Workers Compensation Lawyers

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Every day in New York, workers leave home never expecting that a safety violation, unsafe work condition, or act of negligence will seriously injure them on the job and potentially change their lives forever. Yet this is the reality that about 150,000 New Yorkers confront every year.

If you were injured on the job, the workers' compensation system is supposed to help you pay for medical care and replace lost wages. But too often, workers struggle with delayed, disputed, and denied claims. 

If this is happening to you, the New York workers' compensation lawyers at the Rothenberg Law Firm are here to fight for you. We have fiercely and proudly advocated for the legal rights and protections of New York workers for more than 50 years.

Workers shouldn’t have to fight so hard for the benefits they are owed. If you were injured on the job in New York, contact us today for a free consultation and discover how we can fight to secure your full and fair compensation. 

Do I Need a Workers' Compensation Lawyer in New York?

While New York law does not require you to hire representation, having our experienced workers' compensation lawyers on your side can make a significant difference in the success of your claim. 

We handle communications with your employer's insurance company, gather medical evidence to support your claim, represent you at hearings before the Workers' Compensation Board, and fight to maximize your benefits if your claim is disputed or denied.

Why Choose the Rothenberg Law Firm for Your Workers' Comp Claim?

Insurance companies have teams of adjusters and personal injury lawyers working to minimize what they pay on claims. You need advocates who know the system and will fight for every benefit you are owed.

Billions Recovered for Injured Workers

Over more than 50 years, our firm has recovered billions in compensation for accident victims. Our case results demonstrate our commitment to fighting for every dollar our clients are owed.

We Treat Every Client Like Family

The Rothenberg Law Firm is a family firm. When you work with us, you are not a case number. We take the time to understand your injuries, your financial situation, and your goals. We never compromise our mission and values.

We Always Consider Third-Party Claims

Workers' compensation benefits are important, but they do not cover your full wages or pain and suffering. When a third party contributed to your injury, our New York work injury lawyers explore whether you may also have a personal injury claim that could provide additional compensation.

Board-Approved Fees

In New York, attorney fees in workers' compensation cases must be approved by the Workers' Compensation Board and are paid from your award, not out of pocket. You pay nothing up front, and our fee comes only from the compensation we help you recover.

What Are Workers' Compensation Benefits and How Do They Work in New York?

Workers' compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill because of their job. Almost every New York employer must pay for this coverage. 

Workers’ comp is designed to protect employers from liability when their workers are injured on the job while providing injured workers the benefits they need to recover and return to work, if possible.

In New York, the Workers' Compensation Board oversees the claims process and resolves disputes between injured workers and insurance carriers.

Because workers' compensation is a no-fault system, you can receive benefits even if your own actions contributed to the accident. You do not need to prove your employer was negligent. The trade-off is that workers' compensation benefits are limited, and you generally cannot sue your employer for additional personal injury damages.

Benefits available under New York workers' compensation include:

• Medical care: Coverage for all treatment related to your work injury, including doctor visits, surgery, physical therapy, prescriptions, and medical equipment
• Lost wage benefits: If you miss more than seven days of work, you may receive a portion of your average weekly wage while you recover
• Temporary disability: Benefits while you are unable to work or can only work reduced hours during recovery
• Permanent disability: Benefits if your injury results in lasting impairment that affects your ability to work
• Death benefits: Compensation for dependents if a worker dies from a job-related injury or illness

Our New York workers' compensation attorneys help injured workers obtain every benefit they are owed under the law.

What Are the Most Common Workplace Injuries in NYC?

New York workers face unique hazards depending on their industry. Construction remains one of the most dangerous industries in New York City and throughout the state, with workers facing falls, equipment accidents, and struck-by incidents.

Healthcare workers suffer from lifting injuries and exposure to infectious diseases. Office workers develop repetitive stress injuries. Restaurant and retail workers often experience slip and fall accidents.

Delivery drivers and warehouse workers face increasing risks as the demand for rapid delivery continues to grow. Whether you work in a high-rise office building in Midtown Manhattan, a hospital in Long Island, or a construction site in White Plains, workplace injuries can and do happen anywhere.

Our workers' compensation attorneys handle claims involving:

• Construction accidents, including falls from scaffolding, ladders, and roofs
• Back and spinal injuries from lifting, carrying, or repetitive motion
• Traumatic brain injuries from falls or struck-by accidents
• Repetitive stress injuries like carpal tunnel syndrome
• Occupational illnesses from chemical exposure, dust, or infectious agents

Whatever your injury, our team has the experience to pursue the benefits you are owed.

Third-Party Claims: Additional Compensation for Injured Workers

Workers' compensation provides valuable benefits, but it does not allow you to recover damages for pain and suffering, emotional distress, or the full value of lost future earnings. 

However, if someone other than your employer contributed to your injury, you may be able to file a separate personal injury lawsuit against that third party.

This is especially important for construction workers in New York. Under New York Labor Law Sections 240 and 241, property owners and general contractors may be held strictly liable for gravity-related injuries, such as falls from scaffolding or being struck by falling objects. These laws give injured construction workers powerful legal protections beyond workers' compensation.

Other common third-party claims include:

• Claims against manufacturers of defective machinery or equipment
• Claims against negligent drivers who caused a work-related vehicle accident
• Claims against property owners for unsafe premises conditions

Our New York workers' compensation lawyers always evaluate whether a third-party claim may be available in addition to your workers' comp benefits.

What’s the Process for Claiming Workers' Compensation in New York?

Filing a workers' compensation claim in New York involves several steps and strict deadlines. Missing a deadline or making a mistake on your paperwork can delay or jeopardize your benefits. 

Insurance providers have lawyers and claims adjusters working on their side from day one. Having our experienced New York workers' compensation lawyers on your side gives your case more legal authority to succeed.

This is how the process generally plays out:

• Report your injury to your employer: You must notify your employer in writing within 30 days of your injury or when you learn that an illness is work-related.
• Seek medical treatment: Get treatment from a Board-authorized provider who can document your injuries and submit medical reports.
• File your claim: You must file Form C-3 with the Workers' Compensation Board within two years of your injury.
• Hire an experienced New York Workers’ Compensation Lawyer to help you prepare and submit the required paperwork, appeal a denied claim, fight to maximize your benefits, and move your case forward at any phase.
• Attend hearings if needed: If your claim is disputed, a Workers' Compensation Law Judge will hold a hearing to resolve the dispute.

Our NYC workers' compensation lawyers guide you through every step of this process and represent you at hearings before the Board if necessary.

What if My Workers' Comp Claim Is Denied?

Insurance companies regularly deny workers' compensation claims for many reasons. They may argue that your injury is not work-related, that you did not report it in time, or that your medical treatment is not necessary. They may send you to an independent medical examination with their own doctor, who will downplay your injuries. 

However, a denial is not the end of the road.

Our New York work injury lawyers have extensive experience appealing denied claims. We gather additional medical evidence, prepare you for hearings, and present your case before the Workers' Compensation Board. 

We know how to challenge unfair medical opinions and build a record that supports your claim. If the insurance company is wrong, we fight to get that decision reversed.

Frequently Asked Questions: NYC Workers' Compensation Claims

How Long Do I Have to File a Workers' Compensation Claim in New York?

Under Workers' Compensation Law Section 28, you generally have two years from the date of your injury to file a claim. For occupational diseases, the deadline is two years from when you knew or should have known the illness was work-related. You must also report your injury to your employer within 30 days.

How Much Does a Workers' Compensation Lawyer Cost in NYC?

In New York, workers' compensation attorney fees must be approved by the Workers' Compensation Board and are paid from your award, not out of pocket. You pay nothing up front to work with our NYC workers' compensation lawyers, and we only get paid if we help you recover benefits.

Can I Sue My Employer for a Workplace Injury in New York?

Generally, no. Workers' compensation is considered the exclusive remedy against your employer for workplace injuries. However, you may be able to sue a third party, such as a property owner, general contractor, or equipment manufacturer, whose negligence contributed to your injury. Our team evaluates every case for potential third-party claims.

What Benefits Does Workers' Compensation Cover in New York?

Workers' compensation in New York covers medical care related to your injury, a portion of lost wages if you cannot work, temporary and permanent disability benefits, and death benefits for dependents. It does not cover pain and suffering, which is why third-party claims can be so important.

What Should I Do if My Employer Does Not Have Workers' Compensation Insurance?

New York law requires most employers to carry workers' compensation insurance. If your employer does not have coverage, you may still be able to recover benefits through the Uninsured Employers Fund. Our New York workers' compensation lawyers can help you pursue benefits even when an employer has violated the law.

How Our New York Workers' Compensation Lawyers Help You

When you work with the Rothenberg Law Firm, we take immediate action to protect your rights. We file your claim correctly and on time, gather medical records and evidence, communicate with the insurance company on your behalf, and represent you at hearings before the Workers' Compensation Board.

We also investigate whether a third-party claim may provide additional compensation. If a property owner, contractor, or equipment manufacturer contributed to your injury, pursuing both claims can significantly increase your total recovery. 

Our team has extensive experience handling New York Labor Law claims arising from construction site accidents and workplace injuries. 

Throughout the process, we keep you informed about your case and answer any questions you have. We understand that an injury affects your entire family, and we work to get you the benefits you need as quickly as possible.

Serving Injured Workers Across All Five Boroughs

The Rothenberg Law Firm represents injured workers throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We also serve clients in Long Island, Westchester, and northern New Jersey. Whether you were hurt on a construction site in Lower Manhattan, a warehouse in the Bronx, or a restaurant in Brooklyn, we are ready to help.

Our firm also handles construction accidents and other personal injury claims throughout the New York metropolitan area.

Talk to a New York Workers' Compensation Lawyer Today

Deadlines matter in workers' compensation cases. The sooner you act, the sooner you can start receiving the benefits you need to cover medical care and lost wages. Do not let the insurance company take advantage of you.

The Rothenberg Law Firm has spent more than 50 years fighting for injured New Yorkers and recovering billions in compensation. We treat every client like family and are ready to fight for you. Your first consultation is free, and there are no upfront fees. Contact us today to get started.