Work Accidents

Workers' Compensation Lawyers – New York

A work accident is a life-altering event that impacts not only your health but your financial security and your family’s future. In New York, the workers’ compensation system is designed to provide a safety net for employees injured on the job, but navigating this complex system alone can feel like a full-time job. From confusing paperwork and contested claims to delayed medical treatment and inadequate benefit calculations, injured workers face significant hurdles. At Choudhry & Franzoni Law Group we are dedicated to guiding injured workers through every step of this challenging process. We understand the intricate laws, the tactics used by insurance carriers to minimize payouts, and the critical importance of securing all the benefits you are legally entitled to, allowing you to focus on what matters most: your recovery.

If You’ve been injured at work give us a call now 516-888-1234 or fill out our quick online form for a free consultation. We have the experience, the resources, and the determination to fight for the maximum compensation you deserve. Your recovery is our priority.

New York Workers’ Compensation Laws

The New York Workers’ Compensation system is a no-fault insurance program. This means that you are generally entitled to benefits regardless of who was at fault for your accident, whether it was your mistake, your employer’s, or simply an unfortunate incident. In exchange for this guaranteed coverage, you typically cannot sue your employer for pain and suffering. However, this system is not automatic or simple. Securing the full range of benefits requires filing proper claims, undergoing independent medical examinations, and often, appealing unfavorable decisions.

Who is Covered?

Virtually all employees in New York are covered, with very few exceptions. This includes full-time, part-time, seasonal, and immigrant workers. Coverage begins on your first day of employment.

What is a “Work-Related” Injury?

An injury is compensable if it arises out of and in the course of your employment. This includes:

Acute accidents (e.g., a fall from a ladder, machinery accident, slip and fall at work).
Occupational diseases developed over time due to work conditions (e.g., hearing loss, carpal tunnel syndrome, asbestos-related illness, lung conditions from toxic exposure).
Repetitive stress injuries.
Aggravations of pre-existing conditions caused by your work duties.

Worker’s Compensation Benefits

The workers’ compensation insurance carrier is obligated to provide several key types of benefits. Our role is to ensure you receive the maximum benefit in each category.

Medical Treatment Benefits: You have the right to all necessary medical care to treat and recover from your work-related injury or illness. This includes doctor visits, hospital stays, surgery, physical therapy, prescriptions, and medical equipment. You must treat with a physician authorized by the New York Workers’ Compensation Board, but you have the right to choose your doctor from within that network. We fight to ensure all recommended treatments are authorized and paid for.

Cash Benefit Replacements for Lost Wages: When your injury prevents you from working, you are entitled to a portion of your lost wages.

Temporary Total Disability (TTD): Paid when you are completely unable to work during your recovery. The rate is generally two-thirds of your average weekly wage, subject to a state maximum.
Temporary Partial Disability (TPD): Paid when you can return to work in a light-duty or reduced capacity but earn less than your pre-injury wage. The benefit is typically two-thirds of the difference between your old and new wages.
Permanent Partial Disability (PPD): Awarded when you reach maximum medical improvement but are left with a permanent impairment that affects your earning capacity (e.g., loss of a limb, chronic back injury). The benefit is based on a “schedule loss of use” award or a determination of your reduced wage-earning capacity.
Permanent Total Disability (PTD): Reserved for the most severe injuries that render you permanently and totally unable to work in any capacity.

Vocational Rehabilitation Benefits: If you cannot return to your previous job, you may be entitled to retraining, job placement assistance, or vocational counseling to help you re-enter the workforce in a new capacity.

Death Benefits: If a work-related injury or illness results in a fatality, the worker’s surviving spouse, children, or other dependents may be eligible for weekly cash benefits and a contribution toward funeral expenses.

The Complex and Contested Claims Process: Where You Need an Advocate

Filing a claim is merely the first step. Insurance carriers actively look for reasons to deny or minimize claims to protect their bottom line.

Common Reasons for Denial or Dispute:

The carrier argues your injury is not work-related.
They claim your injury is a pre-existing condition.
They dispute the severity of your injury or your need for certain treatments.
They stop benefits by arguing you have reached “maximum medical improvement” prematurely.
They hire an “Independent Medical Examiner” (IME) whose opinion downplays your disability.

Critical Deadlines You Must Know:

Notice to Employer: You must notify your employer of your work injury within 30 days.
Filing a Claim: You must file a formal claim (Form C-3) with the New York Workers’ Compensation Board within two years of the accident or of the date you knew your illness was work-related.
Missing these deadlines can jeopardize your entire claim.

The Hearing and Appeal Process: If your claim is contested, you will face a series of hearings before a Workers’ Compensation Law Judge. This is a formal legal proceeding where evidence is presented and testimony is given. Having an experienced attorney to represent you, cross-examine the carrier’s doctors, and present a compelling case is absolutely essential to a successful outcome.

Workers’ Compensation FAQs

What should I do immediately after being injured at work?

Report the injury to your supervisor in writing immediately. Seek medical attention right away and tell the doctor it is a work-related injury. Follow all medical advice. Document everything: take notes on how the accident happened, get witness names, and keep a file of all medical reports and correspondence. Consult with a workers’ compensation attorney before giving any detailed recorded statements to the insurance company.

Can I choose my own doctor?

You must choose from a list of physicians authorized by the New York Workers’ Compensation Board. You have the right to select your treating physician from this network. Do not let your employer dictate which doctor you must see for treatment.

What if my claim is denied?

Do not give up. A denial is the start of the legal process, not the end. We can file an appeal, request a hearing before a Judge, and gather the necessary medical evidence and expert testimony to overturn the denial.

Can I be fired for filing a workers’ compensation claim?

New York law prohibits employers from retaliating against employees for filing a legitimate workers’ compensation claim. If you are fired, demoted, or otherwise penalized, you may have a separate wrongful termination or discrimination lawsuit.

What if a third party (not my employer) caused my work accident?

This is a critical area. If your injury was caused by a negligent third party such as the driver of another vehicle in a work car accident, the manufacturer of defective equipment, or a property owner at a worksite you may have a separate personal injury lawsuit against that party in addition to your workers’ compensation claim. This “third-party action” can potentially recover compensation for pain and suffering and full lost wages, which are not available through workers’ comp alone. Our firm specializes in identifying and pursuing these valuable claims.

We Fight For Your Rights:

We provide comprehensive legal guidance to level the playing field against the insurance carrier.

Phase One: Claim Filing and Medical Management. We ensure your initial claim is filed correctly and on time. We help you navigate the medical network, advocate for proper treatment authorizations, and protect you from biased “independent” medical exams.

Phase Two: Litigation at the Workers’ Compensation Board. We represent you at all hearings, presenting evidence, cross-examining opposing doctors, and arguing before the Judge to secure favorable rulings on your benefits, disability status, and treatment plans.

Phase Three: Maximizing Your Financial Recovery. We accurately calculate your correct average weekly wage to ensure your benefit rate is maximized. We negotiate lump-sum settlements when appropriate, ensuring any settlement reflects the true future value of your claim. We simultaneously investigate any potential third-party lawsuits to pursue additional compensation.

Phase Four: Protecting Your Long-Term Rights. We advise you on returning to work, light-duty offers, and your rights regarding job protection. We handle all communications with the insurance carrier and your employer, reducing your stress.

Contact Us:

The workers’ compensation system is designed to be navigated with legal expertise. Trying to handle a complex or contested claim on your own risks receiving far less than you deserve or having your benefits cut off entirely.

We offer a free, no-obligation consultation to discuss your work injury. We will explain your rights, evaluate the strength of your claim, and outline how we can help you secure the medical care and financial support you need.

We handle workers’ compensation cases on a contingency fee basis, meaning our fees are a percentage of the benefits we secure for you. You pay nothing upfront