Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
The Big Apple is known for attractions like great Broadway shows, exceptional dining and one of the best subway systems in the country. This wouldn’t be possible without millions of workers making the city run smoothly.
However, those workers can get hurt when operations don’t run as expected. And when you are injured, you want one of the best workers’ comp lawyers in NYC to help you get the money you deserve. This guide will help you find the right one for you.
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Show Summary
- Best Workers' Comp Attorneys in NYC
- Compare Top Workers' Comp Attorneys
- Workers’ Compensation Laws in New York
- How Can an Attorney Help You in NYC?
- How to Choose the Best Workers’ Comp Lawyer in New York, NY
- Methodology for Finding the Best NYC Workers’ Compensation Attorney
- Frequently Asked Questions (FAQs)
Best Workers' Comp Attorneys in NYC
Compare Top Workers' Comp Attorneys
Workers’ Compensation Laws in New York
In New York, workers’ compensation is a type of insurance that awards cash benefits and pays for medical care when workers are injured or fall ill due to their jobs. The value of these benefits is directed by the Workers’ Compensation Board, a state agency that processes all claims.
Workers’ compensation claims differ from most insurance claims because determining fault isn’t part of the equation. Workers are paid the same amount regardless of how much they or their employer are at fault, as long as the cause of the harm was related to work.
Who Is Protected by Workers’ Compensation Laws in NYC, NY?
Nearly everyone who works in New York City is covered by workers’ compensation laws, regardless of whether they work full-time or part-time. There are only two types of workers that are exempt.
Sole proprietors and partnerships with no other employees may choose not to purchase workers’ compensation insurance. However, if they employ even a single employee, everyone in the business must be covered. The other type of employee that is exempt is some non-profit employees who work for religious or charitable organizations.
Workers’ Rights Under NYC, NY, Workers’ Comp Laws
Compared to the workers’ compensation laws in other states, New York’s workers have relatively robust protections. Workers in New York cannot be required to contribute to the cost of the insurance policy that covers them. Additionally, if the insurance company or employee disputes that the injury was work-related, a worker may be eligible to receive disability benefits while waiting for a judge to rule on their claim.
While a worker can be fired while they are on workers’ compensation, an employer can’t fire them for claiming or receiving those benefits. This is a subtle difference that NYC workers’ compensation lawyers understand and can help with.
Filing Process for Workers’ Compensation in NYC, NY
There are two parts to filing a claim for workers’ compensation in NYC. First, you need to notify your employer that you were injured on the job within 30 days of the injury. This lets them know that you intend to claim workers’ compensation and gives them a chance to investigate your claim and potentially oppose it.
Second, you need to file Form C-3 with the Workers’ Compensation Board. This form can be filed online, by mail or in person. To fill out this form, you need to provide:
- Your name
- Your employer’s name and address
- The dollar amount of your gross wages per pay period before you were injured
- Contact information for your boss at the time you were injured
- Contact information for the doctor or hospital that initially treated you
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in NYC, NY
Typically, you will only have your workers’ compensation claim denied if you were drunk, high, failed to get medical attention quickly after the accident, ignored safety rules or intentionally injured yourself. In any other situation, as long as you were earning pay, you should be approved for compensation, even if your negligence resulted in your injuries.
However, if you are denied, you may still have options to get compensation for your injuries. One option may be temporary disability benefits from Social Security. These can help cover lost wages in some situations.
Another option that may be available is a personal injury lawsuit. This is an option if your injury was caused by the negligence of another, even your employer. A successful personal injury lawsuit can potentially get you compensation for medical costs, lost wages and pain and suffering.
How Can an Attorney Help You in NYC?
While the filing process for workers’ compensation may seem relatively easy, you should typically contact a NYC workers’ compensation lawyer before beginning the process. Even if your employer doesn’t fight your claim, the attorney can help you properly file your paperwork. This will avoid problems that could delay your payments.
The real value of an NYC workers’ compensation lawyer becomes apparent if you have to file a workers’ compensation lawsuit to get benefits. Your attorney will guide you through the legal process and ensure you don’t miss any deadlines for filing or responding to motions. Even a single missed deadline could torpedo your case.
How to Choose the Best Workers’ Comp Lawyer in New York, NY
There are hundreds of competent workers’ compensation lawyers in NYC. But you don’t want a merely competent lawyer working on your case. You want the best workers’ compensation lawyer in NYC. The following are factors to take into account when choosing an attorney to represent you:
- State bar licensures. Due to NYC’s unique geography, many New York workers perform work duties in New Jersey and Pennsylvania. If you are one of those workers, it is best to be represented by a lawyer who is licensed to practice in nearby states.
- Familiarity with your line of work. Disputes over whether someone qualifies for workers’ compensation can come down to subtle interpretations of what “work” means in a specific field. A lawyer who is familiar with your field will grasp those subtle interpretations more quickly and better represent your interests.
- Languages spoken. If English isn’t your native language, you will be able to better communicate with your lawyer if they speak your native tongue. Many lawyers speak languages other than English.
Methodology for Finding the Best NYC Workers’ Compensation Attorney
To come up with the best workers’ comp lawyers in NYC in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much do workers’ compensation lawyers in NYC charge for their services?
The typical workers’ compensation lawyer in NYC charges a contingency fee that grants them 15% to 25% of the settlement amount at the end of the case. That fee often increases to 33% if the case ends in a verdict rather than in a settlement. However, some may charge a small hourly rate (a few hundred dollars) if they only help with a small portion of the claim.
How long do I have to file a workers’ compensation claim with the Workers’ Compensation Board?
You have up to two years to file a workers’ compensation claim with the Workers’ Compensation Board. However, you should typically file a claim as soon as possible. Usually, this means filing one within hours or days of suffering an injury or illness.
The clock doesn’t start ticking the two years when you suffer an injury or illness. It starts when you first become aware (or should have become aware) of an injury or illness. That latter situation is important in cases involving harm that develops over time, like illnesses from asbestos exposure, where it could be years before you learn that you were exposed.
Will I get reimbursed for medical bills, or will the insurance pay the bills directly?
If your workers’ compensation claim is approved, the insurance will pay for your medical bills directly. You will only receive cash for lost wages resulting from a workplace injury or a work-related illness.
