Manhattan Workers’ Compensation Lawyer

When you are injured on the job, the stress can feel overwhelming. Between doctor visits, missed paychecks, and pain, it can be hard to understand how to get help. The workers’ compensation system in New York is designed to protect employees by providing money for medical bills and lost wages. At the same time, they recover from a work-related injury or illness.

Davidoff Law helps injured workers in Manhattan file workers’ compensation claims and get the benefits they deserve. Our firm guides you through each step of the claims process, ensuring every form is completed correctly and every deadline is met.

Our experienced Manhattan workers' compensation lawyer communicates directly with the insurance companies and handles any disputes that may arise. Our law firm helps workers across New York City secure workers’ compensation benefits, allowing them to focus on recovery with confidence.

Understanding Workers’ Compensation in Manhattan, New York

Every year, many injured workers in New York City file claims for benefits after workplace accidents. Workers’ compensation is a no-fault insurance program that protects both employers and employees. It allows workers to get treatment and wage replacement without suing their employer under New York law.

What Is Workers’ Compensation?

Workers’ compensation is a form of insurance that pays for medical treatment, rehabilitation, and part of your lost wages if you are hurt at work. It covers most workplace injuries, such as slips, falls, repetitive strain injuries, and illnesses caused by job conditions. This system makes sure injured employees can heal without worrying about how to pay for medical care or bills.

Who Is Covered Under New York Law?

Most New York City workers are covered under the New York Workers’ Compensation Law (WCL § 10). This includes full-time, part-time, and seasonal employees. Even if you work for a small business, your employer must carry workers’ compensation insurance to protect you. Only a few people, such as independent contractors, are excluded from the coverage.

Common Workplace Accidents in Manhattan

Workplaces in Manhattan are busy, and accidents can happen anywhere — from construction sites to office buildings. Workers’ compensation helps employees who suffer workplace injuries caused by unsafe conditions or accidents.

Construction Site Accidents

Construction workers face some of the most dangerous jobs in the city. Common injuries include falls from scaffolding, equipment malfunctions, and heavy machinery accidents. These cases are governed by New York Labor Law § 200, New York Labor Law § 240, and New York Labor Law § 241(6), often called the “Scaffold Law.” These laws hold contractors and property owners responsible for keeping worksites safe for everyone.

Office and Retail Accidents

Even office employees and retail employees can get hurt at work. Slip and falls, heavy lifting, and repetitive motion injuries like carpal tunnel syndrome are common. Proper training, clean work areas, and working equipment help reduce these risks. However, when injuries occur, workers’ compensation covers medical costs and time away from work.

Healthcare and Hospital Worker Injuries

Nurses, doctors, and hospital staff face daily risks like lifting patients, spinal cord injuries, and exposure to illness. These injured workers often need medical treatment and physical therapy to recover. The workers’ compensation insurance system helps cover their medical expenses and partial pay during recovery.

Delivery Driver and Transportation Injuries

Delivery and transportation workers often suffer from motor vehicle accidents or lifting injuries while performing their job duties. Even if you drive for a New York City company or work part-time, you may still qualify for workers’ compensation benefits.

Steps to Take After a Workplace Injury in Manhattan

After a work-related injury, you should act quickly to protect your right to workers’ compensation benefits. Each step ensures your workers’ compensation claim is processed smoothly.

Step 1: Report Your Injury to Your Employer

You must notify your employer within 30 days of the injury, as required by WCL § 18. Reporting right away ensures the employer’s insurance company can begin its review and helps you collect workers’ compensation benefits faster.

Always make sure your employer gives you written confirmation that they received your report, so you have clear proof the work-related injury was properly recorded.

Step 2: Seek Medical Treatment

Always get medical treatment from a doctor authorized by the New York Workers’ Compensation Board (WCB) under WCL § 13-b. The doctor’s reports will become vital evidence during your claim. Be honest with your doctor about how the injury happened and keep every record from your visits, because they show the full picture of your recovery and support your workers’ compensation claim.

Step 3: File a Workers’ Compensation Claim

File Form C-3 (Employee’s Claim for Compensation) with the New York Workers’ Compensation Board within two years of the accident or diagnosis of your illness, as required by WCL § 28.

Filing correctly helps you secure your workers’ comp claim and ensures your benefits begin on time. Double-check that every detail is accurate before you submit it, since mistakes or missing information can slow the claims process or cause your benefits to be delayed.

Benefits Available Under New York Workers’ Compensation Law

If your claim is approved, you may receive several types of workers’ compensation benefits. These benefits help cover your recovery needs and support your family while you are unable to work.

Medical Benefits

All approved medical treatment related to your injury is covered, including hospital care, independent medical exams, medical appointments, and rehabilitation. You can also get coverage for medical records and travel expenses for doctor visits. These benefits ensure that you get the full medical care you need to heal properly without worrying about paying large medical bills on your own.

Wage Replacement Benefits

You may qualify for weekly workers’ compensation payments if you cannot return to work after your injury.

• Temporary Total Disability (TTD): For workers who are completely unable to work during their recovery period.
• Temporary Partial Disability (TPD): For workers who can return to light-duty or part-time work while still healing.
• Payments usually equal two-thirds of your average weekly wage, up to the state’s maximum limit set by the New York Workers’ Compensation Board.

These benefits help injured employees stay financially stable. At the same time, they recover from a work-related injury, ensuring they can pay for their basic needs and support their families until they are healthy enough to work again.

Permanent Disability Benefits

If your injury causes a permanent injury, such as loss of a limb or long-term limitation, you may continue to receive workers’ compensation benefits for a set period or for life, depending on the severity. These benefits are meant to support workers who can no longer perform their regular job duties because of lasting damage caused by a work-related injury.

Your doctor and the New York Workers’ Compensation Board will review your medical records and decide the level of disability and how long your payments will continue. Having a lawyer ensures that your condition is properly documented so you receive fair and full compensation for your permanent loss.

Death Benefits for Surviving Families

If a worker dies from a job-related injury, the family may receive death benefits under WCL § 16, including weekly payments and funeral costs. These benefits help families cover immediate expenses after the loss.

Dependents, such as a spouse or children, can receive ongoing financial help to replace the lost wages that supported the household. The workers’ compensation insurance system provides this security so families don’t face financial hardship while coping with the emotional pain of losing their loved one.

Common Reasons Workers’ Compensation Claims Are Denied

Not every workers’ compensation claim is accepted right away. Some are denied for technical or factual reasons. Understanding these issues helps injured workers avoid mistakes.

Late Reporting or Filing

When you report your injury too late, your claim may be denied. You must tell your employer about your work-related injury within 30 days and file your claim forms on time under New York law.

Waiting too long makes it harder to prove that your injury happened at work, and the insurance companies may use that delay as a reason to reject your claim. Always report right away and keep copies of every form and letter you send to your employer or the New York Workers’ Compensation Board.

Disputes Over Whether the Injury Was Work-Related

Sometimes, the insurance carrier or employer argues that your injury did not happen while you were doing your job. They may say it occurred outside of work or that a pre-existing condition caused it.

To avoid this, make sure your doctor clearly states in your medical records that the injury or illness is connected to your work duties. New York workers' compensation lawyers can help you collect witness statements or an accident report to show that your injury truly happened while working.

Lack of Medical Evidence

Your claim can be denied if there is not enough proof from a doctor. You must get medical treatment and attend every appointment so there are records of your injury or illness.

The Workers’ Compensation Board and the insurance company both rely on your doctor’s reports to confirm your injury. Keeping all of your medical notes, test results, and receipts helps prove that your workers’ compensation claim is real and that your medical care is still needed.

Employer Retaliation or Misclassification

Some employers try to avoid paying workers’ compensation benefits by saying an employee is not really a worker but an independent contractor. This kind of misclassification is unfair and is a violation under WCL § 120.

Other times, employers may punish or fire a worker for filing a workers’ compensation claim, which is also against the law. If this happens, you have the right to file a complaint with the New York Workers’ Compensation Board and ask for help from a lawyer. An experienced workers' comp lawyer can protect you, prove that you are a real employee, and make sure you get the benefits and fair treatment you deserve.

How a Manhattan Workers’ Compensation Lawyer Can Help

Having a skilled workers’ comp lawyer makes the entire claims process much easier. Your lawyer ensures your paperwork is correct, deadlines are met, and your rights are protected.

Filing and Managing Your Claim

Your attorney files all necessary forms, including Forms C-3 and C-4, and makes sure they meet every New York Workers’ Compensation Board requirement. This prevents delays and ensures you obtain information about your claim quickly.

Gathering Evidence

Your lawyer collects medical records, witness statements, accident reports, and any proof of lost wages to strengthen your claim. This information helps prove that your employment caused your injury and supports your request for full benefits.

Handling Appeals and Hearings

If your claim is denied, your attorney represents you before a Workers’ Compensation Law Judge and handles appeals under WCL § 23. Your lawyer can challenge insurance carrier decisions and present clear evidence of your workplace injuries.

Protecting You From Retaliation

Under WCL § 120, it is illegal for an employer to punish or fire an employee for filing a workers’ compensation claim. Your lawyer can pursue legal representation for reinstatement, back pay, or further financial compensation if retaliation happens.

Frequently Asked Questions About Workers’ Compensation in Manhattan

Who is eligible for workers’ compensation in New York City?

Almost all employees injured in New York City are covered by workers’ compensation insurance, including part-time and seasonal workers.

What if my employer’s insurance company denies my claim?

You can appeal to the New York Workers’ Compensation Board, where your workers’ comp lawyer can represent you at a hearing.

Can I get other benefits besides workers’ compensation?
Yes. Some workers may also qualify for Social Security Disability Claims if their injuries are severe or permanent.

How much money will I receive from workers’ compensation?

Your weekly benefit depends on your earnings before the accident and the type of disability. It can be up to two-thirds of your average weekly wage, up to the maximum compensation allowed by the state.

How does the workers’ compensation process work in New York?

The workers’ compensation process starts when you report your injury to your employer, and they notify their employer’s insurance carrier. Then you file your claim with the New York Workers’ Compensation Board, and the insurance adjuster reviews your case. If approved, you begin receiving cash benefits and coverage for your medical treatment.

Can office workers receive benefits for job-related injuries?

Yes. Office workers who suffer injuries, such as slips, falls, or carpal tunnel syndrome, can file a workers’ compensation claim. Even though office jobs seem safe, repetitive strain or accidents can still happen. The law protects all employees in New York City, no matter where they work.

Can I appeal my claim in court if I disagree with the decision?

Yes. If your case is denied after hearings with the Workers’ Compensation Board, you can appeal to the New York State Supreme Court. An experienced team of workers’ compensation attorneys can help you file the appeal on time and fight for your rights to get the full and maximum benefits you deserve.

Contact Our New York Workers’ Compensation Lawyers for a Free Consultation

If you were hurt at work and need help with your workers’ compensation claim, Davidoff Law is here for you. Our lawyers understand how stressful it can be to deal with the legal process while you are still recovering. We handle everything, from filing forms and talking to insurance companies to helping you get medical care and cash benefits for your recovery.

We also handle personal injury claim cases where someone else’s negligence caused your injury. Our goal is to help you file a successful claim and get the fair compensation you deserve for your pain, lost wages, and medical bills. Contact us today for a free consultation and let our team protect your rights every step of the way.