Common Injured Workers Questions: NYC Workers' Comp Attorney

We often hear similar questions from injured workers who aren't familiar with the New York workers' compensation claims process. Here are the four most common questions we hear:

Who do I report my work injury to?

You should report your work injury directly to your employer as soon as possible, but certainly within 30 days of your accident. Your employer than has one week to report the accident and injury to their insurance company. If your employer does not report your accident, you have the right to go directly to the insurance company or to contact the New York Workers' Compensation Board.

How much workers' compensation will I receive for my injury?

Workers' compensation will pay for the medical bills associated with your injury as well as lost time away from work. In New York currently, injured workers can receive up to $600 per week during periods of missed work.

What kind of injuries and conditions are covered by workers' compensation?

As long as your injury, condition, or disease was caused or aggravated by your employment, you should be covered by workers' compensation benefits. If your injury or disease was pre-existing, or if it didn't arise from your on-the-job responsibilities, your claim will most probably be rejected. You also cannot collect workers' comp if your injury was the direct result of your intent to harm yourself or others.

What if my employer refuses to pay my workers' comp claim?

Your employer may contest your workers' comp claim. If this happens, you or your employer can request a review of the case by the New York Workers' Compensation Board, who will investigate your case and decide who is in the right. During this hearing, both sides may be represented by a workers comp attorney.