by Andrew Weitz

Workplace Injuries: Navigating Workers’ Compensation Claims

Every year, countless New York City workers suffer injuries or work-related medical conditions on the job. Whether you’re injured while working on a high-rise in Manhattan or in a warehouse in Queens, workplace injuries can devastate your life physically, emotionally, and financially.

Fortunately, NYC has some of the strongest workers’ compensation protections in the nation, and you don’t have to fight for justice on your own. In this article, we break down everything you need to know about NYC workers’ compensation, from filing your initial claim to getting the benefits or compensation you deserve.

Common Workplace Injuries in NYC

Each industry brings its specific risks, workers in all sectors face the risk of workplace injuries in NYC. While construction workers are particularly at risk of falls from scaffolding and heights, even office workers aren’t safe from injuries and work-related medical conditions.

Here’s a rundown of common injuries across all industries:

Back and neck strains
Slip and fall accidents
Repetitive motion injuries
Stress-related conditions
Exposure to hazardous materials

Unfortunately, some workers pay the ultimate price. The latest statistics available from the U.S. Bureau of Labor Statistics show that 83 workers died in NYC due to work injuries in 2022.

Remember, if you’ve been injured at work or a loved one died in a work accident, you have rights and could be entitled to benefits and compensation. A workers’ comp lawyer in NYC can assist you with your claim and help you get what you deserve.

Understanding Your NYC Workers’ Benefits

Most employers in NYC must have workers’ compensation insurance for employees. As an employee, you’re entitled to specific benefits if you’re injured at work. Here’s what you need to know about workers’ comp benefits:

Medical Benefits. Necessary medical treatment is fully covered and may include doctor appointments, hospital stays, medications, and physical therapy. You can choose your own doctor as long as they’re authorized by the NY Workers’ Compensation Board.
Lost Wage Benefits. In NYC, you can receive up to two-thirds of your average weekly wage. Benefits typically begin after a 7-day waiting period unless your disability lasts more than 14 days, when you’ll be paid for that first week too.
Permanent Disability Benefits. If your injury results in permanent limitations, you may qualify for ongoing benefits. The amount depends on the body part affected and the degree of disability determined by your doctor.
Survivor Benefits. Surviving dependents of a worker killed on the job typically qualify for death benefits under workers’ comp. Benefits may include funeral and burial costs and weekly payments to dependents.
Additional Coverage. You may qualify for additional benefits, including travel expenses to and from medical appointments and assistance with vocational rehabilitation.

Workers’ comp benefits in New York have strict filing deadlines. It’s essential to notify your employer within 30 days of the accident and file a claim within two years to protect your rights to these benefits.

How to File a Workers’ Compensation Claim in NYC

While the days after a workplace injury in NYC can feel exhausting and overwhelming, it’s crucial to focus on your claim as soon as possible. Taking the necessary steps gives you the best chance of receiving NYC workers’ compensation benefits. Here’s your action plan:

Immediate Steps

If you are able, take the following steps immediately (within 24 hours) after your workplace injury:

Get medical help
Report the injury to your supervisor or employer (within 30 days)
Take photos of your injury and the accident scene
Get the names and contact information of any witnesses

Filing Your Claim

NYC workers have up to two years to file a workers’ comp claim. Here are the steps for filing a claim:

Fill out Form C-3 (Employee’s Claim for Compensation)
Submit the form to the NY Workers’ Compensation Board
Keep copies of all the paperwork
Make sure your doctor files Form C-4 (Doctor’s Initial Report)

Documenting Your Road to Recovery

Gathering evidence for your NYC workers’ comp claim can be crucial and help you recover the benefits you need and deserve:

Keep a record of all medical appointments
Save receipts for medications and other out-of-pocket expenses
Note days missed from work
Retain all communication with your employer or their insurance company

If your employer or their insurance company starts giving you pushback, or if your claim is denied, don’t wait to seek advice from an experienced workers’ comp lawyer in NYC. Small mistakes in this process can cost you the benefits you need to manage your life.

A NYC Workers’ Comp Lawyer Can Help You Get Benefits

It’s well known that insurance companies try to minimize NYC workers’ compensation claims. However, there can be other challenges, such as employers pressuring you to return to work too soon or a single mistake in your paperwork delaying your benefits. Here’s how an experienced NYC workers’ comp lawyer can fight for you:

Negotiating with insurance companies who try to lowball your claim or deny it outright.
Ensuring your paperwork is “bulletproof” and filed on time.
Gathering crucial medical evidence to prove the full extent of your injuries.
Protecting you from employer retaliation if they try to punish you for filing a claim.
Identifying additional ways to recover compensation, such as a personal injury lawsuit.
Handling all the legal details so you can focus on healing
Help you through the appeals process if your workers’ comp claim was rejected

Think You Can’t Afford a Lawyer?

Workers’ comp attorneys typically work on a contingency fee basis, meaning they only get paid when you win your case. In other words, you only pay if you receive benefits. Plus, working with an attorney typically leads to significantly higher settlements than trying to handle your claim alone.

Don’t let unethical insurance companies take advantage of you when you’re at your most vulnerable. Get a NYC workers’ comp lawyer into your corner who can protect your rights and prevent you from getting shortchanged.

Ineligible for Workers’ Comp? Here Are Your Options

If your employer isn’t covered by workers’ comp insurance or you’re an independent contractor, you could have other options to recover what you deserve after a work injury.

File a Claim with the Uninsured Employers’ Fund. This fund provides benefits to employees whose employers are
File a Personal Injury Lawsuit. You may be able to file a personal injury lawsuit directly against your employer (if they don’t have workers’ comp) or a third party that negligently caused your injuries.

A workers’ comp lawyer in NYC can help you identify all options for recovery, including workers’ comp, the Uninsured Employer’s Fund, or a personal injury lawsuit.

Berkowitz & Weitz Law, P.C. Fights for Injured NYC Workers

When a severe work injury turns your life upside down, you’ll need professional help to protect your best interests and recover the benefits you and your family need. Berkowitz & Weitz Law, P.C. has your back.

We understand your concerns, whether it’s getting medical treatment approved or making ends meet while you are out of work. If your initial workers’ comp claim was rejected or you are ineligible, we can help. The sooner you talk to us, the sooner you can receive the benefits you need to move forward.