New York Workers’ Compensation Attorneys

Filing a Workers’ Compensation Claim in New York City

At the Harris Firm, LLC, we handle workers' compensation claims for healthcare workers in Queens, the Bronx, and every borough in New York City. With over two decades of experience, our attorneys understand the ins and outs of New York's workers' compensation process. We address the unique needs of injured healthcare workers, develop strategic approaches, and give each client our full attention when pursuing work comp claims in New York.

The workers' compensation process in New York requires strict attention to rules, documentation, and deadlines. Each borough holds workers’ compensation hearings in designated locations, making the process different depending on where you live or work. We guide you through each step—from initial paperwork and filings with the New York State Workers’ Compensation Board to communications with insurance providers.

In New York, almost every employee is entitled to workers’ compensation. If you suffer a workplace injury, illness, or condition, you likely qualify for compensation for certain expenses and losses through the state’s work compensation claims process. But while you have a right to benefits, obtaining those benefits can be challenging.

Filing a workers’ compensation claim can feel confusing and time-consuming, especially if your employer or their insurer disputes your claim. In those situations, hiring a work comp attorney in New York gives you an advantage. At the Harris Firm, LLC, we support injured workers through the entire process, from initial claim to appeals. We are based in Queens but represent workers from all industries throughout the city's five boroughs. Whether your injury resulted from a major workplace accident or a medical condition developed over time, our team is ready to advocate for your rights.

We have a reputation for making insurance companies pay, and we never settle for less than what a claim is worth. Call (718) 487-8669 or contact us online now for a free consultation.

Who Is Covered by Workers’ Compensation in New York?

The New York workers’ compensation system protects nearly all employees, including both part-time and full-time workers. In most cases, the law only excludes a few limited categories.

Contrary to popular belief, New York employees in almost every industry—offices, retail, construction, hospitality, education, and transportation—can access workers’ compensation coverage. All employers operating in New York City must maintain valid workers’ compensation insurance by law.

In New York, the following types of workers are generally not covered by workers’ compensation:

• Independent contractors
• Sole proprietors
• Business owners/partnerships without employees
• Most unpaid volunteers

All other workers in New York have coverage through their employer’s workers’ compensation insurance. If your employer does not have coverage or disputes your eligibility for work compensation claims, reach out to the Harris Firm, LLC as soon as possible.

What Are Common Work Injuries in New York City?

Work injuries in Queens can range from minor cuts, scrapes, and bruises to muscle strains and serious head, neck, or back injuries. Sometimes, workplace accidents can lead to amputations or other permanent disabilities. Pursuing proper work compensation claims in these cases often requires support from a work comp lawyer in New York. The most common workplace injuries include:

• Musculoskeletal injuries – broken or fractured bones, joint sprains and strains, herniated discs, and carpal tunnel syndrome from repetitive motion.
• Traumatic brain injuries (TBIs) – common in construction or environments with moving parts or dropped objects.
• Spinal cord injuries – often happen on work sites with falls or heavy lifting without proper safety measures.
• Burns – ranging from minor to severe, caused by electrical issues or exposure to chemicals.
• Repetitive stress injuries – muscle tension from repeating the same motion without breaks.
• Respiratory diseases – arise from inhaling hazardous fumes or dust, affecting workers in construction, manufacturing, and other trades.
• Mesothelioma – from asbestos exposure, historically a risk in older buildings and certain jobs.
• Carpal tunnel syndrome – from frequent hand use at a computer or with tools.
• Infectious diseases – especially present in healthcare settings where workers interact with contagious patients.

New York City's dense workplaces and active construction sites contribute to a high rate of slip-and-fall accidents, crush injuries, and repetitive strain. The hustle of public transportation and crowded sidewalks also leads to more transportation-related worker injuries. Each borough has a unique industrial mix, and risks may differ by neighborhood and occupation.

Some injuries happen suddenly, like a slip or equipment accident, while others develop over time due to repeated exposure or motion. Workers in Queens, the Bronx, and throughout New York City have the right to seek benefits for work compensation claims. If an employer’s insurer resists paying, or your situation involves a severe injury, talking to a work comp lawyer in New York may help protect your rights.

How Long Do I Have to File a Workers' Compensation Claim in NY?

Injured or ill employees have two years to file claims after an accident or after discovering a work-related illness. This deadline is strict for all types of work comp claims in New York.

Some workers need to appear at or submit documents to the local Workers’ Compensation Board hearing site in their borough before their case can move forward. Regulated industries such as construction or transit require even closer attention to reporting time. Missing the filing period can result in lost benefits, regardless of injury severity.

What Workers’ Compensation Benefits Are Available?

Workers’ compensation law in New York gives claimants access to several types of support, depending on their situation.

Injured employees may qualify for coverage of medical expenses, lost wages, physical therapy, adaptive equipment, or help retraining for a new type of work if they cannot resume their old job. Some claimants benefit from educational retraining while receiving benefits, especially if their old field is too taxing after the injury.

These benefits include:

• Medical benefits: pays for reasonable and necessary expenses such as surgery, hospital and dental care, orthopedic devices, hearing aids, physical therapy, nursing, medications, and sometimes travel costs.
• Temporary disability benefits: covers both temporary total or partial disability if you can’t work, based on wage and state guidelines.
• Permanent disability benefits: available for claimants with long-lasting injuries or impairments, based on a physician’s rating after reaching maximum medical improvement (MMI).
• Vocational rehabilitation benefits: support for retraining, education, or returning to work in a new field for those unable to resume their prior job.
• Death benefits: for dependents if a worker dies from a job-related injury or illness, including coverage for funeral or burial costs (limits vary by county).

Some benefits are ongoing, but lump-sum settlements may be an option in certain cases. If you have questions about your claim, contact the Harris Firm, LLC for a free discussion at your convenience, whether at our office, your home, or the hospital.

What If My Workplace Injury Was My Fault?

Workers’ compensation in New York pays benefits regardless of who caused the workplace injury. If you made a mistake at work, you still retain the right to file work compensation claims in New York.

Employees in busy environments—including Manhattan offices and Brooklyn construction sites—can file a claim without concern about how fault might affect their eligibility. New York's no-fault system allows each claim to be considered fairly so workers can focus on healing.

Can I File a New Claim If I Already Had a Medical Condition and an Accident Makes it Worse?

You can file a claim if a workplace accident made an existing medical condition worse. While a prior condition can complicate work compensation claims, it should not prevent you from seeking benefits. There must be a clear link between work events and the aggravation of your condition to pursue a claim.

In New York, detailed records from your treating physician can help establish the connection between an on-the-job event and changes to your health. Employees with long commutes or physically demanding roles may need to show how the workplace caused a measurable change, especially for chronic joint, back, or respiratory conditions.

What is Not Covered by Workers’ Comp?

The system covers many workplace injuries and illnesses, but there are limits. Workers’ compensation covers only accidents or exposures within the course of employment; it does not cover every incident at or near work.

For example, commuting injuries on public transit typically aren’t covered unless travel is part of your job. Weather hazards such as ice usually aren’t covered unless your work duties make you responsible for that area. Reviewing these limits keeps expectations clear and helps reduce future disputes in work compensation claims.

What Should I Do After Being Injured in the Workplace?

After any workplace injury, first seek immediate medical attention. Call 911 for serious injuries. Report the accident or condition to your employer as soon as possible. If you do not report the incident quickly, your claim may be denied. Complete an official accident report and, if coworkers witnessed the event, ask them to document what they saw as well.

Once you tell your employer, keep a copy of reports and communication. Follow your doctor’s instructions and send necessary medical records to both your employer and the New York State Workers’ Compensation Board. Some boroughs allow in-person or online filing. If you have any questions, reach out for support to make sure you meet every deadline and step in the process.

Is My Employer Allowed to Deny My Claim?

Employers in New York cannot outright deny claims. Instead, they must send your accident report to their workers’ compensation insurer for review. The insurer then approves, denies, or requests more information. Your employer should not tell you directly that a claim is invalid.

Employers risk penalties if they miss deadlines or fail to process reports with their insurer. Our team helps guide you through the process and answers your questions regarding employer responsibilities for work comp claims in New York.

Navigating the New York Workers’ Compensation Board Process

The New York State Workers’ Compensation Board manages most work comp claims and related hearings. When you file, the Board assigns your case, schedules hearings at suitable hearing offices in your borough, and follows procedures to move cases along. Due to heavy caseloads in the city, wait times may change. Participating in a hearing gives you a chance to present your case before a judge who understands the city’s industries.

You will face strict deadlines for providing documents, securing medical records, and attending either in-person or virtual hearings. Missing a deadline can affect your benefits. Our team works with clients so they stay on top of deadlines and paperwork. Good preparation increases your chances for a timely outcome on your workers’ compensation claim.

How Attorney Fees & Payments Work for Work Comp Cases in NY

Attorney fees for work comp claims in New York follow a fee schedule set by state law and always require approval by the Workers’ Compensation Board. You do not pay legal fees up front. If the Board grants an award or settlement, your attorney receives a portion from those proceeds, according to the fee request and Board approval.

At Harris Firm, LLC, we use a contingency fee structure—meaning you pay us only if you receive compensation. The Board reviews all fee requests to ensure fair compensation for both clients and attorneys. This arrangement lets you focus on recovery and relieves financial stress. We provide free consultations so you can evaluate your options before committing.

How Do I Appeal a Denied Workers’ Compensation Claim in NY?

Employers’ insurance companies frequently dispute or deny workers’ compensation claims. Common reasons include:

• The injury didn't happen at work: workers' compensation covers only injuries while performing job duties.
• Failure to notify the employer on time: you must notify your employer of a workplace injury within 30 days.
• Missed filing deadlines: you must file with the Workers' Compensation Board within two years of the accident or discovery of illness.
• Disputes about the cause: insurers may question if the workplace caused the injury.
• Incomplete medical records: missing or inconsistent documentation can result in denied claims.
• Misconduct or self-inflicted injury: injuries resulting from fighting or violating rules usually are not covered.
• Unapproved medical treatment: you must use Board-authorized providers and follow required medical guidelines.
• Lack of cooperation: failure to attend medical exams or respond to required inquiries can halt your benefits.
• Pre-existing condition with no aggravation: injuries due entirely to an existing condition are usually not covered.
• Fraud or misrepresentation: false statements can result in denial and possible criminal penalties.

If your claim is denied, you still have the right to appeal.

In New York City, most hearings and appeals take place at local Board offices. To appeal, you may need to provide new evidence, bring witnesses, or answer questions from an administrative law judge. Since every step involves documents and deadlines, working with a work comp attorney in New York can help you prepare and present your claim correctly.

Appealing work compensation claims can be complex, involving detailed steps, extensive paperwork, and hearings before administrative law judges. At the Harris Firm, LLC, we will help you through every phase, keeping you updated and advocating for your best interests throughout the process.

Common Mistakes When Filing a Workers’ Compensation Claim

The process for work compensation claims in New York is detailed. Avoid these mistakes to prevent delays or lost benefits:

• Failing to report promptly: waiting to report your injury can lead to denial. You must tell your employer within 30 days.
• Neglecting medical care: see a medical professional right away and follow their advice.
• Poor documentation: keep thorough records, including medical reports, accident forms, and witness statements.
• Returning to work too soon: get full medical clearance before returning.
• Handling your claim alone: the process can overwhelm claimants; working with a work comp attorney in New York can help avoid critical errors.

New York handles a high volume of claims each year. The Board reviews every claim, and mistakes can lead to backlogs or a denied application. Good recordkeeping and timely communication with your employer and the Board are key to a successful claim.

How the Harris Firm, LLC Can Help

If you are hurt at work or diagnosed with a work-related health condition, start by seeking medical help right away. Notify your employer within 30 days of injury or diagnosis. Consider consulting a work compensation attorney in New York to discuss your rights and options.

With over 25 years handling work compensation claims in New York, we help clients with every stage—from evidence gathering and paperwork to guiding them through appeals. We handle claims across every borough and understand differences in Board procedures from Queens to Staten Island. Our in-house team keeps your case on track so you get clear communication and direct service. We stay in touch throughout the claims process, keeping you updated and answering your questions.

At the Harris Firm, LLC, we understand the New York workers’ compensation system. Our attorneys bring decades of experience to their practice, along with a proven track record of success in obtaining fair benefits for our clients.

We represent individuals across all industries who have suffered work-related injuries, illnesses, and medical conditions. This includes but is not limited to:

• Construction workers
• Uber, Lyft, and other rideshare drivers
• Restaurant workers
• Healthcare workers
• Transportation workers
• Manufacturing workers

Our multilingual staff can assist you in English, Spanish, Russian, French, Bangali, or another language you are most comfortable with. We have an open-door policy, meaning you don’t need an appointment to speak with us. We offer free consultations, and our contingency fee means you owe us nothing out of pocket. Instead, we collect legal fees only when we help you obtain compensation.

Give us a call at (718) 487-8669 or contact us online to learn how our team can fight for you and the benefits you deserve.