NYC Workers' Compensation Lawyer
Workers’ compensation is designed to protect companies and businesses by limiting their liability if an employee is injured in a workplace accident.
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
- Why Choose Meirowitz & Wasserberg?
- New York Workers’ Comp Case Results
- New York Client Reviews
- Who’s Eligible for Workers’ Compensation in NYC
- What Does Workers’ Compensation Cover?
- How Long Do I Have to File a Claim?
- What Happens If My Claim Is Denied?
- Reasons for Workers’ Comp Claim Denial
- Injured Worker Rights in New York
- NYC Workers’ Compensation Independent Medical Examination (IME)
- Schedule a Free Case Review Today
- Our Workers’ Compensation Attorneys
If you or someone you know has been in a workplace accident or received an injury while working in New York City, contact the experienced workers’ compensation lawyers at Meirowitz & Wasserberg, LLP, for help navigating the process from start to finish.
What advice do you give clients who are worried about retaliation from their employer for filing a claim?
"Workers' compensation is the exclusive remedy for injuries at work. So, technically, you can’t treat through your own insurance. If the injury turns out to be worse than you think and becomes expensive later, you’ll be in trouble. That's something they should be aware of.
But also, the law protects them if they file the case. We’ll get them medical treatment and wage replacement benefits, so they shouldn’t be afraid to move forward. "
Why Choose Meirowitz & Wasserberg Workers’ Compensation Attorneys in New York?
At Meirowitz & Wasserberg, our experienced workers’ compensation attorneys in New York have more than 30 years of proven experience standing up to employers and insurance companies on behalf of injured workers. As successful trial lawyers with over $360 million in compensation recovered, we have the knowledge and will to overcome uncooperative employers and their insurance companies.
We started our New York personal injury law firm because we wanted everyday people to have a local law firm where they could receive high-quality legal representation from attorneys who take a personal interest and treat them like family. Our attorneys have received national recognition as Super Lawyers and Top 100 National Trial Lawyers.
When you have our New York workers’ comp attorneys working for you, we handle your case with the utmost care and attention it deserves. We are committed to helping you exercise your right to compensation when you are injured while trying to make a living.
We are deeply familiar with New York workers’ compensation laws and the process of securing compensation. Whether you need to file an initial workers’ compensation claim or appeal a decision, you can count on us to do whatever it takes to get you the benefits you deserve.
New York Workers’ Compensation Case Results
Meirowitz and Wasserberg’s New York attorneys have obtained millions of dollars in compensation for injured workers. Recently, we secured a $3,400,000 settlement on behalf of a Navy Boiler Tender who became a boiler-room operator and contracted mesothelioma but could not testify on his own behalf. Some of our other successful workers’ compensation case results 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.
New York Client Reviews
Who is Eligible for Workers’ Compensation in NYC
So, basically, anyone who is employed is eligible for workers’ compensation. However, there are some categories of workers who are not. Self-employed individuals, business owners, gig economy workers in some types of jobs like DoorDash drivers or other types of gig workers may not be covered. Certain public sector workers are not covered, including uniformed members of the NYPD and FDNY, sanitation workers, teachers in the New York City schools, and railroad workers. Federal employees are also not covered.
Several requirements and guidelines must be met to be eligible for workers’ compensation in New York. The primary requirements for obtaining workers’ compensation are:
- Working in the state of New York.
- Being employed by an organization or business within the state.
- Being injured while on duty, whether or not the injury occurs at your place of employment or while carrying out your work duties in another location, such as while traveling between job sites or performing work at another site.
Surviving family members of deceased workers are eligible for workers’ compensation death benefits if a workplace injury is fatal and the worker meets the above criteria before death.
What Does Workers’ Compensation Cover?
Workers’ compensation is a no-fault insurance system that provides disability benefits, wage replacement, and compensation for the cost of medical treatment for your work-related injury or illness.
Medical Treatment
The employer’s insurer must pay for reasonably necessary medical costs to treat your workplace illness or injury. You have a right to choose your own health care providers, but you must choose from the list of providers maintained by the state Workers’ Compensation Board. It is illegal for an employer to pressure you to choose a particular provider or interfere with your choice. Medical treatment under workers’ compensation may include such services as:
- Medical care
- Dental care
- Surgery
- Optometric care
- Attendant care
- Nursing care
- Hospitalization
- Medications
- Assistive devices
This is not an exhaustive list. Any medically necessary services related to your work-related injury or illness may be included.
Disability Benefits
Disability benefits are weekly payments to replace a portion of your lost wages while you cannot work because of an occupational injury or illness. Eligibility begins seven days after your injury. Your payment amounts will be based on your average weekly wage during your last year of employment. You will generally receive two-thirds of your average weekly wage, up to the maximum set by law.
The duration of benefits varies based on whether you are totally or partially disabled and on whether your disability is temporary or permanent, as shown in the table below:
Type of Disability Benefit | Duration of Benefit |
Permanent total disability | As long as the disability continues |
Temporary total disability | As long as the disability continues |
Permanent partial disability | 15 to 312 weeks, depending on the type of injury, or up to 525 weeks if your earning capacity is permanently reduced |
Temporary partial disability | As long as the disability continues |
The weekly payment for temporary partial disability will be reduced by any wages you earn during the disability period. If your injury results in permanent facial scarring or disfigurement, you may be eligible for up to $20,000.
Death Benefits
If your loved one dies from a work-related injury or illness, you may be able to continue receiving the worker’s compensation benefits if you are a surviving spouse or dependent child of the worker. A dependent child is a child under 18, a child under 23 attending college, or a disabled child at any age.
If your loved one died before filing a claim, you may be able to file a new claim for death benefits, which include funeral expenses and two-thirds of the worker’s average weekly wage during the year preceding death, divided among the surviving spouse and dependent children, as shown below.
Surviving Family Members | Benefits to Spouse | Benefits to Dependent Children |
Spouse only | 66⅔% | N/A |
Children only | N/A | 66⅔% divided equally between all |
Spouse and children | 36⅔% | 30% divided equally between all |
When children lose their dependency status, their benefits cease, and spousal benefits increase to two-thirds. If the spouse passes away, the spouse’s benefit will be divided equally between the dependent children. If the spouse remarries, workers’ compensation pays two years of spousal benefits in a lump sum and ends spousal benefits.
How Long Do I Have to File a Claim?
Well, anytime you have an injury at work, even the most minor injury, the first thing you should do is report it to your employer. That’s really necessary, and it’s required that you report it within 30 days. Then, you do have up to two years to file a claim, but really if you’re injured, you should file the claim as soon as possible. Especially if you’re out of work, you are entitled to lost wage benefits and to free medical treatment for your injuries.
If you’ve been injured on the job in New York City, follow these instructions immediately to ensure your safety and kick off the workers’ compensation claim process:
Immediately seek medical attention. If you are seriously injured, dial 911 right away in an emergency. You can also visit the nearest hospital or schedule an appointment with your primary care physician if your injuries are not severe.
Within 30 days, notify your employer. Your employer must be notified as quickly as possible before you can begin your workers’ compensation claim. This is absolutely essential and cannot be overlooked.
You have two years from the date of injury to file a claim according to the statute of limitations in New York.
Appeal your claim decision if necessary. If there are any snags with your workers’ compensation claim or if you wish to dispute the outcome, you should appeal any decisions made within 30 days.
What Happens If My NYC Workers’ Compensation Claim Is Denied?
So, if your claim is denied, some of the common reasons that it might be denied are; that they’re saying you weren’t an employee of the company that you’re filing it against. Or, that it was a pre-existing condition, or that you didn’t have an accident, or it was a pre-existing condition. These are common reasons. It’s really important that you get an attorney to advocate for you because the insurance company and your employer are going to have an attorney working for them, and you need someone in your corner.
When you submit your workers’ compensation claim, there’s always a slight chance that your claim could be denied. If this happens, what should you do?
From the date of your workers’ compensation claim’s denial, you have 30 days to appeal. With the help of a good attorney, you can make this process painless, simple, and straightforward and receive the justice and compensation you deserve.
Requesting a Hearing
If your workers’ compensation claim has been denied, you have several options to address the issue, including requesting a hearing with a Workers’ Compensation Law Judge. To request a hearing, you and your attorney must file Form RFA-1.
Gathering Evidence
After requesting a hearing, gather evidence like medical records, witness statements, photos, videos, and any other documentation to establish the extent of your injuries.
Attending Your Hearing
The Workers’ Compensation Board will then evaluate your case at a hearing where you can present your evidence and question the company’s witnesses. After the hearing, the judges will provide a written decision either granting your benefits or denying your claim. If your claim is denied again, you can request a review by the Workers’ Compensation Appeal Board.
Requesting a Review by the Appeal Board
You can request an appeal from the Appeal Board within 30 days of the judges’ decision on your claim. The Appeal Board will then review the evidence presented in your hearing and make a decision.
Filing an Appeal with the State Supreme Court
If the Appeal Board upholds the judges’ denial of your claim, you can file a petition with the Appellate New York State Supreme Court within 30 days. The Appellate Court will then review the evidence and issue its own decision.
Reasons for Workers' Comp Claim Denial
One of the most common reasons for workers’ compensation claim denial is when an employer does not wish to pay out a workers’ compensation claim because of the potential increase in insurance premiums. Whenever a workers’ compensation claim pays out, the employer will likely face increased insurance charges.
Another common reason for denial is when an employer states that there isn’t enough evidence for your workplace injury. Most of the time, it is claimed that there is inadequate documentation of your workplace accident, and the employer doesn’t have records to show what exactly occurred.
In both cases, an experienced workers’ compensation attorney can help you navigate the process and assist you with winning your appeal.
Your Rights as an Injured Worker in New York
New York’s workers’ compensation law was passed to help injured workers by providing support when they are injured at work. Workers’ compensation is a no-fault insurance program that is meant to provide injured workers with fast access to medical care and compensation without having to sue their employer.
Regardless of how your injury occurred, you have a right to recover compensation as long as you were on duty and the injury did not stem from intentional conduct or the influence of drugs or alcohol. This includes injuries that occur during extracurricular work activities, such as sports activities sponsored or required by your employer, or at high-risk jobs like construction sites. Our NYC construction accident lawyers can help if you suffered an injury at a construction site.
The right to compensation is the same for citizens and noncitizens. If you have a language barrier, the state Workers’ Compensation Board must provide documents translated into your language and interpretation services as needed.
Minors employed illegally who are hurt on the job are entitled to double compensation, and in the event of death, their families are entitled to double death benefits. The employer—not their insurance company—must pay the extra benefits.
Protection Against Retaliation
You have a right to file a workers’ compensation claim without fear of retaliation. An employer cannot fire you, demote you, or otherwise penalize you for filing a claim or testifying on behalf of another employee who has filed a claim. If you believe an employer has retaliated against you, you have two years from the date of the adverse action to file a complaint with the Board of Workers’ Compensation.
If the board finds in your favor, it must order the employer to reinstate you to your previous position, pay rate, benefits, and privileges, and pay any compensation you should have received during the period of retaliation. Our experienced New York workers’ compensation attorneys can protect you from further retaliation and file your claim on your behalf.
NYC Workers’ Compensation Independent Medical Examination (IME)
Your employer or insurance company may require you to undergo an independent medical examination at any time after you file your claim, even if you have already started receiving benefits. If you refuse to undergo this examination, you can lose your benefits until you attend. An independent medical examiner is a licensed physician who has not previously been involved in your case.
IMEs are sometimes biased in favor of the insurance company. In the past, state government agencies have found that “independent” medical examiners are often incentivized by insurance companies to downplay patients’ disabilities. This can wrongly give the insurance company grounds to deny medical care, reduce your benefits, or stop them altogether. You might not even receive a copy of the report. IMEs may also be less qualified than your workers’ compensation doctor and may not specialize in workplace injuries.
If your benefits were reduced or denied due to an independent medical examination, you should consult an attorney to protect your rights. Overcoming the examination results can be challenging, but when you have our experienced attorneys on your side, you can rest assured that we have the skills and experience to restore your benefits to the level you deserve, where possible.
Schedule a Free Case Review Today
If you or your loved one were injured on the job, you shouldn’t have to wonder how you will support yourself or your family while the injury keeps you out of work. Our compassionate and skilled New York workers’ compensation lawyers pride themselves on representing people rather than corporations. We know what it takes to secure the compensation you are legally entitled to. Contact us online or call (866) 918-4039 to schedule your free consultation.
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$200,000
Personal injury settlement
$235,000
Slip and fall injury
$675,000
Product liability injury
$555,000
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Practice Areas
- New York Personal Injury
- New York Car Accidents
- New York Truck Accidents
- New York Motorcycle Accidents
- New York Bicycle Accidents
- New York Pedestrian Accidents
- New York Construction Accidents
- New York Slip & Falls
- New York Wrongful Death
- New York Mesothelioma
- New York Train Accident
- New York Burn Injury
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