New York Workers' Compensation Attorneys

At DearLegal, we connect you with experienced New York workers' comp attorneys who handle claims before the New York State Workers' Compensation Board. From construction trades across the five boroughs (with parallel Labor Law 240/241 claims), to healthcare across Manhattan, Brooklyn, Queens, the Bronx, and Long Island, to upstate manufacturing and agriculture, we'll match you with the right attorney at no cost to get started.

Notice to the employer within 30 days under WCL § 18, and the formal claim (C-3) must be filed within 2 years of the injury or knowledge that the condition was work-related under WCL § 28.

You do. New York is an employee-choice state under WCL § 13-a — workers pick their own treating physician from the WCB's authorized panel. The insurer can require an IME but cannot direct care.

New York attorney fees in workers' comp are subject to Board approval under WCL § 24 — typically in the 15%–20% range on contested benefits. Labor Law 240/241 and third-party tort claims run on standard 33%–40% contingency outside the comp system.

Generally no — exclusive remedy under WCL § 11. But under Labor Law § 11, 'grave injury' (defined narrowly) can support third-party contribution claims. Third-party claims against non-employers (general contractors, owners, equipment makers, negligent drivers) are not barred.

Labor Law § 240(1) ('scaffold law') imposes absolute liability on owners and general contractors for height-related injuries (falls, falling objects) on construction sites. § 241(6) imposes liability for violations of specific Industrial Code rules. Both run parallel to comp as third-party claims with full tort damages — pain and suffering, lost earnings, future earnings — substantially exceeding comp benefits.

Medical treatment, TTD at 66 2/3% of AWW (capped at the state AWW), permanent partial disability under WCL § 15 (scheduled-loss-of-use, classification, and non-schedule), permanent total disability, and death benefits. Schedule-loss awards are paid in a lump sum at MMI.

New York prohibits retaliation under WCL § 120 — a Board claim that can include reinstatement, back pay, and statutory penalty. Damages outside comp are also possible under Reilly v. Reuters.

Why Do You Need a Workers' Compensation Attorney in New York?

New York's Workers' Compensation Law (WCL Ch. 67) is administered by the Workers' Compensation Board (WCB). TTD pays 66 2/3% of AWW under WCL § 14, capped at 100% of the state AWW. New York is an employee-choice doctor state under WCL § 13-a — workers pick their own treating physician from the Board's authorized panel. Notice must be given to the employer within 30 days under WCL § 18, and the claim filed within 2 years under WCL § 28. New York is unique because Labor Law §§ 240(1) and 241(6) create absolute liability for height-related and statutory-violation construction injuries against owners and general contractors — running outside the comp system as third-party claims. Attorney fees are subject to Board approval under WCL § 24. The five-borough construction boom, the largest hospital system in the country, and substantial port/rail (LHWCA/FELA overlap) drive enormous claim volume. An experienced New York attorney secures the right disability classification, develops Labor Law 240/241 claims in parallel, and preserves third-party claims.

When Do You Need a Workers' Compensation Attorney in New York?

Our network includes New York workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in New York

From the moment you connect with a New York workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 30-day notice or 2-year filing deadline under §§ 18, 28

Failing to pursue Labor Law § 240(1) or § 241(6) parallel claims for height-related construction injuries

Accepting state comp when LHWCA (port) or FELA (rail) applies

Accepting a schedule-loss-of-use classification without an IME at MMI

Settling before reaching MMI and addressing future medical needs

Missing a § 29 third-party claim against equipment makers, contractors, or at-fault drivers

Missing the 30-day notice or 2-year filing deadline under §§ 18, 28

Failing to pursue Labor Law § 240(1) or § 241(6) parallel claims for height-related construction injuries

Accepting state comp when LHWCA (port) or FELA (rail) applies

Accepting a schedule-loss-of-use classification without an IME at MMI

Settling before reaching MMI and addressing future medical needs

Missing a § 29 third-party claim against equipment makers, contractors, or at-fault drivers

Common New York Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New York Workers' Compensation Attorneys Cost?

15%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

New York workers' comp attorney fees are subject to Workers' Compensation Board approval under WCL § 24, typically running 15%–20% of contested benefits. Labor Law § 240(1)/§ 241(6) construction claims and third-party tort claims (motor vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your New York Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under WCL § 13, including future medical when needed for the work injury.

Temporary Total Disability (TTD)

66 2/3% of average weekly wage under WCL § 14, capped at 100% of the state average weekly wage.

Schedule Loss of Use (SLU)

Lump-sum awards under WCL § 15(3) for permanent loss of use of specific body parts (arm, leg, hand, foot, fingers, toes, eyes, hearing).

Classified Permanent Partial Disability

Non-schedule injuries classified at marked, moderate, mild, or temporary partial — paying weekly benefits with caps under WCL § 15(3)(w) and (4).

Permanent Total Disability (PTD)

66 2/3% of AWW for life under WCL § 15(1) when the worker can't return to gainful employment.

Death Benefits

Weekly benefits to surviving spouse and dependents under WCL § 16, plus burial expenses.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in New York?

When Do You Need a Workers' Compensation Attorney in New York?

Types of Workers' Compensation Cases in New York

Common New York Workers' Compensation Mistakes

How Much Do New York Workers' Compensation Attorneys Cost?

What Can Your New York Workers' Compensation Compensation Include?

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