New York Workers' Compensation Lawyer

In New York, workers' compensation is a system that has provided financial support and medical care to injured workers for over a century. Every year, thousands of workers' compensation claims are filed by employees who suffer job-related injuries or illnesses. This system is designed to ensure that injured workers receive coverage for medical treatment and partial wage replacement, regardless of fault. However, workers' compensation benefits are limited and do not provide compensation for pain and suffering or full lost wages. If your injury was caused by someone other than your employer or a coworker, you may have the right to pursue a personal injury claim against a third party. An experienced New York workers' compensation lawyer can help you understand your rights, secure your benefits, and explore other options for full compensation.

New York workers' compensation is a no-fault insurance system governed by New York Workers' Compensation Law (NYWCL) Articles 1-1. It provides benefits to employees who suffer work-related injuries or illnesses. This means you can receive benefits regardless of who was at fault for the incident. Most employers in New York are required by law to carry workers' compensation insurance under NYWCL § 50, which covers:

• Medical expenses (NYWCL § 13)
• Partial wage replacement (NYWCL § 15)
• Vocational rehabilitation (NYWCL § 15(3)(w))
• Death benefits for surviving family members (NYWCL § 16)

However, as part of the workers' compensation system, employees who suffer work-related injuries generally cannot file personal injury lawsuits against their employers. This is known as the "exclusive remedy" rule, established under NYWCL § 11. The only exception is if the injury was caused by the employer’s intentional conduct or if a third party, other than the employer or a coworker, is responsible for the injury.

To qualify for workers' compensation benefits in New York, you must be an employee who suffered a work-related injury or illness. You must report the injury to your employer within 30 days and file a claim with the New York Workers' Compensation Board within two years. Missing these deadlines can jeopardize your claim.

• Employee Status (NYWCL § 2(4)): You must be an employee of a company required to carry workers' compensation insurance. Independent contractors generally do not qualify, but some misclassified workers may still be eligible.
• Work-Related Injury or Illness (NYWCL § 2(7)): Your injury or illness must occur in the course of your job duties or because of your work environment. This includes sudden accidents like falls and long-term conditions like repetitive stress injuries.
• Timely Reporting (NYWCL § 18): You must notify your employer of your injury or illness within 30 days. Written notice is recommended for clear documentation and to protect your rights.
• Filing a Claim (NYWCL § 28): You must file Form C-3 with the Workers' Compensation Board within two years of the date of injury or the date you knew your illness was work-related. Missing this deadline may result in your claim being denied.

If you have questions about your eligibility for workers' compensation, or if your claim has been denied, consider consulting an experienced New York workers' compensation lawyer for guidance.

Workers' compensation in New York covers a wide range of injuries and illnesses that occur as a result of employment. Whether an injury is caused by a single accident or develops over time due to repetitive activities or exposure to harmful substances, workers' compensation can provide benefits, or example:

• Traumatic Injuries: These are injuries that occur suddenly due to a specific accident or event at work. Examples include fractures from a fall, burns from chemical exposure, lacerations from machinery, and traumatic brain injuries caused by falling objects. These injuries are typically easy to identify because they have a clear cause and occur at a specific time. For example, in Matter of Pressimone v. New York City Housing Authority, 2025 NY Slip Op 06412, the claimant suffered a traumatic injury to his shoulder after slipping and falling from a ladder while working. The Workers' Compensation Law Judge awarded a 20% schedule loss of use (SLU) of the claimant's left arm based on the employer’s medical expert’s assessment.
• Repetitive Stress Injuries (RSIs): These injuries develop gradually over time due to repetitive movements or activities. Common examples include carpal tunnel syndrome from typing, tendinitis from frequent lifting, and back strain from repetitive bending or twisting. Even though these injuries do not result from a single incident, they are still compensable under workers' compensation if they are work-related.
• Occupational Diseases: These are illnesses caused by exposure to hazardous substances or unhealthy conditions at work. Examples include mesothelioma caused by asbestos exposure, respiratory illnesses caused by inhaling toxic fumes, and skin conditions caused by contact with harmful chemicals. New York Workers' Compensation Law § 3(2) specifically lists a variety of occupational diseases recognized under the law. For example, the claimant in Matter of Goss v. WTC Volunteer, 2025 NY Slip Op 01413, sought workers' compensation benefits for sarcoidosis, a condition she claimed was caused by exposure to toxins at the World Trade Center (WTC) site while providing crisis response services to first responders involved in the rescue, recovery, and cleanup operation
• Hearing Loss: Workers who suffer hearing loss due to prolonged exposure to loud noises in the workplace are eligible for workers' compensation benefits. This is common in industries such as construction, manufacturing, and aviation. The degree of hearing loss is typically determined by medical evaluation, and compensation is awarded based on the severity of the impairment.
• Psychological or Emotional Injuries: Workers may also receive compensation for psychological or emotional injuries caused by their job. This can include post-traumatic stress disorder (PTSD) following a traumatic incident, anxiety caused by a hostile work environment, or depression resulting from a severe physical injury. However, these claims are often more difficult to prove and typically require strong medical evidence linking the condition to work.

If you have suffered any of these types of injuries at work, or if you believe your medical condition may be work-related, contacting an experienced New York workers' compensation lawyer can help you understand your rights, file your claim, and secure the benefits you deserve.

Workers' compensation benefits in New York provide financial support and medical care to employees who suffer work-related injuries or illnesses. If you are injured on the job, you may be entitled to benefits that cover your medical treatment, replace a portion of your lost wages, and offer other support. These benefits include:

• Medical Benefits (NYWCL § 13): Medical benefits cover all necessary medical treatment related to your work-related injury or illness. This includes doctor visits, hospital stays, surgeries, prescription medications, and physical therapy. Treatment must be obtained from healthcare providers authorized by the New York Workers' Compensation Board.
• Wage Replacement Benefits (NYWCL § 15): These benefits provide weekly cash payments to replace a portion of lost wages if your injury or illness prevents you from working. The benefit amount is typically two-thirds of your average weekly wage (AWW), subject to maximum and minimum limits set by law. The amount and duration of benefits depend on your level of disability, such as temporary total, temporary partial, permanent partial, or permanent total.
• Vocational Rehabilitation (NYWCL § 15(3)(w)): If you cannot return to your previous job due to your work-related injury, vocational rehabilitation services are available. These services may include job training, counseling, and job placement to help you develop new skills or secure employment that matches your physical abilities.
• Death Benefits (NYWCL § 16): If a worker dies from a work-related injury or illness, eligible family members may receive death benefits. These benefits include weekly cash payments to dependents, such as a surviving spouse or children. Additionally, the deceased worker’s estate may be entitled to reimbursement for funeral and burial expenses, subject to a statutory maximum.

If you have questions about your eligibility for any of these benefits or need assistance with a workers' compensation claim, consider speaking with an experienced New York workers' compensation lawyer.

Wage replacement benefits in New York are determined by the classification of your disability, as outlined in New York Workers' Compensation Law (NYWCL) § 15. These classifications determine both the amount you receive and the duration of your benefits.

• Temporary Total Disability (TTD) (NYWCL § 15(2)): If your injury prevents you from performing any work, you are considered temporarily totally disabled. You are entitled to two-thirds of your average weekly wage (AWW), subject to a maximum limit set annually by the New York Workers' Compensation Board. For example, if your AWW is $900, and the statutory maximum is $1,145.43, your benefit would be two-thirds of $900, which is $600.
• Temporary Partial Disability (TPD) (NYWCL § 15(5)): If you are able to work but at reduced hours or wages due to your injury, you are classified as temporarily partially disabled. Your benefit is two-thirds of the difference between your pre-injury AWW and your post-injury earning capacity. For instance, if your AWW was $800, but your post-injury earning capacity is $400, your benefit would be two-thirds of the $400 difference, equaling $266.67.
• Permanent Partial Disability (PPD) (NYWCL § 15(3)): If you have a permanent impairment but can still work, your benefits depend on the nature of the disability:
  • Schedule Loss of Use (SLU) (NYWCL § 15(3)(a)-(u)): For injuries to specific body parts (such as arms, legs, hands, or vision), you receive a percentage of benefits based on the loss of use, determined by medical evaluation. For example, a 50% loss of use of an arm may entitle you to 156 weeks of benefits at two-thirds of your AWW.
  • Non-Schedule Awards: For permanent impairments not covered by the SLU schedule, such as back or neck injuries, benefits are calculated based on the percentage loss of earning capacity, determined by the Workers' Compensation Board.
• Permanent Total Disability (PTD) (NYWCL § 15(1)): If your injury is so severe that it prevents you from performing any gainful work for the rest of your life, you are considered permanently totally disabled. In this case, you are entitled to lifetime benefits at two-thirds of your AWW, subject to the statutory maximum.

In Matter of Johnson v. City of New York, 2022 NY Slip Op 02579, the Court of Appeals addressed whether a claimant’s schedule loss of use (SLU) award under Workers' Compensation Law § 15 must be reduced by a prior SLU award to a different part of the same body member. The claimant, a patient care technician, suffered knee injuries in 2006 and later hip injuries in 2009, both affecting his legs. The Workers' Compensation Board reduced his SLU award for his knee injuries by the percentage already awarded for his hip injuries, but the Court ruled that separate SLU awards are permitted for different injuries to the same body part, provided the second injury independently causes an increased loss of use. This decision clarified how SLU awards should be calculated under WCL § 15(3) and § 15(7) for multiple injuries affecting the same body member.

Workers' compensation benefits are generally limited to medical expenses and partial wage replacement. They do not include compensation for pain and suffering, full lost wages, or other damages that may be available in a personal injury lawsuit. Depending on the circumstances of your case, you may be able to pursue a personal injury claim against a third party, such as a negligent property owner, driver, or manufacturer of defective equipment. Discussing your situation with an experienced New York workers' compensation lawyer can help you determine the best way to maximize your compensation.

1. Report Your Injury: Notify your employer within 30 days.
2. Seek Medical Treatment: Use an authorized medical provider and inform them that the injury is work-related.
3. File Your Claim: Submit Form C-3 to the New York Workers' Compensation Board within two years.
4. Respond to Insurance Company Requests: Provide necessary information to the insurer.
5. Attend Independent Medical Exams (IMEs): Cooperate with the insurance carrier’s medical evaluations.
6. Resolve Disputes: Attend hearings if your claim is denied or contested.
7. Receive Benefits: If your claim is approved, you will receive medical and wage replacement benefits.

Note that a claim must be supported not only by evidence of an injury, but evidence that the injury was work-related. In Matter of Richman v. New York State Workers' Compensation Board, 2021 NY Slip Op 06412, the claimant, a claims examiner, sought workers' compensation benefits for a shoulder injury she allegedly sustained in a fall at work. However, the Workers' Compensation Board denied her claim, finding that she failed to provide sufficient, credible medical evidence linking her injury to her employment. The Appellate Division upheld the Board's decision, emphasizing that workers' compensation claims require reliable medical evidence to establish a causal relationship between the injury and the job.

Generally, injured workers in New York must go through the workers' compensation system to recover benefits for work-related injuries or illnesses. Under New York Workers' Compensation Law (NYWCL) § 11, workers' compensation is typically the exclusive remedy for job-related injuries, which means that an injured worker cannot sue their employer or a coworker for personal injury, even if their negligence caused the injury. Instead, the worker is entitled to benefits such as medical coverage, partial wage replacement, and vocational rehabilitation.

However, there are situations where an injured worker may be able to pursue a third-party claim, which can provide additional compensation beyond what workers' compensation offers. A third-party claim is a personal injury lawsuit filed against someone other than the employer or a coworker who caused or contributed to the worker’s injury. Common examples of third-party claims include:

• Motor Vehicle Accidents: If an injured worker is hurt in a car accident while driving for work, they may have the right to file a personal injury lawsuit against the at-fault driver. For example, a delivery driver struck by another vehicle due to the other driver's negligence may pursue a claim against that driver.
• Premises Liability Claims: If an injured worker is hurt on someone else’s property while performing job duties, they may have a claim against the property owner. For instance, a worker making a delivery who slips and falls on a wet floor in an improperly maintained building may be able to file a lawsuit against the property owner.
• Product Liability Claims: If an injured worker is harmed by defective equipment while working, they may be able to pursue a product liability claim against the manufacturer. For example, if a worker is injured by a power tool that malfunctions due to a design defect, they may have a claim against the manufacturer.
• Construction Accidents: If a construction worker is injured due to the negligence of a general contractor, subcontractor, or property owner, they may have a third-party claim. For example, under New York Labor Law §§ 240 and 241, a worker who is injured in a fall from a scaffold or is struck by falling debris may be able to sue the property owner or general contractor.

Pursuing a third-party claim can significantly increase an injured worker's financial recovery because it allows them to seek damages that are not available under workers' compensation, such as:

• Pain and suffering
• Full lost wages, including future earning capacity
• Loss of enjoyment of life
• Emotional distress
• Punitive damages in cases of gross negligence

However, pursuing a third-party claim requires careful legal analysis to ensure that the injured worker’s rights are protected. The interaction between workers' compensation benefits and third-party claims must be carefully managed. For example, the workers' compensation insurance carrier may have a lien on any recovery obtained from a third-party lawsuit, which means they may be entitled to reimbursement for benefits they paid.

Injured workers who believe they may have a third-party claim in addition to their workers' compensation benefits should consider consulting an experienced workers’ compensation attorney serving New York. Legal guidance can help them understand their options and maximize their financial recovery.

If you have been injured at work in New York, you do not need to handle the process alone. While workers' compensation may provide limited benefits, you could be entitled to significantly greater compensation through a personal injury lawsuit against a third party. Our firm is dedicated to thoroughly evaluating your case, identifying all potential sources of compensation, and pursuing personal injury claims against negligent parties. Our experienced workers’ compensation attorneys in New York can also guide you through the workers' compensation process, protect your rights, and ensure you understand your options. Contact Stephen Bilkis & Associates today at 800.696.9529 to schedule a free consultation. We are available to help victims throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.