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Workers' Compensation

Comp covers you regardless of fault — and it is often not the only claim you have.

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What you need to know

New York workers' compensation is a no-fault system: if you are injured in the course of your employment, you are entitled to medical treatment and wage replacement whether or not anyone was careless, and whether or not you contributed to the accident. In exchange you generally cannot sue your employer.
  1. 01

    The deadlines are short and unforgiving.

    Notice to your employer should be given within 30 days, and the claim (form C-3) filed with the Workers' Compensation Board within two years. Retaliation for filing is illegal under Workers' Compensation Law § 120.

  2. 02

    What most injured workers are never told is the third-party claim.

    If someone other than your employer contributed to the accident — the owner or general contractor of a site, a subcontractor from another trade, the driver who hit your work van, the manufacturer of the machine that injured you — that is a separate lawsuit for pain and suffering, which comp does not pay at all. The comp carrier will have a lien on that recovery, and negotiating the lien down is a substantial part of the value of a well-handled case. Several of this firm's published recoveries arose from workplace injuries handled this way, including $2,800,000 for a truck driver injured loading a truck and $150,000 for a warehouse worker struck by a hi-low.

What these cases involve

Medical treatment and wage benefits

Covered regardless of fault, once the claim is properly filed.

Denied and controverted claims

Insurers dispute causation and prior conditions routinely; hearings before a law judge follow.

Third-party lawsuits

Against anyone other than your employer — the source of pain-and-suffering compensation.

Construction site injuries

Comp plus a Labor Law 240/241 case. See our construction accident page.

Schedule loss of use awards

A separate award for permanent loss of use of a limb, hand, foot, eye or ear.

Comp lien negotiation

How much of the third-party recovery you keep depends on how the lien is handled.

Verdicts and settlements

Recoveries obtained by this firm

  • $7,500,000

    Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.

  • $2,800,000

    For a truck driver who twisted his back loading a truck causing lumbar herniated disc which required surgery.

  • $150,000

    Verdict obtained in favor of a warehouse worker who was struck by a hi-low vehicle. Case was appealed by defendant twice, both being unsuccessful, including a verdict which was overturned by the trial judge being reinstated by the Appellate Division.

All results

Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.

Common questions

Not answered here? A lawyer will answer it, free and at any hour.

Ask us directly
Can I be fired for filing a comp claim?
No. Retaliating against an employee for claiming workers' compensation is prohibited by Workers' Compensation Law § 120.
Can I sue my employer?
Almost never — that is the trade-off for no-fault benefits. But you can sue a third party who contributed to the accident, and that is where compensation for pain and suffering comes from.
The insurer stopped my benefits.
That is a dispute for the Workers' Compensation Board, and there are hearing procedures to challenge it. Do not simply stop treating.
I am undocumented. Am I covered?
Yes. New York workers' compensation covers employees regardless of immigration status.

In their words

What our clients say

5.0 from 90 Google reviews
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No complaints at all. Everything went according to what they said and I’m thankful for their representation.
M M
★★★★★
If there was more than 5 stars Seth Fields and his associates would get them all. Mr. FIelds went to trial with a jury in Suffolk Cty Riverhead Supreme Ct & won w/ a verdict in minutes for 100% Liability. The defense worked with Mr. FIelds in a settlement before the damages trial began. I would stop here searching any further & contact Seth Fields if you want a Smart, Attainable for your questions, concerns, Empathetic to your needs but a Bull Dog with your case, then you found your attorney.I can’t thank you enough for all your long hours, weekends, holidays that you put into 7 yrs of all my medical, motions, hearings & trial etc. WE WON! You did it and obtained a large settlement that I couldn’t be more happy after this long tough journey. I would refer everyone to you that has a case that needs fighting for. 🙏
Kristen Parker
★★★★★
The most amazing, professional and knowledgeable with great communicators with injury law, and I highly recommend that there is no reason for second and third opinions on procuring a law firm with their experience and know how. They are second to none. My time was precious, and they respected every minute of it. Thank you!
Robert Hendy

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Where we handle these cases

Workers' Compensation lawyers by location

The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.

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