New York Workers’ Compensation Lawyer

especially when you add in the costs of medical care and rehabilitation. Workers’ compensation benefits may be available to you if you’ve recently suffered injuries on the job in New York City — and a New York Workers’ Compensation Lawyer at The Platta Law Firm can help you navigate the stressful claims process and demand maximum benefits from the insurance company.

As award-winning New York trial attorneys with 150+ years of combined experience, we challenge insurance companies to do the right thing and pay our clients the life-changing monetary awards they deserve. We’ve won hundreds of millions of dollars for injured New Yorkers – including countless million- and multi-million-dollar recoveries. Now, our top-rated litigators are ready to fight for the benefits you deserve in the wake of a serious workplace injury, too. Call our New York City law office at (212) 514-5100 today to schedule your free consultation.

A Message to New York City Injured Workers from Slawek Platta

The Platta Law Firm Difference Behind Your Claim for Workers’ Compensation Benefits in NYC

With one opportunity to seek workers’ compensation benefits, it’s important to make the most of it. That’s why workers and families in New York turn to The Platta Law Firm. Our New York City personal injury lawyers are highly respected and successful litigators with an extraordinary track record of success. Our case results don’t just help clients recover compensation – they have literally shaped New York labor laws for the benefit of its dedicated workforce. Choosing The Platta Law Firm means:

• Benefiting from passionate, personal, and powerful legal representation during an incredibly stressful time in your life
• Working with a team of top-rated attorneys with a combined 150 years of experience litigating high-value, high-stakes personal injury cases
• Knowing you’ll pay nothing until we’ve helped you secure workers’ compensation benefits from your employer
• Having attorneys whom the American Institute of Personal Injury Attorneys, Lawyers of Distinction, and Expertise.com all recognize as leaders in civil litigation in your corner

We’ve achieved record-setting results, and Attorney and Practice Magazine ranks us among the Top 10 Workers’ Compensation Lawyers. Your employer and their insurance company won’t always act in your best interests. The Platta Law Firm will. We’ll take charge of your claim, go toe-to-toe with manipulative adjusters, and fight for the benefits you deserve.

Our New York workers’ compensation lawyers serve Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester County, Long Island, and greater New York City. If you’ve been hurt at work, call us today for a free case evaluation. We’re available 24/7.

Understanding New York’s Workers’ Compensation Insurance System

New York’s workers’ compensation system helps reduce the financial stress workers experience when they get hurt on the job. Rather than filing a personal injury lawsuit to recover compensation for medical bills and lost wages, qualifying workers can file a claim with their employer to recover workers’ compensation insurance benefits. In exchange for an accelerated path to benefits, qualifying workers waive the right to sue their employers for damages.

Who Qualifies for New York City Workers’ Compensation Benefits?

New York’s workers’ compensation system protects most employees, including:

• W2 workers
• Construction workers and day laborers
• Nurses and other healthcare professionals
• Subcontractors and part-time employees
• Temporary and seasonal workers
• Borrowed or leased employee
• Corrections officers
• Truck and taxicab drivers
• MTA workers
• Utility workers and linemen

Workers’ compensation benefits are available regardless of immigration status, as long as you satisfy the following requirements:

• You work for an employer that’s legally required to carry workers’ compensation insurance
• You’re not classified as an independent contractor, and
• You’ve suffered injuries or received a diagnosis of an occupational disease because of your employment.

Some employers might try to misclassify employees as contractors to avoid paying for workers’ compensation coverage. Don’t let your employer deprive you of important benefits you’re lawfully entitled to. If you suspect your employer denied you coverage for this reason, discuss your situation right away with an experienced workers’ compensation attorney near you in New York City.

What Types of Injuries Does New York Workers’ Compensation Cover?

New York workers’ compensation covers any qualifying employee hurt or made ill on the job. The Platta Law Firm helps workers fight for benefits after broken bones, back and neck trauma, joint damage, burns, electrocution, brain and nerve damage, amputations, chest trauma, and repetitive stress conditions like Carpal Tunnel Syndrome.

No matter how your condition developed — whether from a single accident or years of physical strain — you may be entitled to compensation. Our attorneys have helped workers across New York recover benefits for some of the most serious and complex workplace conditions.

What Types of Benefits Can I Recover Through Workers’ Compensation?

Workers’ compensation insurance benefits fall into three main categories: medical, wage replacement, and death.

Medical Benefits

Your employer’s workers’ compensation insurance covers your medical bills, as long as you see a plan-approved provider. This can limit your ability to choose your own doctor and specialists. However, your employment status doesn’t affect your coverage, so you can still receive benefits if you change jobs or get fired.

Wage Replacement Benefits

Many workers who get hurt on the job are unable to return to work right away, must work in a limited capacity, or must temporarily take a lower-paying position. Whether you experience a total loss of income or a reduction in your wages, workers’ compensation benefits can help alleviate some of that stress. New York offers different wage replacement benefits, depending on the change in your ability to work:

• Temporary Total Disability (TTD): You’re unable to return to work in any capacity for a limited period of time.
• Temporary Partial Disability (TPD): You can return to work in some capacity, but earn less than you did before you got hurt.
• Permanent Partial Disability (PPD): You’re diagnosed with a permanent impairment because of your work-related injury, which affects your income and/or your ability to work at the same capacity you did before you were injured.
• Permanent Total Disability (PTD): You can never return to gainful employment because of your work-related injury or illness.

Wage replacement benefits offset some, but not all, of the income you lose because of your workplace injury.

Death Benefits

When a qualifying employee is killed because of a work-related injury or illness in New York City, surviving family members may qualify to recover monetary benefits. Families can typically receive up to $12,500 for deaths that happen in New York City and $10,500 for deaths outside of the greater New York City metropolitan area.

How Are Workers’ Compensation Wage Replacement Benefits Calculated in NYC?

Workers’ compensation benefits don’t pay for all of your lost wages. Instead, you’re entitled to a percentage of your average weekly wage (AWW) for a limited period of time, subject to statutory caps. The first step is to calculate your Average Weekly Wage (AWW): Calculate your gross earnings for 52 weeks prior to the date of your injury, including wages, bonuses, and other compensation. Divide by 52, and that’s your AWW. Next, identify the type of wage replacement benefit for which you qualify.

• Temporary Total Disability and Permanent Total Disability benefits equal two-thirds of your average weekly wage. If your average weekly wage was $600, your weekly TTD benefit would be roughly $400.
• Temporary Partial Disability benefits equal two-thirds of the difference between your AWW and your current earnings. If your AWW was $600 and your weekly post-injury wages are $400, you’d be entitled to two-thirds of $200, or $133.40 a week in TPD benefits.
• Permanent Partial Disability benefits are calculated on a Scheduled Loss of Use, depending on the impairment rating your provider assigns for your work-related injury once you achieve Maximum Medical Improvement (MMI).

Wage benefits are subject to certain caps. In New York, the highest wage replacement benefit you can receive is actually two-thirds of the State Average Weekly Wage (SAWW), which adjusts each year. Under Workers’ Compensation Law § 2(16), the maximum SAWW for TTD and PTD benefits is currently $1,222.42.

How Long Will I Have to File a Claim for NY Workers’ Compensation Benefits After I get Hurt?

Missing these deadlines puts your benefits at risk. Don’t let a late notice or missed filing cost you the financial support you need to recover.

Fighting for Workers Who’ve Been Injured in All Types of New York City Workplace Accidents

At The Platta Law Firm, our New York City workers’ comp lawyers fight for injured workers in every industry. We handle construction and ladder accidents, truck and MTA bus crashes, subway accidents, and slip and fall claims. We also take on electrocution, toxic exposure, repetitive motion, and workplace violence cases.

Every injured worker deserves full benefits. Our lawyers know the system and anticipate the insurance company’s tactics. We fight hard to win maximum compensation for every client. We know what insurers do to minimize claims. Our New York workers’ comp attorneys stand ready to counter those strategies at every turn.

New York Workers’ Compensation FAQ

Workers’ compensation is a helpful but complicated system. As an injured worker, you need to understand your rights. You also need to know what to expect during the claims process. Our workers’ compensation attorneys in New York City are here to help. We answer your questions and make sure you have the information you need to get the full value of your workers’ compensation claim.

Can I Get Workers’ Comp Benefits if I’m Blamed for My Work-Related Injury?

Workers’ compensation is a no-fault system. That means you qualify for benefits even if you bear some or all responsibility for your injuries. In exchange, you waive the right to sue your employer for damages in a third-party lawsuit, even if they contributed to your workplace accident.

That said, shared responsibility can still affect related legal claims. New York’s modified comparative negligence doctrine applies to civil personal injury lawsuits. If you sue a third party — like a property owner, an equipment manufacturer, or a negligent motorist — your degree of fault can reduce your damages. That reduction applies proportionally up to 50 percent. Once your shared fault exceeds 50 percent, you lose the right to seek damages from another at-fault party.

What’s the New York Workers’ Compensation Claim Process?

New York’s workers’ compensation claims process involves notifying your employer, submitting a claim with the Workers’ Compensation Board, and negotiating your benefits with the insurance company.

Your First Steps After a Work Injury

After a work-related accident, it’s important to:

• Seek medical attention so a doctor can diagnose, treat, and document your injury
• Have your doctor complete Form C-4 within 48 hours of your visit
• Notify your employer within 30 days of your injury
• Submit Form C-3 to the Workers’ Compensation Board within 2 years of your injury

What Happens After You File

Your employer has 10 days to notify their insurance company of your injury. The insurer then has 14 days to send you a written Statement of Rights and notify you of any diagnostic tests needed to determine your benefits.

When Benefits Begin

If you’re unable to work for more than 7 days, wage replacement benefits should begin within 18 days of your injury. The insurer pays every two weeks for the duration of your disability. If your claim is denied or undervalued, you have the right to request a hearing to appeal.

How We Can Help

Our New York workers’ comp attorneys have decades of experience navigating the claims process. We’ll guide you through every step, help gather documentation, coordinate medical care, and fight to make sure the insurance company pays you in full.

What Is an Independent Medical Examination (IME)?

An IME is an exam a neutral doctor performs to assess your condition. Doctors use it to verify your injury, confirm it’s work-related, evaluate your treatment, and determine the extent of your disability. The IME also helps resolve disputes between you, your employer, and the insurer.

How Much Does It Cost to Hire a NY Workers’ Comp Attorney?

A common concern among injured workers is the cost of hiring legal representation. At The Platta Law Firm, you don’t pay anything upfront. We handle all workers’ compensation cases on a contingency fee basis, meaning your success determines our payment.

If we don’t win your case, you owe us nothing. If we do, our fee comes from a portion of your awarded compensation — never out of pocket. This structure ensures that your goals and ours are perfectly aligned: we only succeed when you do.

New York State Law also sets clear limits on the percentage attorneys may charge in workers’ compensation matters. You’ll always know what to expect, with no hidden fees or surprise costs. This approach lets injured workers access top-tier legal representation without worrying about financial strain.

When Should I Hire a New York Workers’ Compensation Lawyer?

The best time to hire a lawyer is immediately after your injury or diagnosis. Early representation helps you file correctly, avoid mistakes, and protect your rights from the start. Your attorney can:

• Guide you through complex paperwork
• Negotiate with insurance companies
• Represent you at hearings or appeals
• Identify potential third-party claims for additional compensation

The sooner you call The Platta Law Firm for help after you discover a work-related injury, the better. Contact our workers’ compensation lawyers in New York City, New York, today so that we can answer your questions and help you recover much-needed benefits during this difficult time in your life.

Can I Appeal a Denied Workers’ Comp Claim?

Yes. If a workers’ compensation law judge denies your claim, you have the right to file an appeal within 30 days of receiving the decision. Once you appeal, a three-member board panel from the New York Workers’ Compensation Board reviews your case. The panel can:

• Modify the prior decision and adjust your benefits
• Reverse the denial and order the insurer to pay benefits
• Send the case back for further hearings or evidence
• Uphold the judge’s denial of your claim

If you disagree with the panel’s decision, or if your employer’s insurance company appeals, you can take the case even further. Specifically, you may appeal to the full Workers’ Compensation Board or to the New York Supreme Court, Appellate Division, Third Department.

What Is a Workers’ Compensation Lien Reduction?

A lien is a legal right to reimbursement. In workers’ compensation, this happens when you receive benefits for your injury but also file a third-party personal injury lawsuit against another party (like a negligent contractor or product manufacturer).

When that happens, the workers’ compensation insurance carrier often places a lien against your recovery. This means they can claim part of your settlement to recover what they’ve already paid in benefits. At The Platta Law Firm, we make it a priority to negotiate lien reductions on behalf of our clients. As a result, reducing or eliminating a lien increases your personal recovery in the civil lawsuit.

What Are Some Common Mistakes That Can Jeopardize My Claim?

Even small missteps can delay or destroy your claim for benefits. Avoid these common mistakes that often lead to denials or reduced payouts:

• Failing to report your injury to your employer within 30 days
• Missing the two-year deadline to file your claim with the WCB
• Providing false or inconsistent information to your doctor, lawyer, or insurer
• Not disclosing pre-existing injuries that may affect your case

While you have a legal right to file for compensation, it’s your responsibility to prove your injuries and losses.

How Long Does It Take to Settle a Workers’ Compensation Case?

The timeline for settling a workers’ compensation case depends on the severity of your injury and how long recovery takes. If surgery is necessary, most cases resolve about a year after the final procedure. Less serious injuries may settle within six months, while cases involving ongoing medical care can take longer. Your work injury attorney will track your recovery. They will also assess the right timing, and negotiate a settlement that protects your long-term interests.

Can You Sue While Receiving Workers’ Compensation in NYC?

Under New York Workers’ Compensation Law, employees who accept workers’ compensation benefits generally cannot sue their employer. This trade-off protects workers by guaranteeing benefits, while shielding employers from direct lawsuits.

However, if a third party contributed to your injury, you may still have the right to file a separate personal injury lawsuit. This type of claim allows you to seek additional damages, including pain and suffering, which workers’ compensation does not cover. For example, you may be able to sue a:

• Subcontractor or vendor
• Property owner or site manager
• Product or equipment manufacturer
• Engineer or architect
• Negligent motorist (if injured in a crash while working)

Filing a lawsuit can significantly increase your total recovery. You typically have three years from the accident date to file a personal injury claim. If a loved one dies from a work-related injury a third party caused, you have two years to file a wrongful death lawsuit. Attorneys refer to these deadlines as the statute of limitations. Missing them will permanently bar you from recovering further compensation. Act quickly — timely legal action is essential.

Can I Lose My Job Because of a Disability?

No. Employers cannot legally terminate or discriminate against you due to a disability. Moreover, you may also have additional protections under the Americans with Disabilities Act and New York State laws. Many serious workplace injuries lead to three main types of compensation cases:

• Schedule Loss of Use: For injuries to joints or extremities like the shoulder, knee, ankle, or wrist.
• Loss of Wage Earning Capacity: For injuries to the back, neck, or head that reduce your ability to work.
• Section 32 Settlement: A one-time lump-sum payment that closes your case and releases the insurer from future liability.

Call The Platta Law Firm’s Experienced New York Workers’ Compensation Lawyer Today

An on-the-job injury can disrupt your income, your health, and your peace of mind. Workers’ compensation can help, but getting the full benefits you deserve often requires skilled legal help. At The Platta Law Firm, our attorneys have over 150 years of combined experience handling complex workplace injury claims. We’ve recovered hundreds of millions of dollars for injured workers across New York City and the surrounding areas.

From filing initial claims to appealing denials and negotiating lien reductions, we provide comprehensive legal support at every stage. We fight to maximize your recovery, so you can focus on healing and moving forward. Call (212) 514-5100 today for a free consultation with a trusted New York workers’ compensation lawyer. We’re ready to help you secure the benefits and financial relief you deserve.