation consultation.

New York City Workers' Compensation Claims FAQs

If you're going through the workers' compensation process and have questions, we're here to provide clarity and support every step of the way. Here are answers to some commonly asked questions regarding workers' comp claims:

Do I need a lawyer to file a workers' compensation claim?

While you aren't legally required to have an attorney, hiring a skilled workers' compensation lawyer can make a significant difference in your case. Insurance companies often try to minimize payouts or deny claims altogether, and navigating the process on your own can be overwhelming. A lawyer ensures all paperwork is completed accurately, deadlines are met, and your rights are aggressively defended.

Can my workers' compensation claim be denied?

Yes, claims are sometimes denied for a variety of reasons, such as insufficient medical evidence, late filing, or disputes over whether the injury was job-related. A denial is not the end of the road. An experienced lawyer can help you appeal the decision and present additional evidence to strengthen your case.

What if my employer retaliates against me for filing a workers' compensation claim?

It is illegal for employers to retaliate against workers for filing a claim. Retaliation could include termination, demotion, or any adverse actions. If you face retaliation, you may have grounds for a separate legal claim against your employer. Consult an attorney as soon as possible if you suspect retaliation.

Can I file a workers' compensation claim as a part-time or seasonal worker?

Yes, most employees are covered by workers' compensation, regardless of whether they are full-time, part-time, or seasonal workers. If you've suffered a work-related injury, you are likely entitled to benefits. A lawyer can review the specifics of your case to confirm your eligibility.