New York’s workers’ compensation system is a no-fault program for many on-the-job injuries and occupational illnesses. It is administered by the New York State Workers’ Compensation Board. Bisogno & Meyerson, LLP handles workers’ compensation matters for people hurt at work in Brooklyn, Staten Island, and across New York City. The firm works from 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other borough clients are represented from that Brooklyn office.
The system is designed to provide medical treatment and wage-replacement benefits without requiring you to prove that your employer was careless. In return, most employees cannot sue their employer in court for the same injury. Board benefits and a separate lawsuit against a non-employer are different tracks and can sometimes proceed together.
This page is a practical overview of the NYC process. For the practice hub, visit workers compensation. A longer explainer is in how workers compensation in NYC works. Related pages also cover third-party workers compensation.
How New York Workers Compensation Works
Coverage generally applies when an employee is injured in the course of employment. That can include a sudden accident, a repetitive-stress condition, or an occupational disease that develops over time. Independent-contractor status, off-the-clock questions, and dual employment can all be disputed. Those disputes are decided on the facts and the Workers’ Compensation Law.
You typically must give notice of the injury to your employer. Many claims also require a claim form (commonly called a C-3) to be filed with the Board. Employers and carriers file their own reports. Missing a notice or filing window can put a claim at risk, so dates should be reviewed early.
The Board, not a jury, is the forum for most benefit disputes. A Workers’ Compensation Law Judge may hold hearings, take testimony, and issue directions on medical treatment, awards, and other issues. Parties can seek Board review of certain decisions. The process is administrative. It does not decide a personal-injury lawsuit against a third party. NYC work injuries still run through this statewide Board system.
Medical Care and Wage Replacement
When a claim is established, workers’ compensation can pay for medically necessary treatment related to the work injury, through providers who are authorized to treat in the system. Treatment questions, diagnostic testing, surgery requests, and pharmacy issues are often reviewed by the carrier. Denials can be raised with the Board.
Wage-replacement benefits, often called indemnity, depend on disability status and your average weekly wage as determined under the statute. Temporary total disability, temporary partial disability, schedule loss of use for certain body parts, and other classifications each follow Board rules and medical evidence. There are statutory maximums and minimums. The percentages used in awards are set by law. They are not the same as a civil-damages verdict.
Workers’ compensation generally does not pay for pain and suffering. That is one reason a separate third-party claim, when it exists, is analyzed on a different legal theory. Eligibility for any category of benefit is decided case by case. Nothing on this page is a promise that a particular benefit will be paid.
The Board Process in Practice
After a claim is indexed, the carrier may accept all or part of it, raise issues, or controvert the claim entirely. Common disputes include whether the event happened at work, whether a pre-existing condition is the real cause, the degree of disability, and whether proposed treatment is necessary.
Carriers often schedule an examination with a doctor they retain. Claimants continue to treat with their own authorized providers. Medical reports from both sides are filed with the Board. Some claims resolve through a written settlement that the Board must approve (often discussed as a Section 32 agreement). Settlement is optional and has trade-offs for future medical and indemnity rights.
When a Third-Party Injury Claim May Also Exist
Workers’ compensation is usually the exclusive remedy against the employer and co-employees. It is not automatically the exclusive remedy against everyone else. If a non-employer party contributed to the injury, New York law may allow a separate civil claim. Examples can include a negligent driver, a property owner who is not the employer, an outside contractor, or the maker of a defective tool or machine. Job-site cases may also overlap with construction accidents.
A third-party case is a personal-injury lawsuit, not a Board benefit claim. It can involve different proof, different damages theories, and different deadlines. The compensation carrier may have a lien or offset against a third-party recovery under Workers’ Compensation Law § 29. Settling a third-party case without required consent or a court order can affect future Board benefits.
Bisogno & Meyerson, LLP concentrates in both workers’ compensation and personal injury. We look at whether a third-party theory is worth investigating. That review is not a conclusion that a lawsuit should be filed. For more on this split, see third-party workers compensation.
What to Do After a Work Injury in NYC
Get medical care and tell the provider the injury is work-related. Report the injury to your employer in writing if you can, and keep a copy. File a claim with the Board. Save names of witnesses, photos of the location or equipment, and copies of accident reports. Be careful with recorded statements to a carrier. Occupational disease claims can have different date-of-disablement rules. Those dates should be checked against the statute, not assumed.
Talk With Bisogno & Meyerson, LLP
If you were hurt at work in New York City, our firm can review the Board process, medical and wage issues, and whether a third-party claim should be considered. A free consultation is a chance to go over what happened and what papers are already on file. It is not a promise that benefits will be granted or that any lawsuit will succeed.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq. See our firm overview.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.