Workers’ Compensation Lawyer in New York City
Workers’ compensation injuries in New York City affect thousands of employees annually across diverse industries from construction sites in Manhattan to warehouses in Queens, restaurants in Brooklyn, and offices throughout the Bronx. When workplace injuries occur, injured workers often face complex bureaucratic processes, insurance company delays, and employers who may discourage filing claims or dispute the severity of injuries. Understanding your rights under New York’s workers’ compensation system is crucial for securing the medical treatment and financial support you need during recovery.
At Koenigsberg & Associates Law Offices, our New York City workers’ compensation lawyers understand the challenges injured workers face when dealing with insurance companies and employers who prioritize profits over employee welfare. We are committed to helping injured workers throughout NYC navigate the workers’ compensation system and secure all benefits they’re entitled to under the law, while also identifying opportunities for additional compensation through third-party liability claims.
Understanding Workers’ Compensation in New York City
New York’s workers’ compensation system provides a safety net for employees injured on the job, offering medical benefits and wage replacement regardless of who caused the workplace accident. However, the system can be complex and bureaucratic, with insurance companies often looking for reasons to deny or minimize claims. Understanding how the system works and your rights as an injured worker is essential for protecting your interests and securing proper benefits.
Workers’ compensation is designed to be a no-fault system, meaning injured workers can receive benefits even if their own actions contributed to the accident. In exchange for these guaranteed benefits, workers generally cannot sue their employers for workplace injuries, though important exceptions exist for third-party liability claims and cases involving serious safety violations.
Common Workplace Injuries in New York City
New York City’s diverse economy creates various workplace injury risks across different industries and job types:
Construction and Manual Labor Injuries
- Falls from Heights – Scaffolding accidents, ladder falls, and roof accidents causing serious injuries including fractures, spinal cord injuries, and traumatic brain injuries
- Struck by Objects – Falling tools, materials, and equipment causing head injuries, fractures, and other trauma
- Caught in Machinery – Equipment accidents causing crush injuries, amputations, and severe lacerations
- Electrocution – Electrical accidents causing burns, cardiac issues, and neurological damage
Office and Service Industry Injuries
- Repetitive Stress Injuries – Carpal tunnel syndrome, tendonitis, and other conditions from repetitive computer work or manual tasks
- Slip and Fall Accidents – Wet floors, uneven surfaces, and cluttered walkways causing fractures and soft tissue injuries
- Lifting Injuries – Back and neck injuries from improper lifting techniques or handling heavy objects
- Ergonomic Injuries – Neck, back, and shoulder problems from poor workstation setup or prolonged sitting
Transportation and Delivery Injuries
- Vehicle Accidents – Delivery drivers, taxi operators, and other transportation workers injured in motor vehicle accidents while working
- Loading Injuries – Back injuries, hernias, and other trauma from loading and unloading cargo
- Slip and Fall on Ice – Weather-related accidents affecting outdoor workers and delivery personnel
Healthcare and Social Services Injuries
- Patient Handling Injuries – Back injuries and strains from lifting and moving patients
- Needlestick Injuries – Exposure to bloodborne pathogens and infectious diseases
- Violence-Related Injuries – Assaults by patients or visitors causing physical and psychological trauma
- Chemical Exposure – Injuries from cleaning products, medications, and other hazardous substances
Industrial and Manufacturing Injuries
- Machinery Accidents – Cuts, crushes, and amputations from industrial equipment
- Chemical Burns – Exposure to acids, solvents, and other dangerous chemicals
- Respiratory Injuries – Lung damage from dust, fumes, and toxic substances
- Heat-Related Injuries – Burns and heat exhaustion in industrial environments
Types of Workers’ Compensation Benefits in New York
New York’s workers’ compensation system provides several types of benefits for injured workers:
Medical Benefits
- Complete Medical Coverage – All necessary medical treatment related to workplace injuries including doctor visits, surgery, hospitalization, and rehabilitation
- Prescription Medications – Coverage for all medications prescribed for work-related injuries and conditions
- Physical Therapy – Rehabilitation services to help injured workers regain function and return to work
- Specialized Treatment – Access to specialists, diagnostic testing, and advanced medical procedures as needed
- Medical Equipment – Wheelchairs, braces, prosthetics, and other assistive devices required for recovery
Wage Replacement Benefits
- Temporary Total Disability – Two-thirds of average weekly wage when completely unable to work due to injuries
- Temporary Partial Disability – Partial wage replacement when able to work with restrictions or reduced capacity
- Permanent Partial Disability – Scheduled benefits for permanent impairment to specific body parts
- Permanent Total Disability – Ongoing benefits for workers who cannot return to any type of employment
Vocational Rehabilitation
- Job Retraining – Education and training programs when injuries prevent return to previous employment
- Job Placement Services – Assistance finding suitable employment within physical limitations
- Workplace Modifications – Accommodations that allow injured workers to perform modified duties
- Career Counseling – Guidance on career options compatible with permanent limitations
Death Benefits
- Survivor Benefits – Weekly payments to spouses and dependent children of workers who die from workplace injuries
- Funeral Expenses – Coverage for reasonable burial and funeral costs
- Dependency Determinations – Benefits calculated based on number and ages of dependents
The Workers’ Compensation Claims Process
Understanding the workers’ compensation claims process helps ensure you receive all benefits you’re entitled to:
Immediate Steps After Workplace Injury
- Seek Medical Attention – Get immediate medical care for your injuries, even if they seem minor initially
- Report to Employer – Notify your supervisor or employer about the injury as soon as possible, preferably in writing
- Document Everything – Keep detailed records of the accident, witnesses, medical treatment, and all communications
- File Claim Forms – Complete required workers’ compensation claim forms within specified deadlines
Claim Investigation and Determination
- Insurance Review – The workers’ compensation insurance carrier investigates the claim and determines benefits
- Independent Medical Exams – Insurance companies may require examinations by their chosen doctors
- Benefit Determinations – Decisions on medical treatment authorization and wage replacement amounts
- Return-to-Work Evaluations – Assessments of ability to return to work and any necessary accommodations
Appeals Process
- Administrative Hearings – Formal proceedings before workers’ compensation law judges
- Evidence Presentation – Medical records, witness testimony, and expert opinions supporting your claim
- Legal Representation – Attorney advocacy to protect your rights and maximize benefits
- Board Review – Appeals to the Workers’ Compensation Board for adverse decisions
Common Workers’ Compensation Challenges
Injured workers often face various obstacles when pursuing workers’ compensation benefits:
Insurance Company Tactics
- Claim Denials – Insurance companies may deny claims by disputing that injuries are work-related
- Medical Treatment Delays – Delaying authorization for necessary medical treatment to minimize costs
- Surveillance – Conducting surveillance to catch workers performing activities inconsistent with claimed disabilities
- Independent Medical Exams – Requiring examinations by insurance company doctors who may minimize injury severity
Employer Resistance
- Discouraging Claims – Employers may pressure workers not to file claims or suggest injuries aren’t work-related
- Retaliation – Illegal firing, demotion, or harassment of workers who file compensation claims
- Light Duty Disputes – Conflicts over appropriate return-to-work accommodations and job modifications
- Safety Violations – Unsafe working conditions that lead to injuries but employers resist addressing
Medical and Legal Complexities
- Pre-existing Conditions – Disputes over whether workplace accidents aggravated pre-existing medical conditions
- Causation Issues – Challenges proving that injuries or illnesses are directly related to workplace exposure
- Disability Ratings – Disagreements over the extent of permanent disability and appropriate compensation
- Treatment Disputes – Conflicts over the necessity and appropriateness of recommended medical treatment
Paul Koenigsberg
Third-Party Liability Claims
While workers’ compensation provides guaranteed benefits, injured workers may also have additional claims against third parties that can provide full compensation for all damages:
Construction Site Third-Party Claims
- Property Owner Liability – Claims against building owners under New York Labor Law for unsafe working conditions
- General Contractor Responsibility – Liability for overall site safety and coordination of subcontractors
- Equipment Manufacturer Defects – Product liability claims for defective tools, machinery, and safety equipment
- Subcontractor Negligence – Claims against other contractors whose negligence causes injuries
Vehicle Accident Third-Party Claims
- Other Driver Negligence – Claims against negligent drivers who cause accidents involving workers
- Vehicle Defects – Product liability claims for defective work vehicles and equipment
- Road Condition Liability – Claims against government entities for dangerous road conditions
Premises Liability Claims
- Customer Premises – Claims against property owners where workers are injured while performing services
- Dangerous Conditions – Liability for slip and falls, inadequate lighting, and other hazardous conditions
- Security Issues – Claims for inadequate security leading to workplace violence
Protecting Your Rights as an Injured Worker
Understanding your rights and taking proper steps can help ensure you receive all benefits you’re entitled to:
Know Your Rights
- Right to Medical Treatment – Immediate medical care for work-related injuries without upfront costs
- Right to Choose Doctors – Selection from approved medical providers after initial emergency treatment
- Right to Wage Benefits – Partial income replacement during recovery from workplace injuries
- Right to Appeal – Challenge denied claims or inadequate benefit determinations
- Protection from Retaliation – Legal protection against employer punishment for filing legitimate claims
Common Mistakes to Avoid
- Delayed Reporting – Failing to promptly report injuries to employers and file claims within deadlines
- Inadequate Documentation – Poor record-keeping of medical treatment, expenses, and communications
- Accepting Quick Settlements – Agreeing to settlements before understanding the full extent of injuries and future needs
- Missing Medical Appointments – Failing to attend scheduled medical exams and treatments
- Social Media Mistakes – Posting content that could be used to challenge disability claims
When to Seek Legal Representation
- Claim Denials – When insurance companies deny legitimate workers’ compensation claims
- Delayed Benefits – When benefits are unreasonably delayed or inadequate
- Serious Injuries – For significant injuries requiring extensive medical treatment and time off work
- Employer Retaliation – When employers illegally punish workers for filing claims
- Third-Party Claims – When additional liability claims may be available for full compensation
Return-to-Work Programs and Accommodations
Successful return to work is often a key goal of workers’ compensation cases:
Modified Duty Programs
- Light Duty Assignments – Temporary work within medical restrictions while recovering
- Workplace Accommodations – Modifications to job duties, equipment, or work environment
- Gradual Return – Phased return to full duties as medical condition improves
- Vocational Rehabilitation – Retraining for new positions when unable to return to previous work
Employer Obligations
- Reasonable Accommodations – Providing necessary modifications for workers with permanent limitations
- Interactive Process – Working with injured workers to identify suitable return-to-work options
- Job Protection – Maintaining employment rights during recovery period
- Safety Compliance – Ensuring workplace modifications meet safety standards
FAQs About Workers’ Compensation in New York City
Am I covered by workers’ compensation if I’m injured at work?
Most employees in New York are covered by workers’ compensation regardless of citizenship status, part-time or full-time status, or length of employment. Coverage includes injuries that occur while performing work duties, even if the injury happens away from the normal workplace.
What if my employer doesn’t have workers’ compensation insurance?
New York law requires most employers to carry workers’ compensation insurance. If your employer illegally lacks coverage, you may be able to sue them directly for your injuries, and the state may provide benefits through the Uninsured Employers’ Fund.
Can I choose my own doctor for treatment?
After emergency treatment, you can choose from approved medical providers within the workers’ compensation system. If you’re not satisfied with your treatment, you may be able to change doctors with proper authorization.
What if my claim is denied?
You have the right to appeal denied claims through the workers’ compensation system. The appeals process includes hearings before administrative law judges where you can present evidence supporting your claim.
Can I be fired for filing a workers’ compensation claim?
No, it’s illegal for employers to retaliate against workers for filing legitimate workers’ compensation claims. If you’re fired or otherwise punished for exercising your rights, you may have additional legal claims against your employer.
How long do workers’ compensation benefits last?
Medical benefits continue as long as treatment is necessary for your work-related injury. Wage replacement benefits vary depending on the type and severity of your disability, with some permanent disabilities qualifying for lifetime benefits.
Contact Our New York City Workers’ Compensation Lawyers Today
If you’ve been injured at work in New York City, don’t let insurance company tactics or employer pressure prevent you from receiving the workers’ compensation benefits you deserve. Workplace injuries often result in serious medical conditions that require extensive treatment and time away from work, creating significant financial hardships for you and your family.
Time is critical in workers’ compensation cases due to strict reporting deadlines and statute of limitations. Evidence can disappear quickly, witnesses may become unavailable, and delays in filing claims can jeopardize your right to benefits. The sooner you contact an attorney, the better we can protect your rights, ensure proper medical treatment, and identify all available sources of compensation.
Contact us today or call us at (718) 336-2000 to schedule a free consultation.
