Workers' Compensation
NYC Workers' Compensation Claims
Hurt at Work? Our New York Team Is Here to Help.
The average person will spend roughly one-third of their life at work, but what happens when your place of employment puts your safety at risk?
Every year, tens of thousands of New Yorkers submit workers’ compensation claims for injuries related to their job responsibilities. Some of these claims involve workplace accidents. Others revolve around injuries that workers develop over time as a direct result of their work duties. In either scenario, workers’ compensation benefits can play an important role in helping workers address the impact of their injuries.
Unfortunately, not all workers’ compensation claims play out as seamlessly as we might hope. It’s not unusual for claimants to encounter delays and disputes when moving through this system. This can easily become a major source of frustration for injured workers just trying to get their basic needs met.
At Gabriel Law, we understand how much is dependent on your workers’ compensation claim and we’re prepared to help you overcome many of the most common hurdles in these cases. Our New York City team supports clients in a wide range of workers’ comp-related claims and we’d be more than happy to take a look at your case.
If you suffered a work-related injury in New York City, our New York workers’ comp lawyers may be able to help you advocate for fair compensation under the law. Reach out today to speak to a member of our team.
On This Page
Your Guide to Workers' Compensation Claims
- What Is Workers’ Compensation?
- How to File a Workers’ Compensation Claim in New York
- What Benefits Are Available Through Workers' Compensation?
- Common Workplace Injuries We Handle
- Why Are Workers' Compensation Claims Denied?
- Can I Sue My Employer After a Workplace Injury?
- Do I Need a Lawyer for a Workers' Compensation Claim?
- Why Choose Gabriel Law?
- NYC Workers' Compensation Frequently Asked Questions
What Is Workers’ Compensation?
Workers' compensation is a type of insurance coverage that provides benefits to employees who suffer injuries on the job. In New York, most employers are required to carry workers’ compensation insurance, and injured employees have the right to file claims in the event that they become injured or fall ill as a direct result of performing their work duties.
Depending on the nature of your claim, your workers’ compensation benefits may cover certain healthcare costs, as well as a portion of your lost wages. If a workplace accident results in the death of an employee, workers’ compensation insurance may also cover things such as funeral expenses and weekly cash payments for the deceased person’s spouse, dependents or – in certain cases – surviving parents.
Crucially, workers’ compensation benefits are not dependent on determinations of fault. Even if you technically contributed to your own workplace accident, you may still be entitled to workers’ compensation benefits under New York law. The trade-off here, however, is that employees who receive workers’ compensation benefits are generally prohibited from suing their employers for damages.
The cost of living in New York City is incredibly high and an unexpected illness or injury can easily compromise a worker’s financial security. Workers’ compensation benefits are meant to protect employees and provide them with the resources they need to address the potentially devastating losses associated with workplace injuries.
How to File a Workers’ Compensation Claim in New York
If you suffered an injury or contracted an illness on the job, you may want to consider filing a workers’ compensation claim with the Workers’ Compensation Board. Before you file, however, you must notify your employer of your injury or illness.
For an accidental workplace injury, you generally have 30 days to give this notice. It’s typically best to inform your employer as soon as possible. If you miss this notification window, you may be unable to proceed with your claim.
After you notify your employer, the next step is for you to file an Employee Claim Form with the Workers’ Compensation Board. You can submit your form online or send it in by mail. You can also fill out and submit your form in person at your nearest Workers’ Compensation Board Office.
Important: New York law generally requires that you file a workers’ compensation claim within two years of the accident or, for an occupational disease, within two years of the onset of your disability or when you knew or should have known the disease was work-related (whichever is later). If you wait too long to file, you may lose the ability to leverage your workers’ compensation benefits, so it’s generally advisable to start a claim as soon as you’re able.
What Benefits Are Available Through Workers' Compensation?
A workplace injury can trigger a series of financial losses – some of which can be offset by workers’ compensation benefits. The benefits you may be eligible for will ultimately depend on the nature of your injury and any related losses. Generally speaking, these are some types of benefits which you may qualify:
Medical Care
Workers' compensation typically covers reasonable and necessary medical treatment for work-related injuries and/or illnesses. These health benefits may extend to things such as emergency room visits, hospital stays, prescription medication costs, diagnostic imaging and other healthcare-related expenses.
Lost Wage Benefits
If you are injured on the job, you may need to miss some shifts or scale back at work while you recover. If you miss more than seven days of work or experience a reduction in pay due to reduced hours or responsibilities, your workers’ compensation benefits may cover a portion of your lost wages. The exact amount of wage replacement available will depend on the specific facts of your case.
Permanent Disability Benefits
If your injury makes it permanently impossible for you to return to your previous work responsibilities, you may be eligible for disability benefits. These benefits are subject to statutory maximums and your payout will be impacted by the date on which you became disabled and your average weekly wage.
Death Benefits
If a worker dies because of a work-related injury or occupational illness, eligible surviving family members may receive death benefits. Eligible surviving spouses, minor children and other dependents may be entitled to weekly cash benefits equal to two-thirds of the deceased person’s average weekly wage (up to an established weekly maximum). These benefits may also provide up to $12,500 in funeral expenses.
Common Workplace Injuries We Handle
There are so many different industries represented in New York City, which means workplace injuries can take many different forms. Some of these injuries occur as a direct result of a traumatic accident, but others develop due to repetitive strain or regular exposure to certain substances.
The workers’ compensation lawyers at Gabriel Law are prepared to handle cases involving things such as:
- Neck and back injuries
- Spinal cord injuries and paralysis
- Traumatic amputations
- Electrical injuries such as shocks and burns
- Crush injuries
- Repetitive strain injuries
- Traumatic brain injuries
- Burns of varying degrees
- Occupational illnesses
- Respiratory conditions
- Skin irritations and infections
Whether you were injured in an isolated incident such as a fall or forklift accident or are dealing with the cumulative effects of performing repetitive physical labor, our team may be able to help you navigate the complexities of the workers’ compensation process.
Remember that you don’t have to prove that your employer was “at fault” for your injuries. You just have to show that your injury was clearly work-related. If you’re unsure whether your case meets these criteria, reach out to Gabriel Law for a free consultation.
Why Are Workers' Compensation Claims Denied?
Our team often gets involved in workers’ comp cases after an initial claim has been denied. We suggest that you contact our firm so we can file the initial claim properly. Denials are surprisingly common, but they don’t always mean the end of a claim. Insurance companies may deny workers’ compensation claims for various reasons, and some of them are fairly easy to resolve.
For example, your claim may be denied if you failed to properly complete all of your forms or didn’t include necessary medical documentation. You may also receive a denial if you waited too long to file your claim or to report an injury to your employer. Even seemingly minor clerical errors can have a major impact on your claim, so it can be helpful to have someone else review your paperwork prior to submitting it to the Board.
In other cases, claims are denied for more complex reasons such as disputes over the severity of an injury or the extent to which a pre-existing condition may have contributed to your symptoms. Your employer or their insurer may also attempt to claim that your injury didn’t take place at work and is therefore ineligible for benefits.
An experienced New York workers’ compensation attorney will understand the common reasons for denials and have the necessary tools to craft effective counterarguments. At Gabriel Law, we also know the important role evidence can play in these cases and we work with clients to compile the detailed documentation they need to support their claims.
If your initial claim was denied and you’ve been feeling discouraged, you may find comfort in the fact that a denial does not necessarily mean the end of your claim.
Can I Sue My Employer After a Workplace Injury?
It bears repeating that you generally cannot sue your employer for a work-related injury. Because most New York employers are required to maintain no-fault workers’ compensation insurance, injured employees usually must seek compensation within this system rather than via civil litigation. Exceptions may apply in limited circumstances, but you would need to consult with an attorney about your case in order to assess whether you have additional options available to you.
While you may not be able to sue your employer, you might have a way to take legal action against a third party. You must be able to show that they caused or contributed to your injury in some way. Consider the following example:
A delivery driver slips on a spill in a commercial kitchen while making a delivery. If that driver does not work as an employee of that restaurant, and can show that the property owner or manager knew or should have known about the spill and failed to take steps to address it, they may be able to pursue a claim.
If you think a third party may have contributed to your injuries, you’ll want to work with a legal team that can carefully review all the facts of your case. These situations can get complicated depending on the nature of your accident, so it’s wise to consult with a professional who understands how to properly investigate and argue these cases.
Do I Need a Lawyer for a Workers' Compensation Claim?
Very straightforward workers’ comp claims may result in favorable outcomes without requiring any legal support. If your claim was denied, delayed, or took some other kind of unexpected turn, you may want to get an attorney’s input.
Many parties are often involved when it comes to workers’ compensation claims. Employers, insurance companies, the Workers’ Compensation Board, third parties and medical professionals may all have a say in your case, but that doesn’t mean they’re specifically looking out for what’s in your best interest.
An experienced workers’ compensation attorney can advocate for your rights based on the facts of your case and overarching law. No matter where you are in the workers’ compensation claim process, it’s worthwhile to schedule a consultation.
Why Choose Gabriel Law?
We know that trying to choose the right legal team can be extremely overwhelming – particularly when your financial future is at stake. If you’re considering working with the Gabriel Law team, there are a few things we think you should know:
- We’re dedicated to providing you with individualized attention for the duration of your case.
- We pride ourselves on conducting thorough investigations of our clients’ claims.
- We have experience handling personal injury claims involving third parties in workers’ compensation cases.
- We have a track record that includes six- and even seven-figure recoveries for clients injured in traumatic accidents.
- We don’t charge upfront fees; any legal fee must be approved by the Workers’ Compensation Board and deducted from a monetary award.
A work-related injury has the potential to disrupt your livelihood. We know that even one missed paycheck can create significant financial strain for injured workers. That’s why our team diligently fights to help you regain your peace of mind.
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NYC Workers' Compensation Frequently Asked Questions
If you experience an accidental workplace injury, you generally need to notify your employer within 30 days of the accident. The notice rules apply differently to occupational diseases.
Locations
Our New York City Offices
We have offices throughout New York City, so there is always a Gabriel Law attorney close to you.
Long Island — Main Office
2 Lincoln Ave., Suite 400, Rockville Centre, NY 11570
In Rockville Centre, Nassau County — serving all of Long Island.
Manhattan
340 W 57th St #2L
New York, NY 10019
Brooklyn
2653 Coney Island Ave
Brooklyn, NY 11223
Queens
39-10 Main St #200
Queens, NY 11354
The Bronx
1136 Castle Hill Ave
Bronx, NY 10462
Can’t make it in? Phone and video consultations are available. When you’re ready to talk, we’re ready to listen.
Contact Us
Contact a New York Workers' Compensation Lawyer Today
If you were injured on the job, don’t let the complexities of the workers’ compensation system deter you from exercising your rights. The Gabriel Law team knows how these cases work and can help you advocate for the compensation you deserve under the law.
Whether you’re working to recover after receiving a denial, are trying to compile the necessary evidence to push back against an employer dispute, or think you may have grounds to pursue legal action against a third party, our team is standing by to help you weigh your options and find the right path forward.
Call Gabriel Law to plan consultation in one of our offices in Manhattan, Brooklyn, Queens, Long Island, or the Bronx to schedule a consultation with a member of our team.