New York Workers’ Compensation Lawyers

We Have Been Compassionately Fighting For Injured Workers for 30+ Years

Founded in 1992, Oresky & Associates, PLLC, fights for just compensation for work-related accidents, injuries and occupational illnesses. When you hire our firm, you’ll get a workplace accident lawyer NYC that insurers and insurance defense lawyers respect.

Our attorneys are seasoned litigators who have cumulatively recovered over $500 million in compensation for our clients, including numerous seven-figure settlements and verdicts. Contact us for a free consultation to discuss your work injury and how we can help you recover compensation for the losses you’ve suffered.

New York Workplace Injury Statistics in 2023

According to the U.S. Bureau of Labor Statistics, employers in New York reported nearly 139.000 non-fatal work injuries and illnesses in 2022. This translates to a rate of 2.3 non-fatal injuries or illnesses per 100 full-time workers in the state. Another 251 workers across the state died from work-related injuries or illnesses that year.

Of those with non-fatal injuries, over 91.000 missed work, required a job transfer, or had work restrictions. These workers suffered significant financial hardships as a result.

Am I Eligible for a Workers' Compensation Claim After a Workplace Injury?

Almost all employees in New York are covered by workers’ compensation. Even some independent contractors are covered if the business they work for has the right to control them.

The list of workers ineligible for workers’ compensation claims is short and includes the following:

• NYC police, fire, sanitation workers, and teachers
• Seamen
• Longshoremen
• Federal employees

Speak to a New York workers’ compensation lawyer to verify your eligibility for workers’ comp benefits. In addition to workers’ compensation, workers are eligible to file third-party claims for personal injuries when a responsible party, other than their employer caused their injuries or illnesses.

Most Common Workplace Accidents We Work With

Occupational accidents can happen in any workplace. Falling objects, crane accidents, forklift accidents, transportation accidents (including trucking), and slips, trips, and falls can all result in serious or even fatal injuries. Common workplace accidents we see include the following:

Construction Accidents

Construction sites are the most dangerous workplaces in the US. More workers die in on-the-job construction accidents than in any other industry.

According to the U.S. Occupational Safety and Health Administration (OSHA), most construction accidents arise from the “Focus Four” hazards, which include:

• Falls 
• Caught-in or -Between 
• Struck-by
• Electrocution

Despite training and regulations to safeguard workers, these four accident types cause more than half of all fatal construction accidents.

Transportation Accidents

Transportation accidents arise in two ways. First, workers in the transportation industry, such as drivers are subject to accidents on the roadway, as well as during the course of making deliveries. Transportation workers work around heavy cargo, large vehicles, and dangerous machines.

Second, all workers who transport people or goods can be injured in traffic crashes. If you were on the job at the time of your accident, you are entitled to workers’ compensation. 

Under New York law, injuries from crashes are considered work-related injuries when the worker is driving for work purposes.

Slips, Trips, & Falls

Slips, trips, and falls are some of the most common accidents across all injury categories. Falls from height are the leading cause of death in the construction industry. Workers that work in construction on scaffolds and ladders should be provided with personal protective equipment such as safety harnesses, lanyards, and properly secured lifelines. However, slipping, tripping, and falling accidents can also happen at ground level when passageways are not kept clean and free of debris. These types of accidents also happen in many other industries, including:

• Retail
• Warehousing
• Foodservice
• Manufacturing
• Transportation
• Hotels and amusement parks
• Health and medical services
• Education
• Agriculture

All workers can slip or trip in the office. Falls from both flat surfaces and elevated falls can cause serious orthopedic, brain, or spinal cord injuries.

How Our New York Workplace Accident Lawyers Can Help You

An NYC workplace accident lawyer can build a solid case for both workers’ compensation benefits and third-party personal injury claims. The primary distinction between the two lies in what you must prove to win compensation. Most third-party personal injury claims require proof of fault, while workers’ comp is a no-fault system.

As a result, workers’ comp claims and third-party personal injury claims use similar evidence, medical records, and witnesses.

However, your New York workers’ compensation attorney doesn’t need to prove that your injuries resulted from someone else’s negligent or wrongful actions. By contrast, your New York workplace accident lawyer will need to provide evidence to show that your injuries were someone else’s fault or responsibility.

A workplace accident lawyer can strengthen your claim by:

• Listening to your account of what happened and forming a theory of the case
• Identifying anyone who may have contributed to the cause of your injuries
• Investigating your work accident and collecting evidence showing what happened
• Interviewing witnesses
• Gathering medical and work records to document the effects of your injuries

If the insurer agrees that your injury happened in the course and scope of your employment, it will accept the claim. If it denies the claim, a lawyer can respond to the denial with evidence and legal arguments. In the event that the claim is not accepted, your lawyer can request a hearing and present evidence at trial as to why you are entitled to workers’ compensation benefits.

Importantly, workplace accident lawyers can also identify other claims you may have. 

For example, suppose someone other than your employer, such as a negligent driver or the manufacturer of defective safety equipment, contributed to the cause of your injuries. Your New York workers’ compensation claim attorney could identify those third parties for lawsuits.

Maximize Your Workers' Comp Claim

Since every workplace accident is unique, the best way to maximize your workers’ compensation claim is to meet with a lawyer. Contact Oresky & Associates 24/7 for a free consultation.

Free Consultation

 What Are the Injuries Covered by Your Workers’ Compensation Insurance?

You should discuss all your injuries with your workers’ compensation attorneys. New York law allows you to include almost all work-related injuries and illnesses, including:

• Musculoskeletal injuries
• Brain and spinal cord injuries
• Nerve damage
• Repetitive stress injuries
• Illnesses from exposure to toxins or hazardous environments
• Hearing loss from loud noises

To qualify for compensation, your New York workers’ compensation claim lawyer must prove that the injury happened in the course and scope of your employment. In other words, you must have been injured while performing your job duties.

What Are the Workers’ Comp Damages You Can Recover After a Workplace Accident?

New York workers’ comp benefits fall into four broad categories: medical benefits, wage replacement benefits, permanent disability benefits, and death benefits.

Medical benefits are intended to pay for:

• Current and ongoing medical treatment
• Physical therapy
• Medication

The insurer will only pay for “reasonable and necessary” medical expenses for you to return to work. You may run into disputes over which treatments the insurer will pay for. Your workers’ compensation lawyer in New York can negotiate with insurers over specific claims.

Wage replacement benefits cover two-thirds of your average weekly wages up to a predetermined maximum. Consequently, workers with a high salary might hit the maximum without receiving their full two-thirds wage replacement.

Permanent disability benefits are paid when you reach maximum medical improvement (MMI), which is when your doctor believes your condition won’t likely improve even with additional treatment. These benefits cover the wages you could have earned over your remaining work life.

Your New York State workers’ compensation lawyer can help you calculate your permanent disability benefits based on whether you’re totally or partially disabled.

Finally, death benefits pay weekly cash benefits to the surviving spouse and dependents. They also cover funeral expenses.

What Should You Do After a Workplace Accident in NYC?

What you do following a workplace accident can affect your right to pursue workers’ comp benefits or a third-party personal injury claim. Taking the right steps will ensure that you meet the requirements to pursue a claim. It will also provide the evidence you may need for your case.

The following are all crucial steps:

• Report the accident or ask a coworker to report it
• Seek appropriate medical attention
• Make a list of witnesses of your accident
• Take pictures or ask a coworker to take pictures of the accident scene
• Contact New York workers’ compensation attorneys

Under New York law, you have 30 days to report a work-related injury or illness. The sooner you report it, the sooner your claim will be processed.

Your employer might already know about your injury if someone you work with witnessed the accident that injured you. Also, your report doesn’t need to be written — you can call your supervisor from the hospital.

If you need emergency medical care, make it a point to visit the emergency room after your accident. Inform the admitting staff that you were injured at work, as workers’ compensation insurers must pay for emergency care even if you haven’t yet filed a claim.

You’ll need evidence for a workers’ comp claim and a third-party personal injury lawsuit. Witness statements and photos from the scene can help your New York City workers’ compensation lawyer reconstruct your accident and identify all possible claims.

Consider speaking to a workers’ compensation attorney. New York City workers’ comp lawyers offer free consultations. You can gather free advice and learn about any additional personal injury claims you may have from an experienced New York City workers’ compensation attorney.

Workers’ Compensation vs. Personal Injury Claims

Workers’ comp comprises only a part of the compensation you can receive after a workplace accident. Workers ' comp benefits won't fully restore your finances or quality of life since you receive only part of your wages and nothing for pain and suffering.

Personal injury claims can help compensate you for the difference. You can seek compensation for unreimbursed income losses and pain and suffering through a personal injury claim. You can also get fully reimbursed for future earnings without hitting statutory caps.

That said, these additional benefits require a higher standard of proof. You must prove fault to recover compensation in a personal injury case. This means you must prove liability through negligence, statutory liability, or some other theory.

Workers’ comp claims, on the other hand, are paid without regard to fault. This means you can get workers’ comp whether you or your employer were negligent or your accident was unavoidable.

Personal injury claims and workers’ comp aren’t mutually exclusive. Rather, they work together to ensure that you get full and just compensation for your injuries. To learn more about your possible third-party claims, talk to a workplace accident attorney. NYC workplace accidents often provide grounds for them.

What's a Workers' Comp Independent Medical Examination?

An independent medical examination (IME) is a tool workers’ comp insurers use to evaluate an injured worker’s condition. Insurers often use them to reduce or terminate benefits.

An IME is like any other medical examination, only the doctor who conducts it is hired by the workers’ comp insurer. As a result, the doctor may have an outcome in mind when examining you.

Before undergoing an IME, you should speak to your workers’ compensation lawyer. New York provides little protection for you during an IME.

How Do You Appeal a New York Workers' Comp Denial?

If an insurer wrongly denies a claim, you can have the denial reviewed by the state’s Workers’ Compensation Board (WCB).

If you decide to go this route, consider speaking to a worker's compensation lawyer. New York WCBs have procedural rules to follow when appealing a claim, and a lawyer will ensure that your filings meet the board’s requirements.

Here are the steps for the appeal process:

• File a Notice of Claim with the WCB within two years of the injury
• Gather evidence to disprove the insurer’s grounds for denying the claim
• Present your evidence and legal arguments at a hearing

Although the hearing rules are less formal than court, you may need the assistance of a workers' compensation lawyer. New York City hearings can be intimidating for non-lawyers because they involve a workers’ comp judge and a lawyer representing the insurer.

After the hearing, the judge will issue a written decision. If they agree with the insurer, you can request a review by the Appeal Board within 30 days of the judge’s decision. If the Appeal Board affirms the judge’s decision, you can file a petition in state court.

How Much Is a Typical Workers' Compensation Settlement in New York?

Workers’ compensation settlements typically occur after you reach MMI and the insurer faces the prospect of paying permanent disability payments for the rest of your life. Rather than sending weekly checks, they’ll try to settle the claim for a lump sum.

This settlement amount will depend on whether you were totally or partially permanently disabled. Total permanent disability benefits are based on your average weekly wage over your remaining life. Partial permanent disability benefits are calculated based on:

• Body part injured
• Percentage of loss of function
• Average weekly wage

More significant losses justify larger benefits and lead to larger settlements.