Workers' Compensation in New York is a no-fault system — your employer's policy covers medical care and partial wage loss regardless of who caused the injury. But the system caps your recovery. If a third party (not your employer) also caused the accident — equipment maker, property owner, general contractor — you have a separate personal-injury suit, AND you can collect both.
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Form C-3 (employee claim), Form C-2 (employer's report), medical evidence (M.D. opinion), wage records. For construction injuries, we also identify the property owner and general contractor for the parallel NY's scaffold law suit.
Workers' Comp benefits negotiated at the Workers' Compensation Board. Settlement options include lump-sum agreements (closes the case for cash) or ongoing benefits.
WC hearings happen at the WCB; tort claims are filed in Supreme Court. We coordinate both tracks so the WC carrier's lien against the third-party recovery is properly handled under NY workers' comp law.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
Workers' Comp claim must be filed within 2 years of the injury or 2 years from when you knew or should have known the injury was work-related. Notice to employer should be within 30 days. Late notice can be excused but creates delays.
If a non-employer caused the injury (general contractor, property owner, equipment manufacturer, negligent driver), you collect Workers' Comp from your employer AND sue the third party in Supreme Court. Construction injuries under NY's scaffold law are the classic example. We handle both tracks.
Under NY workers' comp law, the Workers' Comp carrier has a lien on your third-party recovery for benefits it has paid. We negotiate the lien (often substantial reductions are possible) before disbursing the net recovery.
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