pixel
En Español Em Português
Call The Law Offices of Michael S. Lamonsoff on the phone at 212-962-1020

Available 24/7

Contact
Give The Law Offices of Michael S. Lamonsoff a phone call at 212-962-1020
Free Consultation

What is Workers’ Compensation in New York?

Workers' compensation is an important aspect of employment law in New York, designed to protect the rights and well-being of employees who suffer work-related injuries or illnesses. In New York, most employers are required to carry workers' compensation insurance. This coverage extends to full-time and part-time employees, including family members working for the business.

Workers' compensation provides benefits to employees who sustain injuries or develop illnesses in the course of their employment. This coverage includes accidents that occur on the job, occupational diseases, and injuries resulting from repetitive tasks.

The benefits under workers' compensation typically encompass medical care, wage replacement, and rehabilitation services. Medical expenses related to the treatment of the work-related condition are covered, and employees may receive a portion of their wages during the period they are unable to work.

Workers Compensation LawyerTable of Contents

Eligibility for Workers’ Compensation in New York City

To be eligible for workers’ compensation in NYC, the individual must have an employment relationship with an employer who is subject to New York's Workers' Compensation Law. Most employers in the state are mandated to carry workers’ compensation insurance.

  • Work-Related Injury or Illness: The injury or illness must be directly related to the individual's job or work duties. This includes incidents on the employer's premises or during work-related activities.
  • Prompt Reporting: Reporting work-related injuries or illnesses promptly to the employer is generally required. Failure to do so could impact eligibility for workers’ compensation benefits.
  • Timely Filing of Claims: Timely filing of claims is important. This involves notifying the employer and submitting the necessary claim forms to the Workers’ Compensation Board within specified timelines.
  • No-Fault Basis: New York operates on a no-fault basis, ensuring employees are entitled to benefits regardless of fault. However, exceptions exist for willful misconduct or intoxication causing injuries.
Banner media

Steps to Take If You are Injured at the Workplace in New York

These are the steps you need to take to ensure your workers’ compensation claim gets approved in NY:

  • Obtain Immediate Medical Attention: You need to take care of your health and obtain immediate medical attention for your injuries. Inform the healthcare provider that your injury is work-related.
  • Report the Injury to Your Employer: Notify your employer about the injury as soon as possible. Provide details about how, when, and where the injury occurred, and follow your employer's reporting procedures.
  • Document the Incident: Record details of the accident, including any hazards that contributed to the injury. Take photographs if possible, and gather witness contact information.
  • Consult with Our Lawyers: Seek prompt legal advice from the leading New York workers’ compensation attorney Michael S. Lamonsoff “The Bull” to protect your rights. Our lawyers will ensure maximum claim recovery and will fight aggressively on your behalf if your claim has been denied or disputed.
  • Follow Medical Advice: You need to make sure that you adhere to the treatment plan prescribed by your healthcare provider. Attend all medical appointments and rehabilitation sessions.
  • Communicate with Your Employer and Insurer: Keep your employer informed about your medical status and any changes. Your attorney can communicate with your employer’s workers’ compensation insurance company as necessary.
  • Appeal if Necessary: If your claim is denied, you may want to consult with your workers' compensation attorney in New York City to appeal the decision. Our experienced NYC workers’ comp lawyers will follow the appropriate legal procedures to challenge the denial and fight for your right to compensation.

Why You Need an Experienced Workers’ Compensation Lawyer in New York?

If you have sustained an injury at work, handling the various aspects of the workers’ compensation process can be challenging. Here are a few compelling reasons why you should consider hiring a workers’ compensation lawyer:

Guidance Through the Claims Process

Filing a workers’ compensation claim involves extensive paperwork and adherence to strict timelines. A lawyer can guide you through the entire process, ensuring all necessary documentation is completed accurately and submitted on time.

Advocacy for Denied Claims

If your claim is denied, a workers’ compensation lawyer in New York City can advocate on your behalf. They have experience dealing with insurance companies and can present a strong case for the reconsideration or appeal of a denied claim.

Evaluation of Settlement Offers

Insurance companies may offer settlements that might not fully cover your long-term needs. Our attorneys can assess the adequacy of settlement offers, negotiating for a fair and comprehensive compensation package.

Protection Against Retaliation

Some workers fear retaliation from their employers for filing workers’ compensation claims. A lawyer can ensure your rights are protected and help you take legal action if you face any adverse consequences.

Assistance with Vocational Rehabilitation

In cases where an injury limits your ability to perform your previous job, our lawyers can assist in obtaining vocational rehabilitation benefits, including job retraining or assistance in finding suitable alternative employment.

Representation in Hearings and Appeals

If your case goes to a hearing or requires an appeal, having legal representation is needed. Our attorneys at the Law Offices of Michael S. Lamonsoff, PLLC can represent you during these proceedings, presenting a compelling case on your behalf.

Expedited Process for Complicated Claims

In situations involving severe injuries or disputes, the legal process can become more complicated. Our New York workers’ comp attorneys can expedite the resolution of your case, ensuring you receive timely compensation for medical expenses, lost wages, and other damages.

Maximization of Benefits

Our lawyers will work to maximize the benefits you receive, taking into account not only immediate medical expenses but also future medical needs, disability payments, and other potential long-term costs.

Background media

Over $500 million in verdicts & settlements for our clients

His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated NYC personal injury lawyers, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in the area.

Contact Us

$1,000,000 Settlement in a Slp & Fall Accident
$1,000,000 Settlement in a Truck Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Slip & Fall Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Truck Accident
$1,000,000 Awarded in a Car Accident
$1,000,000 Settlement in a Car Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Settlement in a Personal Injury Case
$1,000,000 Settlement in a Car Accident
$1,000,050 Verdict in a Car Accident Case
$1,000,050 Awarded in a Bus Accident Case
$1,000,180 Awarded in a Wrongful Death Case Involving an Infant
$11,000,000 Verdict Awarded to a Victim of a Bus Accident
$11,750,000 Awarded to a Victim of Wrongful Conviction
$12,000,000 Settlement in a Construction Accident Case
$12,157,000 Settlement in a Train Derailment Case
$1,245,000 Settlement in a Slip & Fall Accident
$1,245,000 Settlement in a Slip & Fall Accident
$1,250,000 Settlement in a Car Accident
$1,250,000 Settlement in a Ceiling Collapse
$1,250,000 Awarded in a Motorcycle Accident
$1,250,000 Awarded in a Car Accident
$1,275,000 Settlement in a Pedestrian Accident
$1,350,000 Settlement in a Pedestrian Accident
$1,375,000 Awarded in a Bicycle Accident
$1,400,000 Settlement in a Construction Accident
14,000,000 settlement at trial for injured worker
$1,450,000 Awarded in a Construction Accident
$1,495,000 Awarded in a Car Accident Case
$1,500,000 Settlement in a Construction Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Recovered in a Construction Accident
$1,500,000 Awarded in a Car Accident
$1,600,000 Awarded to a Victim in a Truck Accident
$16,000,000 Verdict Awarded to a Victim of Sexual Abuse
$1,637,500 Verdict in a Slip & Fall Accident
$1,650,000 Awarded in a Pedestrian Accident
$1,675,000 Awarded in a Car Accident
$1,700,000 Awarded to Victim of a Slip & Fall Accident Case
$1,750,000 Awarded in a Construction Accident
$1,750,000 Awarded in a Bicycle Accident
$1,785,000 Settlement in an Elevator Accident
$1,800,000 Awarded in a Car Accident
$1,950,000 Awarded in a Construction Accident
$2,000,000 Awarded to Victim of a Ceiling Collapse Case
$2,000,000 Settlement in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Settlement in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Truck Accident
$2,000,000 Obtained in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Bicycle Accident Case
$2,100,000 Settlement in a Construction Accident
$2,130,000 Settlement in a Truck Accident Case
$2,152,500 Settlement in a Car Accident
$2,200,000 Awarded in a Construction Accident
$2,350,000 Awarded in a Construction Accident
$2,400,000 Awarded in a Train Accident
$2,400,000 Settlement in a Construction Accident
$2,400,000 Settlement in a Car Accident
$2,400,000 Awarded in a Construction Accident
$2,500,000 Awarded in a Construction Accident
$2,500,000 Awarded to a Metal Worker in a Construction Accident
$2,500,000 Awarded in a Car Accident
$2,500,000 Awarded in a Construction Accident
$2,750,000 Awarded to a Victim of a Construction Accident
$2,750,000 Awarded to victim of a Car Accident Case
$2,785,668 Verdict for a Victim of a Pedestrian Accident
$2,800,000 Settlement in a Pedestrian Accident Case
$2,800,000 Settlement in a Construction Accident Case
$3,100,000 Awarded to a Car Accident Victim
$3,100,000 Awarded to a Worker in a Construction Accident
$3,200,000 Settlement for a Worker Injured in a Construction Accident
$3,500,000 Awarded to a Worker in a Construction Accident Case
$3,500,000 Awarded to victim of a Truck Accident Case
$37,000,000 Awarded in a Construction Accident Case
$3,710,000 Awarded to a Victim in a Shooting Incident
$3,750,000 Awarded in a Construction Accident Case
$4,000,000 Settlement for a Trip & Fall Accident
$4,000,000 Settlement in a case for a Truck Driver
$4,000,000 Settlement in a Construction Accident Case
$4,000,000 Awarded to Families of Flight 587 Victims
$4,010,000 Verdict Awarded to Victim in a Police Abuse Case
$4,100,000 Settlement in a Construction Accident Case
$4,500,000 Settlement in a Construction Accident Case
$4,602,312 Verdict Awarded to Client in a Car Accident
$4,750,000 Awarded to an Injured Construction Worker
$5,000,000 Awarded to a Laborer Injured on a Construction Site
$5,000,000 Settlement Awarded to a Victim of a Slip & Fall Injury
$5,500,000 Verdict Awarded to a Worker at a Construction Site
$5,750,000 Awarded to a Laborer Injured at a Construction Site
$6,500,000 Settlement in a Construction Accident Case
$7,000,000 Awarded in a Construction Accident Case
$9,000,000 Awarded to a Victim of Municipal Assault
Background texture

How Does Workers’ Compensation Operate in New York?

When an employee sustains a work-related injury or illness, it is vital to report it to the employer promptly. In New York, this report should be made within 30 days of the incident or the date the employee knew the injury or illness was work-related. Once notified, the employer is required to report the injury or illness to their insurance carrier and the Workers' Compensation Board in New York.

The WCB reviews the claim to determine eligibility for benefits. If there are disputes or concerns, a hearing may be scheduled. If the claim is approved, the injured worker may be eligible for various benefits, including medical care coverage, cash benefits for lost wages, and rehabilitation services if needed. In some cases, injured workers may be able to return to work in a modified or light-duty capacity. If the employee cannot return to their previous job, the employer may offer alternative suitable employment.

Types of Workplace Injuries and Workers’ Compensation Claims in New York

Back Injuries:

  • Common Causes: Lifting heavy objects, repetitive motions, falls.
  • Claim Types: Medical treatment, rehabilitation, disability benefits.

Strains and Sprains:

  • Common Causes: Overexertion, lifting, sudden movements.
  • Claim Types: Medical care, physical therapy, temporary disability.

Cuts and Lacerations:

  • Common Causes: Sharp tools, machinery accidents.
  • Claim Types: Emergency medical care, stitches, potential scarring benefits.

Fractures:

  • Common Causes: Falls, impact injuries, accidents.
  • Claim Types: Medical treatment, potential disability benefits.

Repetitive Strain Injuries:

  • Common Causes: Continuous movements, improper ergonomics.
  • Claim Types: Medical care, rehabilitation, temporary disability.

Head Injuries:

  • Common Causes: Falls, falling objects, collisions.
  • Claim Types: Medical treatment, potential disability benefits.

Burn Injuries:

  • Common Causes: Chemical exposure, electrical accidents.
  • Claim Types: Medical care, potential disability benefits.

Occupational Diseases:

  • Common Causes: Exposure to harmful substances over time.
  • Claim Types: Medical treatment, occupational therapy, disability benefits.

Eye Injuries:

  • Common Causes: Flying debris, exposure to harmful substances.
  • Claim Types: Medical care, optometry devices, potential disability benefits.

Joint Injuries (Knees, Shoulders):

  • Common Causes: Twisting, repetitive stress, falls.
  • Claim Types: Medical treatment, rehabilitation, potential disability benefits.

Respiratory Issues:

  • Common Causes: Exposure to toxic substances, poor air quality.
  • Claim Types: Medical treatment, physical therapy, disability benefits.

Hearing Loss:

  • Common Causes: Loud workplace environments.
  • Claim Types: Medical treatment, hearing aids, potential disability benefits.

Amputations:

  • Common Causes: Machinery accidents, severe injuries.
  • Claim Types: Emergency medical care, potential disability benefits.
Warehouse worker accident injury

Types of Compensation After a Workplace Injury in NYC

After a workplace injury in New York, you may be entitled to various types of compensation to support your recovery and financial well-being.

  • Medical Treatment
  • Temporary Disability Benefits
  • Permanent Disability Benefits
  • Lost Wages
  • Rehabilitation Services
  • Death Benefits
  • Disfigurement Benefits
  • Mileage Reimbursement
  • Prescription Medication Coverage
  • Pain and Suffering
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at 212-962-1020.
Free Consultation