Understanding NYC Workers’ Compensation: When to Call a Lawyer

Workplace injuries can significantly disrupt your entire life, affecting you physically, financially, and emotionally. In New York City, where labor powers industries from construction and transit to hospitality and healthcare, a single accident on the job can put your future on hold. That’s where workers’ compensation comes in.

These benefits are designed to help injured workers cover medical bills, replace lost income, and maintain financial stability during their recovery. But securing them isn’t always simple. Whether you’ve just been hurt or are already fighting a denial, having an experienced workers’ compensation attorney can make all the difference.

Who’s Entitled to Workers’ Compensation in NYC?

New York State law requires nearly all employers to carry workers’ compensation insurance, even if they only have one employee. This includes part-time staff, domestic workers employed for more than 40 hours a week, and many contractors who are misclassified as independent.

Some exceptions do apply. Certain real estate agents, nonprofit volunteers, and municipal workers, such as police officers, sanitation workers, and NYC public school teachers, may fall outside the state’s standard system and into separate benefit structures. But for most NYC workers, the right to compensation is guaranteed under state law.

Covered Injuries and Conditions

Workers' compensation isn’t limited to dramatic accidents on construction sites or loading docks. Any injury or illness that occurs in the course of your employment may qualify. This includes:

• Slip-and-fall accidents in the workplace
• Repetitive stress injuries like carpal tunnel
• Occupational diseases caused by toxic exposure
• Equipment-related injuries
• Worsening of pre-existing conditions due to job duties
• COVID-19 or other work-related infections (in certain cases)

If your condition arose while performing job duties or worsened due to your work environment, you may have a valid claim. The key is proving the connection between your work and your injury, which can be more difficult than it sounds.

What Workers' Compensation Covers

Workers’ comp in New York provides a range of benefits, including:

• Medical treatment: Covers doctor visits, hospital bills, surgeries, physical therapy, medication, and medical devices.
• Wage replacement: If you miss more than seven days of work, you can receive up to two-thirds of your average weekly wage, subject to the state maximum.
• Temporary disability benefits: For injuries that prevent you from working temporarily, but from which you’re expected to recover.
• Permanent partial disability (PPD): If you can return to work but not at full capacity, PPD benefits may continue for up to 225 weeks, or 525 weeks in severe cases.
• Permanent total disability: For injuries that completely prevent you from ever working again. These benefits may continue for life.
• Specific loss and disfigurement awards: For amputations, vision or hearing loss, or permanent scarring.
• Death benefits: Surviving spouses, children, or dependents may receive weekly payments and burial expenses if a worker dies as a result of a job-related incident.

What to Do After an On-the-Job Injury in NYC

If you’ve been injured at work, time matters. Notify your employer as soon as possible, ideally in writing, and seek medical attention immediately. Even if the injury seems minor, a documented visit to a doctor can protect you if symptoms worsen later.

From there, you’ll need to file an official claim with the New York State Workers’ Compensation Board using Form C-3. This can be done online, by mail, or in person. Missing deadlines can result in your claim being denied, so don’t wait.

Why Claims Get Denied

Too often, valid claims are rejected due to paperwork errors, missed deadlines, or disputes over whether the injury is work-related. Sometimes, the issue arises from the employer or insurance carrier refusing to acknowledge the full extent of your injuries. In other cases, an unfavorable Independent Medical Examination (IME) undermines your claim.

Whatever the reason, a denial isn’t necessarily the end. You can appeal the decision, request a hearing before a Workers’ Compensation Law Judge, or even file a request for Full Board Review. Having a knowledgeable attorney guide you through these steps can significantly improve your chances of success and help you avoid costly mistakes.

The Role of an NYC Workers’ Compensation Lawyer

A lawyer can be an invaluable ally throughout your workers’ comp case. They can:

• File your initial claim to ensure accuracy and completeness
• Secure and organize medical evidence and doctor statements
• Represent you during IMEs and challenge biased or inaccurate assessments
• Navigate hearings, appeals, and motions before the Workers’ Compensation Board
• Negotiate fair benefit payments and prevent delays or underpayment
• Identify third-party claims if outside negligence contributed to your injury

In short, they’ll manage the legal details while you focus on recovery.

What If You’re a Part-Time, Temporary, or Seasonal Worker?

Even if you aren’t a full-time employee, you may still be eligible for benefits. In NYC, part-time and seasonal workers often qualify, especially if your employer has control over your work schedule, duties, and location. Don’t assume you're excluded without checking the specifics of your situation.

Can You Still Sue for Additional Compensation?

While you typically can’t sue your employer if you're covered by workers’ comp, you can file a personal injury claim if a third party contributed to your injury. For example, if you were hurt by a defective tool or a negligent subcontractor, a lawsuit may help you recover additional damages like pain and suffering, something not covered by workers’ compensation.

A workers’ compensation attorney at Morgan & Morgan can evaluate all avenues of compensation to make sure you’re not leaving money on the table.

What If Your Employer Retaliates?

New York law prohibits retaliation against individuals who file a workers’ compensation claim. That includes firing, demoting, or harassing you. If you’ve experienced retaliation or feel intimidated about reporting your injury, speak with a lawyer immediately. You may have legal grounds for additional claims beyond workers’ compensation.

How Morgan & Morgan Fights for Injured NYC Workers

At Morgan & Morgan, we’ve represented injured workers for over 35 years, and we’ve recovered billions for our clients. We understand the unique challenges of filing a claim in New York City, from fast-paced construction sites to hospital backrooms and office towers.

Our workers’ compensation lawyers know how to challenge denials, handle appeals, and work directly with insurers to demand the benefits you’re entitled to. We can also coordinate your case if you’re eligible for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or other government support.

And with no upfront costs, you pay nothing unless we win.

Get Started With a Free Case Evaluation

If you’ve been injured on the job in New York City, don’t leave your recovery to chance. Workers’ compensation is a right, not a favor, and you deserve an advocate who will stand up to employers and insurers alike.

Contact Morgan & Morgan today to schedule a free case evaluation. Let our team fight for the benefits and dignity you’ve earned.