Workers' compensation is a state-mandated insurance system that protects employees injured in the course of employment.

If you are hurt on the job in New York City, Nassau County, Suffolk County, or anywhere in the state, you have the right to file a claim against your employer's workers' compensation insurance carrier.

The system provides medical treatment related to the injury, weekly wage replacement if you are unable to work, and a permanent disability award if lasting impairment is established.

Benefits are determined by statutory formulas. Medical documentation and early case handling affect the outcome.

Workers' compensation covers both traumatic accidents and occupational diseases.

This includes construction accidents, vehicle accidents while working, slip-and-falls, workplace violence, repetitive stress injuries such as carpal tunnel syndrome, chronic back and neck conditions, hearing loss, and exposure-related illnesses.

If the injury occurred while performing job duties, it is generally covered under New York law. Fault is typically not the determining factor.

Yes. Nearly all employers in New York State are legally required to carry workers' compensation insurance.

If an employer fails to maintain coverage, the New York Uninsured Employers Fund (UEF) exists to protect injured workers. Claims may still proceed, and benefits can be paid through the Fund.

Lack of insurance does not automatically eliminate your rights.

Most employees in New York are eligible if they are injured in the course of employment.

Eligibility does not usually depend on fault, immigration status, or length of employment. What matters is whether the injury occurred while performing job duties.

New York workers' compensation provides medical coverage for treatment related to your injury and weekly wage benefits if you are unable to work.

If you return at reduced earnings, partial wage benefits may apply. If the injury results in permanent impairment, the law provides for a disability award calculated under statutory formulas.

Benefits are governed by statute. Proper medical documentation directly affects what you receive.

You must notify your employer within 30 days of the accident. Notice can be provided in writing, including a text or email.

You generally have two years from the date of injury to file a claim with the Workers' Compensation Board by submitting Form C-3.

Once filed, the insurance carrier investigates. If the claim is disputed, hearings are scheduled before a Workers' Compensation Law Judge.

The process is procedural and often contested. Early documentation and positioning matter.

New York is an at-will employment state.

However, termination in retaliation for filing a workers' compensation claim violates Section 120 of the Workers' Compensation Law.

If retaliation occurs, a discrimination complaint may be filed using Form DC-120. Lost wages and other remedies may be available.

These claims require careful documentation and prompt action.

You may file Form C-3 directly with the New York Workers' Compensation Board.

That filing serves as formal notice and begins the claim process, regardless of your employer's cooperation.

Workers' compensation is not a fault-based system.

If the injury occurred in the course of employment, it is generally compensable under New York law.

Insurance carriers may still examine the circumstances closely. That scrutiny is procedural, not a determination of fault.

Retaliation for filing a workers' compensation claim is unlawful.

Employers sometimes attempt to justify adverse action for unrelated reasons. If that occurs, it must be addressed strategically and promptly.

Many injuries remain compensable even if a workplace rule was involved.

Unless the injury resulted from a willful violation of the law, benefits may still be available. Each case depends on the specific circumstances.

No. In New York, you have the right to choose your own treating physician, provided the doctor accepts workers' compensation insurance.

Yes. You are not required to treat with a company-selected doctor. The physician must be authorized to treat workers' compensation patients.

You may seek a second opinion from another authorized physician.

Medical opinions often affect disability ratings and work restrictions. Additional evaluation can be critical in disputed cases.

Workers' compensation provides medical coverage for life on an accepted injury.

If your condition worsens, treatment may resume and certain aspects of the claim may be revisited.

Surgery, therapy, medication, and ongoing treatment may be covered if related to the work injury.

Proper medical documentation and authorization are essential to preserving long-term care.

If a claim is denied, the case proceeds to litigation before the Workers' Compensation Board.

The insurance carrier will have attorneys. Medical evidence, testimony, and procedural compliance will matter.

Denied claims are not uncommon in contested cases throughout New York City and Long Island. Preparation determines how those disputes are resolved.

Claims may be denied due to disputes over whether the injury occurred at work, insufficient medical evidence, late reporting, or coverage issues.

Each denial has a specific basis and must be addressed strategically.

Yes. If a Workers' Compensation Law Judge issues a decision, you generally have 30 days to file an appeal.

If the insurance carrier disputes the claim, a Request for Further Action (RFA-1) may be filed to schedule a hearing before the Board.

Procedural compliance is critical at this stage.

Timelines vary depending on the complexity of the injury and the nature of the dispute.

Some issues resolve quickly with proper documentation. Others require multiple hearings.

Workers' compensation cases are governed by statutory formulas.

Value depends primarily on your average weekly wage, the severity of injury, and whether permanent impairment is established under New York guidelines.

For extremity injuries, a Schedule Loss of Use percentage is assigned. For other injuries, classification and loss of earning capacity may apply.

Workers' compensation does not provide pain and suffering damages.

Wage replacement benefits are generally paid at two-thirds of your average weekly wage, subject to a statutory maximum that is updated annually.

As of July 1, 2025, the maximum weekly benefit is $1,222.42.

These benefits are not taxable.

A workers' compensation settlement, often referred to as a Section 32 agreement, is a negotiated resolution between the injured worker and the insurance carrier.

It typically involves a lump-sum payment in exchange for closing part or all of the claim. Some settlements close both wage and medical benefits. Others may preserve future medical coverage.

The structure of the agreement has long-term consequences and must be evaluated carefully.

Yes. Workers' compensation claims are often resolved through lump-sum settlements once the medical condition stabilizes or reaches maximum improvement.

Timing and medical documentation directly affect the value.

For extremity injuries such as shoulders, knees, hands, or feet, a Schedule Loss of Use percentage is assigned under New York guidelines.

That percentage, combined with your wage history, determines the statutory award.

For non-scheduled injuries, loss of earning capacity is evaluated.

These determinations are frequently contested and require strong medical support.

No.

However, if a third party contributed to the accident, you may have a separate personal injury claim that allows recovery for pain and suffering and full economic damages.

If your injury prevents you from returning to your former position, you may be entitled to reduced earnings benefits based on medical evidence and wage documentation.

You cannot work while collecting full wage replacement benefits.

Medical coverage may continue, and partial disability benefits may apply in certain circumstances.

In Schedule Loss of Use cases, returning to work can affect the structure of the award.

Light-duty work may restore wages but can affect aspects of your claim.

Any offer should be evaluated carefully to understand its impact on both workers' compensation benefits and any related third-party claim.

Yes.

If a property owner, contractor, subcontractor, driver, or equipment manufacturer contributed to the accident, you may pursue a separate personal injury lawsuit.

Unlike workers' compensation, a third-party claim allows recovery for pain and suffering and full economic damages.

A third-party claim is a lawsuit against someone other than your employer who contributed to your injury.

These claims are pursued in addition to workers' compensation benefits and can significantly affect overall recovery in serious injury cases across New York City and Long Island.

You must report the injury to your employer within 30 days.

You generally have two years from the date of injury to file a workers' compensation claim.

Missing the deadline can permanently bar the claim.

If you wait more than two years, your claim may be disallowed.

Medical coverage, wage benefits, and permanent disability awards may no longer be available.

Workers' compensation cases are procedural, frequently contested, and often connected to broader litigation strategy.

Schwartzapfel Holbrook handles workers' compensation and related third-party claims in-house across New York City and Long Island. That coordination allows for strategic positioning from the beginning.

Our attorneys regularly lecture on trial practice and labor law. Preparation is central to how cases are handled.

Insurance carriers evaluate preparation.

When litigation becomes necessary, the case is handled accordingly.

There is no upfront cost.

Workers' compensation attorney fees are set by law and must be approved by the Workers' Compensation Board.

If no benefits are recovered, there is no attorney fee.