New York Workers’ Compensation Lawyer

If you’ve recently suffered injuries while working in New York City, New York, you may qualify for benefits through your employer’s workers’ compensation insurance policy. The NYC workers’ compensation lawyers 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.

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 recognized as leaders in civil litigation by the American Institute of Personal Injury Attorneys, Lawyers of Distinction, and Expertise.com in your corner

We’ve achieved record-setting results for our clients and are recognized as Top 10 Workers’ Compensation Lawyers by Attorney and Practice Magazine. You can’t count on your employer or their insurance company to do what’s in your best interests after you get hurt on the job. You can, however, count on The Platta Law Firm. We’ll take charge of your claim for benefits, go toe-to-toe with manipulative adjusters, and fight to get you the kind of benefits you deserve.

Our New York workers’ compensation lawyers advocate for clients in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester County, Long Island, and the greater New York City area. If you’ve been hurt at work, don’t hesitate to call us to discuss your workers’ compensation case. We offer a free case evaluation and are available to take your call 24 hours a day, 7 days a week.

Understanding New York’s Workers’ Compensation Insurance System

New York’s workers’ compensation system helps to reduce the financial stress workers experience when they get hurt on the job. Instead of having to file 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 Workers’ Compensation Benefits in New York City?

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

• W2 workers
• Construction workers
• Day laborers
• Nurses and other healthcare professionals
• Subcontractors
• Unpaid volunteers
• Part-time employees
• Seasonal workers
• Corporate workers
• Temporary workers
• Borrowed or leased employee
• Corrections officers
• Truck drivers
• Taxicab drivers
• MTA workers
• Utility workers and linemen

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 been diagnosed with 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 to which you’re lawfully entitled by misclassifying you. If you suspect that you’re being denied important coverage for this reason, it’s important to discuss your situation with an experienced workers’ compensation attorney near you in New York City.

What Types of Injuries Does Workers’ Comp Cover?

Workers’ compensation benefits can be awarded whenever a qualifying employee suffers an injury within the scope of their employment. This essentially means that you got hurt or became ill while performing job-related tasks and responsibilities while you were on the clock. The Platta Law Firm helps workers fight for benefits after they’ve suffered work-related:

• Broken bones and fractures
• Spinal cord injuries
• Back injuries
• Herniated disc injuries
• Repetitive motion injuries
• Neck injuries
• Cuts and lacerations
• Degloving injuries
• Crushing injuries
• Amputation injuries
• Chest injuries
• Knee injuries
• Ankle injuries
• Shoulder injuries
• Electrocution injuries
• Burn injuries
• Brain injuries
• Nerve damage
• Eye injuries
• Hearing loss
• Dental injuries
• Carpal-Tunnel Syndrome

Benefits can also potentially be awarded to surviving spouses and/or children when a worker’s wrongful death is job-related.

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 medical bills are covered as long as you are treated by a plan-approved healthcare provider. This can limit your ability to choose your own doctor and specialists. However, since coverage isn’t tied to your employment status, 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, are forced to work in a limited capacity, or are temporarily forced to take a lower-paying position. Whether you experience a total loss of income or a reduction in your wages, workers’ compensation benefits can help to 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 for lost financial support and funeral/burial expenses. 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?

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 you’re assigned 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 is adjusted 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 Workers’ Compensation Benefits if I Get Hurt on the Job in NY?

If you forget to notify your employer or miss the two-year statute of limitations, you’ll risk losing the ability to recover much-needed financial support as you navigate your recovery, get back to work, and move forward with your life.

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

At The Platta Law Firm, we know that any work-related injury can have swift and severe consequences across your life. No matter what you do or how you get hurt, it’s important that you have every opportunity to exercise your right to receive monetary benefits for your medical care and loss of income. Our workers’ comp lawyers in New York City have decades of collective experience and an impressive track record of success handling claims for workers who’ve been injured because of:

• Construction accidents
• Truck accidents
• MTA bus accidents
• Subway accidents
• Manufacturing accidents
• Warehouse accidents
• Crushed-by-object accidents
• Electrocution accidents
• Slip and fall accidents
• Ladder accidents
• Agriculture accidents
• Welding accidents
• Work-related car accidents
• Utility worker accidents
• Sanitation accidents
• Tunnel worker accidents
• Toxic exposure
• Repetitive motion
• Workplace violence
• Exposure to the elements accidents

Our team of professionals can offer the transparent and trustworthy guidance you need to assert your rights, navigate a complicated claim for benefits, and walk away with the compensation you need to get back on your feet. We know the strategies the insurance provider will use to minimize your benefits or deny your claim, and our New York workers’ comp attorneys will be ready to fight to get you a maximum workers’ compensation settlement at every turn.

NYC Workers’ Compensation FAQ

Workers’ compensation is a helpful, but complicated system. As an injured worker, it’s important to understand your rights and know what to expect as you navigate the claims process. Our workers’ compensation attorneys in New York City are here to 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’ Compensation Benefits if I’m Blamed for My Work-Related Injury?

Workers’ compensation is a no-fault system, so you’re entitled to benefits even if you’re responsible (in full or in part) for your work-related injuries. In exchange for these unreduced benefits as an exclusive remedy, you agree to waive the right to sue your employer for damages in a third-party lawsuit, even if they contributed to your workplace accident.

Shared responsibility can affect related legal claims. New York’s modified comparative negligence doctrine applies to civil personal injury lawsuits. If you have the ability to sue a third party for your work injuries – like a property owner, the manufacturer of defective work equipment, or a negligent motorist – your damages can be reduced based on your degree of blame. Damages are reduced proportionally to fault up to 50 percent. Once your shared fault is greater than 50 percent, you forfeit the right to seek damages from another at-fault party.

What’s the Workers’ Compensation Claim Process?

New York’s workers’ compensation claims process involves notifying your employer of your injury, submitting a claim with the Workers’ Compensation Board (on time), and negotiating your benefits with the insurance company. After a work-related accident, it’s important to:

• Seek prompt medical attention so that your injury can be diagnosed, treated, and documented
• Have your doctor complete Form C-4 within 48 hours of being seen
• Notify your employer within 30 days of getting hurt, and
• Submit Form C-3 to the Workers’ Compensation Board within 2 years of the date of your injury.

Your employer has 10 days to notify their insurance company that you’ve been injured and intend to seek benefits. The insurance company has 14 days to send you a written Statement of Rights and notify you of any requests for diagnostic tests that might be needed to determine your benefits.

If you’re unable to work for more than 7 days, you should begin to receive wage replacement benefits within 18 days of the date of your injury. Those benefits are paid every two weeks for the duration of your disability or until you max out the available benefits under New York state law. If the workers’ compensation insurance company denies your claim or undervalues your benefits, you have the right to request a hearing to appeal that decision.

Our New York workers’ comp attorneys have decades of hands-on experience navigating the claims process for injured workers across the city. We’ll explain the process to you, help you gather necessary documentation, obtain necessary medical care, and fight the insurance company to ensure that you’re paid in full.

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.

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.

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 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.

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 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 work injury 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 in New York City?

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 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.

Call The Platta Law Firm’s Experienced NYC Workers’ Compensation Attorneys 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 the 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.