Content reviewed by:
Alex Shulman
Workplace injuries are unfortunately very common in New York and across the country. To help workers recover after on-the-job injuries, most states have set up workers’ compensation systems. Workers’ compensation can provide benefits to cover lost wages and medical expenses of employees injured on the job without needing to prove fault. Talk to the New York workers’ compensation attorneys at Shulman & Hill to learn more in a free case evaluation.
New York law requires employers to provide workers’ compensation for most employees in the state. This type of insurance coverage is meant to compensate you for lost wages, health care costs, and more if you are hurt on the job. Unfortunately, insurers sometimes deny claims, move slowly, or pay out less than you’re eligible to receive. Talk to the New York City workers’ compensation attorneys at Shulman & Hill today in a free, no-obligation consultation to learn about your legal rights and options.
Do I Need a Lawyer to File a Workers’ Compensation Claim?
You can file a workers’ compensation claim without a lawyer. However, hiring a New York City workers’ compensation lawyer can make it easier for you to get through the claims process successfully. A lawyer can help protect your rights and navigate all the legal and bureaucratic technicalities. Here are some of the benefits of working with an attorney:
- Objective assessment of your legal case – Our attorneys have many years of experience helping New Yorkers secure workers’ compensation. We can review what happened in your case and give honest, informed feedback on your legal rights and options, including how much compensation you might be entitled to receive.
- Timely submission of paperwork – The workers’ compensation process has strict timelines. With an attorney by your side, you don’t have to worry about missing all-important deadlines. Our team can put together your paperwork and submit it on your behalf, ensuring minimal delay in getting your benefits.
- Help gather evidence and medical documentation – A workplace accident can cause serious injury, and the details of how these accidents happen can become complicated. The attorneys at Shulman & Hill can pull together all relevant evidence supporting your claim for full and fair compensation.
- Advocacy for a fair resolution – At all stages of your case, involved insurance companies or investigators may try to deny or reduce the true value of your claim. As your legal advocates, we will stand up for you and protect your legal rights.
- Representation in appeals – If your claim is denied, you have the right to appeal. Our attorneys can guide you through this complicated process. Among other things, we will explain how it differs from the initial claims procedure and fight for your best interests throughout your appeal.
The legal team at Shulman & Hill focuses on workers’ compensation and personal injury, standing by New Yorkers who have been hurt on the job or simply through acts of careless negligence. We have secured millions of dollars in compensation including a $136,000 recovery for a psychiatric therapy aide in Manhattan who fell while trying to restrain a combative patient, suffering multiple injuries.for our clients. Reach out today to learn how we can help.
How Much Does It Cost To Hire a New York City Workers’ Compensation Attorney?
At Shulman & Hill, we offer free case evaluations. In other words, it costs nothing to meet with us and have your case reviewed. If nothing else, doing so will give you some peace of mind simply by knowing your rights and options.
If you decide we are the right law firm for you, we will receive a fee consistent with New York state law. The New York workers’ compensation statute sets out a fee schedule for lawyers who represent clients in the claims and appeals process. In most cases, the law allows for a contingency fee of 15 percent.
At Shulman & Hill, we provide high-quality legal representation in cases involving, but not limited to:
- Welding accidents
- Construction accidents
- Forklift accidents
- Correction Officers
- Crane accidents
- Electrocution accidents
- Machinery accidents
- Scaffolding accidents
- First Responders
- Transit & Transportation
As a firm, we are committed not only to standing up for workers’ rights but also to fighting back against worksite safety violations. Whether you are working in a construction site, public sector, kitchen, office, or anywhere else, your health and well-being are always the top priority.
How to File for New York Workers’ Compensation Claim
Employers in New York must generally carry insurance to fund workers’ compensation claims. To file a claim for workers’ compensation, you have to complete at least two steps:
- Inform your employer – Tell your employer as soon as possible about the injury. You must do so within 30 days. It’s a good idea to make your report in writing and ask witnesses to the accident to record their account. This provides further evidence of the incident and injury.
- File a claim with the workers’ compensation board – You must submit your claim using Form C-3 (Employee Claim). If it is not your first time suffering an injury to the same body part or contracting the same illness at work, you also have to submit Form C-3.3 (Limited Release of Health Information).
Although you have 30 days to tell your employer and two years to file your claim with the New York State Workers’ Compensation Board, it is a good idea to consult with a workers’ compensation attorney as soon as possible. For one thing, it’s easier to recall what happened while any witness’ memories and your own are still fresh.
You should receive payment for lost wages if your injury lasts more than fourteen days.
Further, you should not pay for any care from a hospital or health care provider as long as you see a board-authorized provider. Most pharmacies can bill the workers’ compensation directly for medications. Reimbursement from the workers’ compensation carrier can be sought if you pay out of pocket for medications.
What If I Was Partly Responsible for My Workplace Accident?
Importantly, workers’ compensation is a no-fault system. Subject to a few exceptions, that means you can file a workers’ compensation claim even if your actions contributed to your accident or injury. Exceptions include instances when employees intentionally try to hurt themselves or others
How Much Is My New York City Workers’ Compensation Claim Worth?
It is difficult to predict the value of workers’ compensation claims based on comparison because the injuries and losses associated with each case tend to be unique. That said, our case results speak for themselves. We can give you an idea of how much your claim may be worth after evaluating your situation in your free consultation, taking into account things like:
- Current wage losses
- Future wage losses
- Current health care expenses
- Future health care expenses
- Disability payments
New York state workers’ compensation benefits cover two primary categories—health care expenses and lost wages. Health care benefits may cover things like:
- Medical care
- Dental care
- Optometric care
- Surgery
- Medications
- Assistive devices
You can also get benefits for lost wages if:
- You cannot work for fourteen or more, or
- You make less money because your hours were reduced or you do different work
Common Reasons NYC Workers’ Compensation Claims Are Denied
There are many reasons a workers’ compensation claim may be denied, including:
- Missing the deadline to inform your employer and file your claim with the workers’ compensation board
- Refusal to obtain medical treatment from an authorized provider
- Employer disputes the claim
Other than situations in which your claim is denied, there are many circumstances when it might be in your best interests to hire a New York workers’ compensation attorney. These include:
- You can’t make a full return to work
- Your employer denies your injury happened on the job
- Your employer is slow to file with the insurer
- You have a pre-existing condition or injury
- Your doctor recommends treatment not covered by workers’ compensation
- Your employer retaliates against you
- You are planning to file for Social Security Disability Insurance (SSDI) benefits
- You have a third-party claim against someone besides the employer who contributed to your injury
- Your workers’ compensation payments don’t cover all your medical expenses or lost wages
The attorneys at Shulman & Hill can help you navigate your situation, no matter how complex. Do not wait to take legal action.
Appealing a Decision From the New York Workers’ Compensation Board
If you disagree with a Workers’ Compensation Board decision, you have 30 days from the date of the decision to appeal. Administrative review is conducted by a three-member panel. After you submit your appeal, the opposing parties also have 30 days to respond.
The three-member panel will issue a “memorandum of decision.” If you disagree with this decision, you can request a review by the full board. You must file this request within 30 days. You can also appeal the panel decision or the full-board decision directly to the State of New York Supreme Court, Appellate Division Third Judicial Department.
Eligibility
Most full-time, part-time, casual, temporary, and unpaid workers are eligible for workers’ compensation in New York, and their employers usually must have coverage to protect them.
Are Remote Workers Eligible?
Yes, remote workers are eligible for workers’ compensation. The details of your case are important, as you might have to establish that your home or remote workspace is an alternative work site for your company. You might also have to establish that the injury happened while you were performing work tasks.
Are Domestic Workers Eligible?
Yes, domestic workers are eligible if they meet the criteria for the type of position and number of hours per week. Under New York law, domestic workers include the following people when they work in a household:
- Chauffeurs
- Home health aides or nurses
- Babysitters, nannies, or au pairs
- Maids or cooks
- Housekeepers or laundry workers
- Butlers
- Companions
- Gardeners
Employers are required to hold workers’ compensation insurance for domestic workers who work 40 or more hours a week at their household, including time spent sleeping and eating in the home and time spent running errands on behalf of household members.
Can You Recover Workers’ Comp if You Are Undocumented?
Yes, undocumented workers can get workers’ compensation in New York City, even if paid “off the books.” New York law grants them the same benefits as legal residents. Despite federal laws against hiring undocumented workers, the New York Court of Appeals ruled that immigration status doesn’t prevent recovering lost wages in injury cases (Balbuena v. IDR Realty, LLC). It is a violation of New York workers’ compensation law for an employer to not report wages paid to undocumented workers in order to pay less in premiums.
- Why Choose Shulman & Hill?
At Shulman & Hill, we proudly put our clients’ best interests first, providing them with the high-quality legal representation they deserve. Some of our notable case results include:
- $2,500,000 for a non-union laborer who suffered serious injuries on a construction site from an improperly secured stack of rebar. Our client required surgery for their injuries, which included lower back and left foot injuries.
- $1,500,000 for an undocumented day laborer who was hurt when the descent of a steel beam was not controlled. Our client had serious neck, back, and left shoulder injuries.
We have offices throughout New York City including our Manhattan headquarters, and our lawyers are recognized as some of the best in the industry. For example, founding partner Alex Shulman has been selected to the list of New York Super Lawyers each year since 2007, an honor only 5 percent of attorneys earn in each state. Alex has also been recognized by The National Trial Lawyers Association as a Top 40 Under 40 Trial Lawyer.
