New York Workers' Compensation Basics
Workers' compensation provides medical coverage and partial wage replacement for job-related injuries regardless of fault — and in exchange, you generally cannot sue your direct employer. While comp covers medical treatment and roughly two-thirds of your average weekly wage (up to a cap), it pays nothing for pain and suffering, and insurers frequently dispute the severity of injuries, the need for treatment, and your degree of disability. Getting the benefits you're owed often requires a fight, and we help you wage it.
Third-Party Claims: The Path to Full Recovery
The most important thing many injured workers don't know is that if someone other than your employer contributed to your injury — a property owner, general contractor, equipment manufacturer, or negligent driver — you can bring a separate third-party lawsuit. Unlike workers' comp, a third-party claim allows recovery for pain and suffering and full lost earnings. For construction workers, New York's Labor Law §240 and §241 make these third-party claims especially powerful. Pursuing comp and a third-party case together is the route to complete compensation.
Injured in New York? You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Your case review is free, confidential, and carries no obligation.
Common Workplace Injuries and Industries
Falls from heights and on the same level, being struck by falling objects or machinery, repetitive stress injuries, exposure to toxic substances, vehicle and forklift accidents, and electrocutions. High-risk New York industries include construction, warehousing and delivery, healthcare, manufacturing, and transportation. Each industry and injury type carries distinct legal considerations, which we evaluate to find every avenue of recovery.
Protecting Your Rights After a Work Injury
Report your injury to your employer in writing promptly (New York requires notice within 30 days), seek medical care, and file your workers' compensation claim (Form C-3) within the deadline. Just as important, have an attorney evaluate whether a third-party claim exists — because that is often where the real compensation lies, and those deadlines run separately from the comp system. We handle both tracks so nothing is missed.
Frequently Asked Questions
Generally no — workers' compensation is your exclusive remedy against your direct employer. But you can often sue a third party (a contractor, property owner, manufacturer, or driver) whose negligence contributed, and recover pain and suffering that comp doesn't cover.
Medical treatment for your work injury and roughly two-thirds of your average weekly wage up to a state cap, regardless of fault. It does not pay for pain and suffering, which is why a third-party claim can be so valuable.
Notify your employer in writing within 30 days and file your workers' comp claim within two years. Third-party lawsuit deadlines run separately — typically three years — so have your case reviewed promptly.
Ready to talk to a New York attorney? Call 973-566-5599 any time, or request your free case review online. A legal specialist will reach out within the hour.