Workers’ Compensation Claim Process in New York
In New York, workers’ compensation programs provide benefits to injured workers and their families so they can focus on recovery without financial strain. These benefits ensure workers can receive necessary medical care and income replacement during their recovery process. Every New York worker has the right to seek benefits through the state’s workers’ compensation system if they are injured or become ill on the job, even undocumented workers. It’s important to understand the entire process of filing a workers’ compensation claim to ensure you’re fully aware of your rights and legal options if your claim is disputed or denied.
Expertise
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
Quick Links
How To File a Workers' Compensation Claim in New York
Workers’ compensation programs provide financial stability to workers who experience a job-related injury or illness. They pay for lost wages, medical expenses, and benefits to dependents if the injured worker dies, and employers are required by law to carry workers’ compensation insurance or be self-insured to provide these benefits. If you’ve been injured on the job in New York City, follow the instructions below to ensure your safety and begin the workers’ compensation claim process.
Step 1 - Seek Emergency Medical Attention Immediately.
After experiencing a workplace injury or illness, seek emergency medical attention as soon as possible. This may involve dialing 911, visiting the nearest hospital, or visiting your primary care physician.
Step 2 – Report the Injury to Your Employer
Your employer must be notified as quickly as possible before you can begin your workers’ compensation claim. It’s important to notify your employer in writing of your injury or illness within 30 days.
Step 3 – Seek Additional Medical Treatment From an Authorized Provider
If you need additional medical treatment after receiving emergency care, you must be treated by a provider authorized by the New York State Workers’ Compensation Board. You can ask your employer to reimburse you for emergency medical treatment you received after you were injured, regardless of whether the provider is on the list of authorized providers. However, you must wait for your workers’ compensation to be approved before continuing your treatment.
Step 4 – File Form C-3 With the Workers’ Compensation Board
After a workplace accident, you must file an Employee Claim (Form C-3) reporting your injury to the state Workers’ Compensation Board as soon as possible. This form must be filed within two years of your injury or illness for you to receive benefits.
Step 5 – Employer and Insurance Carrier Investigate
Once you’ve notified your employer of your injury, they must notify their insurer within 10 days if you require medical treatment beyond first aid or have lost at least one day from work (other than the date of the accident). Your employer’s insurance carrier may approve the claim, deny it, or request additional documentation before making a decision.
Step 6 – Receive a Decision or Attend a Hearing
If your claim is uncontested, you will begin to receive benefits within 18 days of your employer notifying their insurer of the claim. You will continue to receive benefit payments every two weeks during your disability period.
If your claim is denied or disputed, you may be able to file an appeal or schedule a hearing before a Workers’ Comp Law Judge. It’s important to know that if you wish to dispute the outcome of your claim, you must file an appeal within 30 days. To notify the Workers’ Compensation Board about an issue regarding your claim, you can file a Request for Assistance by Injured Worker (Form RFA-1W).
When Should You Contact a Workers’ Compensation Attorney?
When you submit your workers’ compensation claim, there’s always a chance that it could be denied. This can occur if an employer does not want to pay out a claim due to a potential increase in insurance premiums, or if the employer claims there isn’t enough evidence of your workplace injury. An experienced workers’ compensation attorney can help you navigate the appeals process in both cases. Additionally, if your employer attempts to illegally retaliate against you for filing a claim for workers’ compensation benefits, an attorney can help you fight back.
At Meirowitz & Wasserberg, our attorneys have recovered millions for workers who were injured on the job—whether in construction accidents, falls, machinery malfunctions, or toxic exposure cases. We work tirelessly to help hardworking families stay afloat during some of the most difficult times of their lives. Our workers’ compensation attorneys are ready to fight for the compensation you deserve.
Meirowitz & Wasserberg Recent Workers’ Compensation Settlements
Meirowitz & Wasserberg is a plaintiff-focused law firm built on the principles of personalized client care and an aggressive litigation strategy. We strive to secure the maximum possible compensation for clients, and over the years, our attorneys have recovered more than $500 million in verdicts and settlements for injured people. To learn more about how workers’ compensation is calculated in New York, visit our detailed guide on workers’ comp benefits and calculations. Some of our most successful workers’ compensation settlements include:
- $373,644 in benefits, payable over 400 weeks, for a 9/11 volunteer diagnosed with severe reactive lung disease due to toxic exposure.
- $165,000 full and final settlement for a painter who suffered a head injury after striking the ceiling on the job.
- $125,000 indemnity-only settlement for a telecommunications lineman who was injured in a fall while working in the field.
- $205,000 indemnity-only settlement for a construction worker who fell 14 feet from a broken ladder, with medical benefits left open.
- $233,000 schedule loss of use with ongoing medical coverage for a professor injured in a fall down a staircase.
- $125,000 full and final settlement for a cleaner who sustained a knee injury in a slip and fall accident at work.
- $175,000 indemnity-only settlement for a bus driver injured while lifting a wheelchair ramp, with lifetime medical coverage preserved.
- $212,000 indemnity-only settlement for a 9/11 volunteer who developed a rare, permanently disabling cancer linked to toxic exposure at Ground Zero.
- $111,335.80 schedule loss of use award for a construction laborer who injured both knees in a fall at work, with ongoing medical coverage
Consult a Workers’ Compensation Attorney
If you or a loved one has been injured on the job in New York, the process of pursuing workers’ compensation benefits may seem daunting. With an experienced workers’ compensation attorney by your side, you can focus on healing while your legal team works to get you the payments you deserve. At Meirowitz & Wasserberg, our nationally recognized attorneys have successfully handled countless workers’ compensation cases, recovering millions of dollars for our clients and their families.
Meirowitz & Wasserberg aims to level the playing field between average workers and some of the largest corporations in America. We have the resources, ability, and skill to stand up to companies that prioritize profit over worker safety. If you or a loved one were injured at work in New York, reach out to our legal team today for a free consultation and the help you need to file or appeal your workers’ compensation claim.
Meet our Workers’ Compensation Attorney
AVAILABLE 24/7
Get Your Free Case Review
Workers Compensation Settlements
$373,644
Toxic Exposure
$233,000
Slip & Fall
$205,000
Construction Slip & Fall
$212,000
9/11 Toxic Exposure
The lawyers at Meirowitz and Wasserberg are very professional and stay true to their word. I got immediate help that was needed when I got into a severe construction accident that injured both my rotator cuffs. This firm knows and wants the best for you.
Daniel Choi