New York Workers’ Compensation Attorney: What You Need to Know
If you were injured at work in New York, you may have questions about your rights, your paycheck, medical treatment, and whether you need a workers’ compensation lawyer.
Below are straightforward answers to some of the most common questions injured workers ask about New York workers’ compensation.
What is workers’ compensation in New York?
New York workers’ compensation is the system injured workers must go through to get medical care and lost wage compensation for a work-related injury or illness.
Do I have to prove that my employer was negligent?
No. Workers’ compensation is a no-fault system, so you don’t have to prove that your employer did something wrong to get lost wage compensation and medical care.
The key issue for workers’ comp purposes is whether your injury or condition is work-related. If yes, then it can generally be covered through workers’ compensation.
Do I have to sue my employer to get workers’ compensation?
No. Filing a workers’ compensation claim does not mean you are suing your employer. You are simply seeking benefits available to you under New York’s workers’ compensation system for a work-related injury or illness.
What if I’m hesitant to file a workers’ compensation claim?
It is understandable to feel hesitant, particularly if you have a good relationship with your employer, were recently hired, or are worried about creating problems at work with your boss or coworkers.
But if you suffered a legitimate work-related injury, you have a right to pursue workers’ compensation benefits, which means you don’t have to choose between protecting your health versus protecting your job.
Plus, most employers understand that accidents happen on the job, especially those that are physically demanding. That’s why they have workers’ comp insurance in the first place, so you don’t need to feel guilty about filing a claim to ensure you get the compensation that you deserve and the medical care that you need.
What types of injuries can qualify for workers’ compensation?
Workers’ compensation can cover many different types of injuries and conditions, including both sudden accidents and injuries that develop over time.
Common examples include torn meniscus and ACL injuries, rotator cuff and other shoulder injuries, back and neck injuries, concussions, carpal tunnel syndrome, sprains, strains, fractures, and occupational illnesses.
Can repetitive-use injuries qualify for workers’ compensation?
Yes. A work-related injury does not always happen because of one specific accident.
Conditions such as carpal tunnel syndrome and other repetitive stress injuries can potentially qualify when they develop as a result of your work activities from things like excessive typing, gripping, and twisting.
What benefits can I receive from workers’ compensation?
Depending on the circumstances, workers’ compensation benefits can include lost wage benefits, medical treatment, and compensation for permanent impairment.
In certain cases, surviving family members may also be entitled to benefits following a work-related death.
Can I receive workers’ compensation if I am unable to work?
Yes. If your work-related injury prevents you from working or limits the work you can perform, you may be entitled to temporary lost wage benefits.
The amount of those benefits depends on factors including your average weekly wage (AWW) and how seriously you are injured according to your doctor.
What if my doctor says I cannot work but the insurance company’s “Independent Medical Exam” or “IME” disagrees?
A disagreement between your treating doctor and the one the insurance company sent you to for an “Independent Medical Exam” or “IME” does not automatically mean that you have to return to work or that your benefits should be reduced.
If the insurance company relies on an IME to cut your payments, that issue will often need to be litigated before the New York State Workers’ Compensation Board (“WCB”), which is why having a trusted workers’ compensation lawyer by your side can be so important.
What if the insurance company denies my workers’ compensation claim?
Denied claims are common but are not necessarily the end of your case. If the insurance carrier denies your workers’ compensation claim in New York, this issue can also be litigated before the NY Workers’ Compensation Board.
A good workers’ compensation attorney can fight back against the insurance company’s improper denial of your claim by presenting medical proof that your injury was work-related and making strong legal arguments for why you should receive the full compensation you deserve.
If a judge from the Workers’ Compensation Board decides that your injury was work-related, you could be entitled to significant retroactive compensation for lost wages and have necessary medical care covered at no cost to you through workers’ comp.
What if my physical therapy or surgery is denied?
A denial of physical therapy, surgery, or any other type of medical treatment requested by your doctor does not necessarily mean that you have to accept the decision.
If your treating doctor believes such treatment is necessary, there may be procedures available to challenge the denial.
Can workers’ compensation pay for my medical treatment?
Yes. Workers’ compensation fully covers all medical care that is reasonable and necessary treatment related to an established work injury. This means that you don’t need to pay a single penny out-of-pocket for authorized care such as:
- physical therapy
- diagnostic testing (MRIs, CT scans, etc.)
- medication
- injections
- and surgery if necessary
There are very nuanced rules that apply to medical care as set forth by the New York State Medical Treatment Guidelines (“MTGs”), which a knowledgeable workers’ compensation attorney can help you navigate and understand.
What happens to my workers’ compensation case if I return to work?
Even when you go back to work, your case remains open for necessary medical care and, depending on the type of injury, potentially compensation for permanent impairment such as a “Schedule Loss of Use Award” or “SLU.”
It is also not uncommon for someone to go back to work too soon and then need to go back out of work again for the same injury. In that situation, the additional time lost from work can often still be covered.
What is a Schedule Loss of Use (SLU) award?
A Schedule Loss of Use (SLU) award is compensation for certain permanent impairments involving certain body parts, including:
- Upper extremity (shoulder, arm, hand, wrist, elbow, fingers)
- Lower extremity (knee, leg, ankle, foot, hip, toes)
- Vision Loss
- Hearing Loss
- Disfigurement (facial scarring, etc.)
SLU awards can apply even if you’ve returned to work, or even if you never missed work at all. Sometimes they can be a significant source of additional compensation too, which is why having the right legal guidance matters—you don’t want to leave money on the table or accept less than you may be owed.
What is a Permanent Partial Disability (PPD)?
Permanent Partial Disability benefits can apply to certain permanent injuries that are not compensated through an SLU and that affect your ability to earn a living.
Injuries involving the back, neck, head, brain, and other non-schedule conditions can potentially result in PPD benefits depending on the facts and medical evidence.
What is Permanent Total Disability (PTD)?
Permanent Total Disability benefits can apply in the most serious cases when a permanent injury leaves a worker unable to work.
These cases can involve catastrophic injuries such as severe brain or spinal cord injuries, paralysis, or loss of limbs.
What is a Section 32 workers’ compensation settlement?
A Section 32 settlement is a negotiated agreement that can resolve some or all of the issues in a New York workers’ compensation claim.
Depending on the agreement, you may receive a lump-sum payment in exchange for giving up certain future workers’ compensation benefits related to lost wages, permanent impairment, and medical care.
Should I settle my workers’ compensation case?
A settlement can make sense in some workers’ compensation cases, but it is a major decision because you may be giving up rights to future benefits or medical treatment.
Before accepting a settlement, it is important to understand the value of your claim, your future medical needs, the extent of your permanent injury, and exactly what rights you would be giving up.
Do I need a workers’ compensation lawyer?
It is not required, but legal representation is often highly recommended because the New York workers’ compensation system is very complex and insurance companies sometimes treat injured workers unfairly.
Situations where a workers’ comp lawyer can be most valuable include when:
- your claim is denied
- the insurance company stopped or reduced your payments
- your medical treatment is not getting approved
- the insurance company sends you for an IME
In those situations, a lawyer can help investigate and develop your claim, request hearings, present evidence, make legal arguments, and challenge the insurance company’s denials of your claim or medical care.
Finally, a lawyer can also help you seek compensation for permanent impairment and negotiate a lump sum Section 32 settlement of your claim if appropriate.
How much does it cost to hire a workers’ compensation lawyer?
There is no upfront cost to hire an attorney for a workers’ comp case in New York. Your attorney will only get paid if they recover compensation for you, and even then it is only a percentage (typically 15% or less) and is subject to approval by a judge.
Why do clients choose our workers’ compensation firm?
Clients who hire the Law Office of Michael J. McConnell to represent them on a workers’ compensation case tend to prefer straightforward and personalized representation from an attorney with a proven track record of putting his clients first through clear communication, compassionate legal representation, and strong advocacy.
As a small firm, our clients will always have the same attorney handling their case and will never have to worry about dealing with a rotating team of paralegals or case managers. They will instead work exclusively with their attorney, which makes our firm a great fit for injured workers who want this type of dedicated and personalized legal representation.
As shown by our 5-star Google Review Rating from past clients, the Law Office of Michael J. McConnell has been frequently praised for our exceptional communication, thoroughness, and genuine care for the hard-working people we proudly represent.
Where does your firm handle workers’ compensation cases?
We represent injured workers throughout New York, including: Westchester County, New York City, and Rockland County.
How do I speak with a New York workers’ compensation lawyer?
The Law Office of Michael J. McConnell offers free and confidential consultations by phone on all New York workers’ compensation matters. You can call our office at (914) 810-0510 or sign up for your free initial phone call through the button below.
Disclaimer: For informational purposes only. This is not intended to be legal advice. If you need legal advice, immediately consult privately and confidentially with a licensed attorney in your jurisdiction. Prior results do not guarantee future outcomes.
This page was last updated on August 12th, 2026.