Content reviewed by:
Alex Shulman
If you were hurt while working in Peekskill, understanding your rights under New York workers’ compensation law is an important step toward protecting your recovery.
At Shulman & Hill, our Peekskill workers’ compensation lawyers represent injured workers across New York. Our firm brings more than 200 years of combined legal experience helping workers secure the medical care and wage benefits available through the workers’ compensation system.
If you need assistance, contact us today to set up a free consultation with one of our Peekskill personal injury lawyers.
Why Hire Our Peekskill Workers’ Compensation Attorneys
After a workplace injury, the workers’ compensation system can quickly become complicated. Insurance carriers often review claims closely and may question whether your injury is work-related, how severe it is, or how wage benefits should be calculated.
At Shulman & Hill, we represent injured workers by addressing these issues directly. Our attorneys review the circumstances of the accident, evaluate the medical documentation supporting your claim, and ensure that the filings required by the New York Workers’ Compensation Board are completed properly and on time.
If the insurance carrier challenges the claim, we prepare the evidence necessary to present the case before a Workers’ Compensation Law Judge. Our goal is to protect your access to medical care and ensure that the wage benefits provided under New York workers’ compensation law are calculated and paid correctly while you focus on your recovery.
Benefits Available Under New York Workers’ Comp Law
New York workers’ compensation law provides medical care and wage replacement when an employee is injured while performing job duties. These benefits are intended to ensure that injured workers receive treatment and financial support while they are unable to work.
Depending on the circumstances of your case, benefits may include payment for medical treatment with authorized providers, partial wage replacement during periods of disability, and compensation for permanent injuries that affect specific parts of the body.
Workers who suffer long-term impairments may also qualify for additional awards once they reach maximum medical improvement. When a fatal workplace accident occurs, surviving family members may be eligible for death benefits under New York law.
How to File a Workers’ Comp Claim
Workers’ compensation claims in New York follow a strict process overseen by the New York State Workers’ Compensation Board. Taking the proper steps early can help prevent delays and reduce the risk of disputes with the insurance carrier.
- Notify your employer about the injury: A workplace injury should be reported to your employer as soon as possible. Timely notice allows the incident to be documented and helps establish that the injury occurred during the course of your employment.
- Seek treatment from a Board–authorized medical provider: In most cases, workers’ compensation treatment must come from a physician authorized by the Workers’ Compensation Board. The doctor’s records play a central role in linking the injury to your job duties and describing your work restrictions.
- File a claim with the Workers’ Compensation Board: Injured workers typically submit an Employee Claim form (Form C-3) to formally request benefits. This filing opens the case with the Board and allows the insurance carrier to review the injury and supporting medical documentation.
- Insurance carrier review of the claim: After the claim is filed, the employer’s insurance carrier may accept the claim and begin paying benefits or dispute certain aspects of it, such as the cause of the injury or the level of disability.
- Hearings before the Workers’ Compensation Board if disputes arise: When the insurer challenges the claim or questions medical treatment, the case may be scheduled for a hearing before a Workers’ Compensation Law Judge. At that stage, medical reports and other evidence are reviewed to determine the benefits available under New York law.
Throughout this process, our Peekskill workers’ comp attorneys assist you by ensuring that your filings are completed properly, medical documentation is organized, and disputes with the insurance carrier are addressed before the Workers’ Compensation Board.
Deadlines, Notice Rules, and Reporting Requirements
New York workers’ compensation law requires injured employees to follow certain reporting and filing deadlines.
In most situations, a worker must notify their employer within 30 days of the accident. A formal claim must also be filed with the Workers’ Compensation Board within two years of the injury or disablement.
Occupational disease claims may involve different timing rules because symptoms can develop gradually. In those cases, the timeline may depend on when the worker knew or reasonably should have known that the condition was related to their employment.
Because these deadlines can affect your ability to receive benefits, reviewing your case early helps ensure that required filings are made on time.
Hearings, Appeals, and Denials
When an insurance carrier disputes a workers’ compensation claim, the matter may proceed to a hearing before a Workers’ Compensation Law Judge at the Board’s district office serving Westchester County.
During these hearings, the judge reviews medical reports, witness statements, and other evidence relevant to the injury. The issues under consideration often include whether the accident occurred at work, the level of disability, or whether certain medical treatments should be authorized.
If the judge issues a decision that either party believes is incorrect, the ruling may be reviewed through the Board’s appeal process. Our attorneys evaluate the record and advise workers on whether further review may improve the outcome of the case.
Third-Party Claims After a Job Injury
Workers’ compensation benefits generally prevent an employee from filing a lawsuit against their employer for a workplace injury. However, another party may share responsibility for the accident in certain situations.
For example, a property owner who failed to maintain safe conditions, a subcontractor working at the site, or the manufacturer of defective equipment may be legally responsible for the injury.
When a third party contributed to the accident, a separate personal injury claim may be available. These cases can allow recovery for damages that workers’ compensation does not cover, including pain and suffering.
Talk With a Peekskill Workers’ Compensation Lawyer
Our attorneys at Shulman & Hill regularly represent injured employees throughout Peekskill and the surrounding Hudson Valley. We work directly with workers to evaluate their claims, address disputes with insurance carriers, and guide them through the procedures required by the New York Workers’ Compensation Board.
If you have questions about a workplace injury or the status of a workers’ compensation claim, our team is available to review your situation and discuss the legal options available to you.
Contact us today to arrange a free consultation with a workers’ compensation lawyer in Peekskill.