New York Workers’ Compensation Lawyer

Our firm is recognized among the top workplace injury and compensation law firms in the city. With over 150 years of combined experience, our award-winning trial attorneys have built a reputation for winning tough cases and holding employers and insurance companies accountable. Since our founding, we’ve recovered hundreds of millions of dollars in settlements and verdicts.

Don’t settle for less than your case is worth. Call our New York City office today at (212) 514-5100 or contact us online to schedule a FREE consultation.

Why You Need a Workers’ Compensation Attorney in NYC

New York’s workers’ compensation system is designed to be no-fault — meaning you should receive benefits regardless of who caused the accident. But in reality, many claims are delayed, denied, or underpaid. Insurance companies focus on minimizing payouts, not protecting your recovery.

Without strong legal representation, you could lose out on crucial benefits. A knowledgeable NYC workplace injury lawyer can protect your rights, ensure your claim is handled properly, and pursue the maximum compensation available under state law.

When you hire The Platta Law Firm, you get a dedicated team that knows how to handle insurance adjusters, medical disputes, and appeals. We gather evidence, build your case, and handle every step of the process while you focus on healing.

A Word of Advice from Our Attorney

How The Platta Law Firm Can Help You

Even when you’re clearly eligible for benefits, getting the money you deserve isn’t always easy. The process can be confusing and stressful, especially while you’re trying to recover from an injury. Our legal team levels the playing field. Insurance companies deal with these cases every day, but we do too, and we know their tactics. We make sure you’re treated fairly and fight aggressively when your claim is delayed or denied. Here’s what sets The Platta Law Firm apart:

• Proven experience: Our attorneys have over 150 years of combined experience handling workplace injury and personal injury cases.
• Strong track record: We’ve recovered hundreds of millions in settlements, verdicts, and benefits for injured workers.
• Client-focused representation: We’re known for clear communication, honesty, and effective advocacy.
• You pay nothing unless we recover benefits or compensation for you.

From your first consultation to the final resolution of your case, we handle the paperwork, deadlines, and negotiations. You can count on us to protect your rights and secure the benefits you need to move forward.

Understanding New York’s Workers’ Compensation

A job-related injury or illness can upend your life, leaving you unable to work and facing mounting medical bills. New York’s workers’ compensation system exists to provide financial protection when that happens.

This no-fault insurance program allows injured employees to receive benefits without needing to prove employer negligence. In exchange, workers typically give up the right to file a civil lawsuit against their employer for a workplace injury. Workers’ compensation benefits in New York may include:

• Payment for necessary medical treatment and rehabilitation
• Partial wage replacement during recovery
• Disability benefits if you can’t return to work
• Death benefits for surviving family members in fatal cases

Understanding your eligibility and rights under this system is essential, and that’s where an experienced attorney can help. We’ll explain the process, file your claim correctly, and appeal any unfair denials.

Which Employers Must Carry Coverage?

Under New York Workers’ Comp Law, Sections 2 and 3, nearly all employers are legally required to carry workers’ compensation insurance. This includes most businesses with employees, whether full-time, part-time, or seasonal.

Employers must also display their insurance information in a clearly visible location within the workplace. If you’re unsure whether your employer has coverage, our legal team can investigate and confirm your eligibility.

Who Qualifies for Benefits?

To recover benefits, you must meet the following basic requirements:

• You are an employee — full-time, part-time, temporary, or seasonal.
• Your injury or illness occurred while performing job-related duties.

Generally, independent contractors and self-employed workers are not covered, though exceptions exist. It’s also important to know that unpaid workers, including volunteers and family members, may still qualify for benefits in certain situations.

Types of Workers’ Compensation Benefits Available

If you’ve been hurt on the job in New York City, you may be entitled to several types of benefits through the state’s workers’ compensation system. These benefits are designed to cover medical expenses, lost wages, and financial support for families after a workplace injury or illness.

There are five main categories of benefits available to injured workers, plus the potential for additional compensation through third-party claims.

1. Medical Benefits

All reasonable and necessary medical care related to your work injury is covered, even if you’re no longer employed by the same company. Covered expenses include hospital stays, surgeries, medications, medical devices, rehabilitation, and other treatment costs.

2. Lost Wage Benefits

If your injury keeps you out of work for more than seven days, you can recover cash benefits to replace a portion of your lost income. The amount is generally two-thirds of your average weekly wage before the injury, multiplied by your degree of disability as determined by medical evidence.

3. Reduced Earnings Benefits

If you’re able to return to work but can only perform a lower-paying job because of your injury, you may qualify for reduced earnings benefits. These payments equal two-thirds of the difference between your previous average weekly wage and your current earnings.

4. Death Benefits

When a worker tragically dies as a result of a job-related injury or illness, surviving dependents may be entitled to death benefits. These benefits can include:

• Lost income support
• Payments for surviving spouses and dependent children
• Lifetime benefits for blind or disabled dependents

5. Funeral and Burial Expenses

The family of a worker who dies from a work-related cause can recover funeral and burial expenses. The maximum allowance is $12,500 within the New York City metro area and $10,500 for deaths outside the city.

Additional Recovery Options: Third-Party Claims

Workers’ compensation only covers economic damages such as medical bills and lost wages. It does not include compensation for pain and suffering. However, if someone other than your employer contributed to your injury, such as a negligent contractor, equipment manufacturer, or property owner, you may have grounds for a third-party personal injury lawsuit.

How Workers’ Compensation Benefits Are Calculated in New York

While the amount of compensation varies by case, New York uses a structured formula to determine how much you receive.

Step 1: Determine Your Average Weekly Wage (AWW)

Your AWW is based on your gross earnings for the 52 weeks before your accident. It includes wages, overtime, bonuses, and other regular compensation. Add up your total earnings and divide by 52 to calculate your AWW.

Step 2: Apply the Compensation Rate

The standard rate for lost wages is two-thirds of your AWW, multiplied by your level of disability. However, the state sets annual maximums and minimums.

Step 3: Determine Benefit Duration

The length of time you can receive benefits depends on the type and severity of your injury. The state’s medical guidelines assign specific durations for various levels of disability.

Step 4: Permanent Disabilities

• Permanent Partial Disability (PPD): If your injury leaves you partially but permanently impaired, you’ll receive benefits for a specific number of weeks based on your medical classification.
• Permanent Total Disability (PTD): If you can never return to gainful employment, you may be entitled to two-thirds of your AWW for life.

Step 5: Cost of Living Adjustments (COLA)

Some long-term recipients may qualify for COLA increases to offset inflation and maintain the value of their benefits over time. Because every claim is unique, it’s best to consult an experienced NYC workers’ compensation attorney to ensure your benefits are calculated correctly and reflect your true earning capacity.

Advocating for Injured Workers Across New York City

At The Platta Law Firm, we’re dedicated to helping injured workers secure the full benefits they’re entitled to under New York law. Our firm proudly represents employees across high-risk fields, including construction, manufacturing, healthcare, logistics, and transportation, as well as electrical lineworkers, warehouse staff, and other essential workers.

We also assist public servants such as correctional officers, firefighters, and sanitation workers who may not qualify for standard workers’ compensation but can pursue special benefits like Section 207-C or separate injury claims against the city or state.

No matter your occupation, if you’ve been injured on the job, you deserve skilled legal support. The Platta Law Firm serves clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and the greater New York metro area.

What To Do After a Workplace Accident in New York City

Taking the right steps after a workplace injury can make the difference between receiving full benefits and having your claim denied. Start by documenting the scene—take photos or video of equipment, spills, or unsafe conditions, and record details like when and how the incident happened. If there were witnesses, ask them for written or recorded statements.

Get medical care immediately, even for minor injuries. Your doctor must submit Form C-4 to the New York State Workers’ Compensation Board (WCB) within 48 hours to establish your medical record and treatment coverage.

Before speaking with your employer’s insurer, consult an experienced NYC workers’ compensation lawyer to protect your rights and strengthen your claim, especially if your employer disputes it.

You must notify your employer in writing within 30 days of the accident and keep a copy. The employer then has 10 days to report the injury to its insurer and the WCB, which will send you a Written Notice of Rights within 14 days. To officially begin your claim, file Form C-3 (Employee Claim Form) with the WCB within two years of the accident or discovery of your illness.

Common Mistakes That Can Jeopardize Your 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.

When Will You Start Receiving Payments?

If you’re unable to work for more than seven days, wage replacement payments should begin shortly after your claim is approved. These checks are typically issued every two weeks and continue until you reach Maximum Medical Improvement, return to your previous job, or your approved recovery period ends. In some cases, including certain COVID-19–related claims, additional coverage may be available, particularly for government or municipal employees.

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 required, 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 (sometimes more than a year). Your attorney will track your recovery, assess the right timing, and negotiate a settlement that protects your long-term interests.

Can You Sue While Receiving Workers’ Compensation?

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. 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, or two years to file a wrongful death lawsuit if a loved one dies from a work-related injury caused by a third party. Missing these deadlines (known as the statute of limitations) will permanently bar you from recovering further compensation — making timely legal action essential.

Can I Recover Workers’ Compensation Benefits If I’m Responsible for My Injuries?

Yes. New York’s workers’ compensation system is no-fault, meaning you can receive benefits even if your own actions contributed to the accident. The only exceptions are when an injury results solely from intoxication or intentional harm to yourself or others.

A workers’ compensation claim isn’t a lawsuit against your employer, it’s an insurance process that provides medical coverage, wage replacement, and death benefits for job-related injuries or illnesses. This system helps employees recover without proving negligence while shielding employers from litigation.

Do I Have to Get Hurt at Work to Qualify for Benefits?

You don’t have to be physically at your workplace to qualify. Benefits apply to injuries that happen while performing job-related duties, whether on-site or elsewhere. For example, if you’re injured at a construction site, during a delivery, or while traveling for work, you may still qualify.

If your employer carries workers’ compensation insurance, you’re likely covered. The Platta Law Firm can review your case and determine whether your injury or illness meets the state’s requirements.

Can I Lose My Job Because of a Disability?

No. Employers cannot legally terminate or discriminate against you due to a disability. 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.

What Is an Independent Medical Examination (IME)?

An IME is an exam performed by a neutral doctor to assess your condition. It’s used 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.

When Should I Hire a 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

How Much Does It Cost to Hire a NYC Workers’ Compensation 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 our payment depends entirely on your success.

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, and there are no hidden fees or surprise costs. This approach allows injured workers to access top-tier legal representation without worrying about financial strain.

Can I Appeal a Denied Workers’ Compensation Claim?

Yes. If your claim is denied by a workers’ compensation law judge, 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 benefits to be paid
• 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. 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, meaning 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. Reducing or eliminating a lien increases your personal recovery in the civil lawsuit.

Workers’ Compensation FAQ

How Long Does It Take to Receive Benefits?

Once approved, payments typically begin within a few weeks of filing your claim.

Can I Still Get Benefits if I Was Partly at Fault?

Yes. Workers’ Compensation is a no-fault system, except in cases of intoxication or intentional self-harm.

What if My Employer Misclassifies Me?

You may still be eligible for benefits. An attorney can help verify your employment status and protect your rights.

Can I Sue a Third Party for My Injuries?

Yes. If another person or company contributed to your accident, you may file a personal injury lawsuit in addition to your claim.

Do I Need a Lawyer?

Having an attorney increases your chances of full recovery and ensures your case is handled correctly from start to finish.

What Benefits Are Available?

Medical treatment, wage replacement, reduced earning benefits, death and funeral expenses, and potential third-party compensation.

Call Our Experienced Workers’ Compensation Lawyers Today

An on-the-job injury can disrupt your income, your health, and your peace of mind. Workers’ Compensation is designed to 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 surrounding areas.

From filing initial claims to appealing denials and negotiating lien reductions, we provide comprehensive legal support at every stage of your case. 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 City workers’ compensation attorney. We’re ready to help you secure the benefits and financial relief you deserve.

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