Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. 

Workers’ compensation pays for three things: (1) Lost Wages; (2) medical expenses; and, (3) permanent injury (in some cases). There are also death benefits, which are paid when a worker is killed on the job or dies later as a result of a work-related injury or illness.

First, New York state law requires that you notify your employer within 30 days of your accident about your injury and describe how it occurred. We recommend that you don’t wait for 30 days, but do it as soon as possible. You must put the notice in writing.

Second, the Statute of Limitation to file a Workers’ Compensation claim is 2 years from the date of accident or 2 years from when you knew or should have known of an Occupational Disease illness.

If you’ve encountered a job-related injury or health issue in New York City, you may be contemplating the necessity of hiring a workers’ compensation attorney. Your choice will depend on the extent of your injury, the intricacies of your case, and how your employer or their insurance company responds. We recommend that you consult with a New York Workers’ Compensation Attorney as soon as possible for guidance on your claim and to maximize your benefits and/or settlement. 

If you are fully or partially disabled and unable to work for over seven days, you may be eligible for lost wage benefits. However, Lost wage benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. Required medical treatment will be covered regardless of the duration of the disability.

The sum you are awarded is determined by various elements, including your average weekly income from the prior year and the severity of your temporary medical impairment.

The fees for a New York workers’ compensation lawyer are capped by law. Specifically, the maximum an attorney can charge is 15% of the compensation you receive and/or up to one-third of one of your weekly comp.

If there is an award in your case, any legal fee request must be approved by the Board and will be deducted from the award to you by the Insurance carrier and paid directly to the attorney.