Dervishi Law Group, P.C Logo
Call (718) 484-4757
Text (917) 496-8342
Free Case Evaluation Available 24/7
Call Now

Workers’ Compensation Lawyers in New York

Workers’ Compensation Lawyers

Most injured workers do not know, nor would their employers voluntarily divulge this information to them, that the Workers’ Compensation Board is not the only place an injured worker can turn to for compensation after a debilitating injury. Workers’ Compensation prevents a worker from bringing a personal injury claim against his or her employer but that does not mean that the worker cannot make a claim for lost wages and medical expenses they incurred as a result of an injury on the job.

Some notable victories from Dervishi Law Group, P.C in NY:

  • $165,000.00: A worker fell from a ladder, injuring his neck.
  • $160,000.00: A worker sustained an injury when a cellar door closed on his foot.
  • $2,900,000.00: A janitorial worker sustained an injury when an air conditioner fell on his head.
  • $280,000.00: A home health aide injured her wrist when a window closed too fast.

Furthermore, Workers’ Compensation does not block a lawsuit for injuries against third parties. We will investigate whether any negligence was caused by a third party — a personal company, which is not the worker’s employer. Determining whether your injury was caused by a third party can be tricky because there are complicated New York rules of what is defined as ’employment’. Feel free to contact Dervishi Law Group, P.C., and work with an attorney to determine if your Workers’ Compensation claim is your only source of compensation.

Workers’ Compensation Lawyer Near Me in New York

In 2022, the U.S. Bureau of Labor Statistics (BLS) recorded more than 2.8 million non-fatal workplace injuries (138,900 of which occurred in New York). The vast majority of these injuries happened in the construction, transportation, and warehousing industries.

If you’re one of millions of Americans who injured themselves at work, help is available from a workers’ compensation lawyer near me. Below, learn how a workers’ compensation lawyer in New York can help you.

What Does Workers’ Compensation Cover?

If you temporarily cannot work after your injury, you’ll be relieved to know that workers’ compensation covers a portion of your lost wages. Exactly how much you qualify for depends on the duration and severity of your injury. From July 1, 2024, through June 30, 2025, the maximum benefit amount is $1,174.46 per week.

Workers’ comp will also pay for all accident-related medical expenses. Did you need a ride to the emergency room? That’s covered. Had to spend weeks in the hospital until you were well enough to go home? This is covered as well. You can even request reimbursement for mileage driven to medical appointments.

If your immediate family member perished in an accident, workers’ compensation provides death benefits. It covers burial and funeral expenses, plus the deceased’s final medical bills. It also pays weekly cash benefits to surviving dependents (spouses and children).

Are You Eligible for Workers’ Compensation?

Are You Eligible for Workers’ Compensation?

Don’t make the mistake of assuming you qualify for workers’ compensation just because you were injured. First, to claim benefits, your employer must be required by New York law to have workers’ compensation insurance. Second, you must be an employee of said employer (not an independent contractor).

You must also have sustained an injury at work. You can’t claim workers’ comp benefits for pre-existing conditions (unless you can prove your job worsened your pre-existing conditions).

Assuming you meet these requirements, you must notify your employer of the injury within 30 days. If you miss the deadline, you’ll become ineligible to claim benefits.

Unsure whether you meet the eligibility requirements? Contact a workers’ compensation lawyer near me now.

Filing a NY Workers’ Compensation Claim

You meet the above criteria and are ready to file a workers’ compensation claim. To do so, you’ll need to fill out Form C-3 and send it to the New York Workers’ Compensation Board within two years of your injury.

The fastest way to file Form C-3 is to do so online. If you prefer, you can also send Form C-3 by mail or apply for benefits at your nearest Workers’ Compensation Board Office.

When completing Form C-3, you’ll need to supply:

  • Your employer’s name and address
  • Information about any other employers you worked for at the time of the accident
  • The name and address of the physician who provided your first treatment
  • Your average gross wages (before taxes) per pay period

Contact a nearby workers’ compensation lawyer if you need help filling out Form C-3.

In addition to submitting Form C-3, your employer must send Form C-2 to the Workers’ Compensation Board. You must also ask the doctor who provided your initial treatment to send Form C-4 to the same office within 48 hours of the injury.

What To Expect After Filing Your Claim

After filing Form C-3, your employer’s workers’ compensation insurance company will mail you a letter explaining your rights. Once the insurer approves your claim, it will start paying benefits within 18 days of the date of your injury.

If you’d like to track the status of your claim, you can do so online via eCase. You may also call (877) 632-4996.

Why Does Workers’ Comp Want an Independent Medical Exam?

In some cases, workers’ compensation might ask you to undergo an independent medical examination (IME). This may happen if:

  • The insurer wants to know if your injury will prevent you from working
  • The insurer believes your injury didn’t happen at work
  • You have pre-existing conditions, such as a previous traumatic brain injury
  • The insurer wants to see whether you’ve reached maximum medical improvement (MMI)

If you’re concerned about the results of an IME, reach out to a workers’ comp lawyer in my area now.

How To Handle Workers’ Compensation Denials

Workers’ Compensation Lawyers

If everything looks good, workers’ compensation should begin paying benefits without any fuss. However, workers’ compensation denials are not uncommon.

Why might workers’ comp deny your claim? Here are a few reasons:

  • You didn’t report the injury to your employer within 30 days.
  • You, your employer, or your doctor missed a filing deadline.
  • You have pre-existing conditions.
  • You purposely injured yourself at work.
  • You injured yourself by engaging in horseplay on the job.
  • You had an accident due to alcohol or drug use.

If workers’ comp has denied your claim, a workers’ compensation law firm nearby can take your case before an administrative judge. If you don’t like the judge’s decision, you can file an appeal with the Workers’ Compensation Board. Should this still yield unsatisfactory results, you may file yet another appeal with the New York State Appellate Division.

Filing an appeal is quite complicated. Doing so yourself is possible, but you’ll likely have a better outcome if you retain legal counsel from the closest workers’ comp lawyer near you.

Do You Need a Local Workers’ Comp Attorney?

If everything goes smoothly, you don’t need a workers’ comp attorney to claim benefits. However, workers’ comp claims can be fraught with pitfalls that cause the insurer to deny you compensation.

Let’s go over a few situations in which it would be helpful to have an attorney.

The Insurance Company Says You Weren’t Hurt at Work

You know you suffered an injury at work, but the insurance company says otherwise. This is very frustrating. How can you prove your injury happened on the job?

A workers’ compensation lawyer near you can help you gather the evidence you need. This might include witness statements, video footage, and medical treatment records.

Your Employer Is Preventing You From Claiming Benefits

Some employers will try to prevent you from claiming benefits because their insurance premiums will increase if you do. After you report an accident, they might fail to file a claim with their insurer. Worse, some employers might threaten you with retaliation if you try to collect benefits that are rightfully yours.

If your employer is making it hard to claim benefits, you need help from a workers’ comp attorney.

A Third Party Is Liable for Your Injury

New York law prohibits you from suing your employer if they offer workers’ compensation. However, you’re free to sue a third party (such as an engineer, property owner, or contractor) if you can prove they caused your injury.

Quick Contact

Practice Areas

Recent Posts

Contact Info

Address 1:
2322 Arthur Ave., Suite 3A
Bronx, New York 10458

Address 2:
18 East 41st. Street, 6th Floor
New York, NY. 10017

Office: (718) 484-4757 
Cell: (917) 496-8342
Fax: (718) 484-4758

Contact Us

To arrange a consultation with a Workers’ Compensation attorney in Connecticut, please contact Dervishi Law Group, P.C. today. You can call us at (718) 484-4757 , (917) 496-8342 or email: fdervishi@dervishilaw.com.

Consent