New York Workplace Injury Lawyers

Have you or a loved one been hurt on the job?

Thousands of employees are injured at work every year and many work accidents result in serious injuries and death. If you were injured at work then you may be entitled to compensation for your injuries. Depending upon the circumstances of the injury, you may be eligible to receive compensation through either the workers’ compensation system, or a personal injury lawsuit, or both.

Your employer is responsible for taking all reasonable measures to secure your safety on the job.

Not all injuries are physical. If you have suffered physically, emotionally or financially, you may be entitled to financial compensation for these losses. In fatal cases, families may also be entitled to compensation.

Common Causes of Work Related Injuries

Some of the more frequent causes of work related injuries include:

• Slip and Fall/ Trip and Fall

• Stairway Falls

• Construction accidents

• Falls from ladders

• Falling objects

• Roofing Accidents

• Improper training or procedures

• Warehouse accidents

• OSHA violations

• Getting hurt using office equipment or machinery

• Broken or defective products or machinery

• Improper scaffolding

• Improper or missing safety devices

• Vehicle Accidents

• Hazardous Premises

• Welding Accidents

• Electric Saw Accident

• Tunnel Accident

Workplace injuries can result in a variety of physical and mental impairments including:

• Amputation

• Broken bones

• Eye injuries

• Back injury

• Disfigurement

• Blindness

• Brain injury

• Burn injury

• Head injury

• Neck injury

• Shoulder injuries

• Paralysis

• Spinal cord injury

• Wrongful death

If you have been significantly injured or lost time from work as the result of an injury, our experienced work injury lawyers want to hear your story.

Some injuries can lead to permanent disabilities, however not all injuries are permanent. As a result, you may be entitled to payment for a partial impairment. Partial impairment results in an incapacity that prevents an employee from doing their job. Medical evidence will determine the extent of your temporary as well as permanent disability. The value of your claim depends, in large part, on the extent of your injury and the cause.

Compensation Available for New York Workers

If you’ve been hurt on the job in New York, you may be entitled to more than just medical care. Depending on how your injury occurred, you could qualify for workers compensation benefits, a personal injury claim, or both. Understanding the types of compensation available — and how to access them — is essential for protecting your health, income, and future. Below, we break down the key options for injured workers, including workers’ compensation claims and potential third-party lawsuits.

Workers’ Compensation Claims

In New York, injured workers are typically covered by workers compensation insurance, which provides essential financial support after a job-related injury. This includes coverage for medical treatment, lost wages, and disability benefits. Filing a workers’ compensation claim is a no-fault process, meaning you can receive benefits even if the accident was partially your fault.

To begin a claim, you must notify your employer of the injury within 30 days and file Form C-3 with the New York Workers’ Compensation Board. Once your claim is accepted, you’ll receive workers compensation benefits for necessary treatment and a portion of your lost income. It’s critical to follow all medical guidelines and attend scheduled evaluations to maintain eligibility.

A New York workplace accident attorney can help ensure your rights are protected and prevent delays or denials. Employers and insurance companies don’t always have your best interests in mind, so legal representation can make a significant difference in the outcome of your case.

Third-Party Claims

While workers’ compensation may limit your ability to sue your employer, you may have the right to file a third-party personal injury claim against other negligent parties. For example, if your injury occurred on a construction site due to faulty scaffolding installed by a subcontractor, you might have grounds for a personal injury case against that company.

Third-party claims can provide compensation beyond what’s available through workers compensation benefits, including full wage replacement, pain and suffering, and loss of future earning capacity. These cases often arise from construction accidents, equipment malfunctions, or vehicle accidents involving non-employer drivers.

A skilled attorney can help identify responsible third parties and build a strong personal injury claim. This dual-claim approach — both a workers’ compensation claim and a personal injury lawsuit — can maximize your recovery and ensure you’re fully compensated for your injuries and losses.

Maximizing Your Compensation After a Work Injury

To receive the full extent of compensation you’re entitled to, it’s important to act strategically after a workplace accident. Always seek prompt medical treatment, follow all doctor’s recommendations, and document everything — including symptoms, lost wages, and how the injury impacts your daily life.

Partnering with experienced workers compensation lawyers can help you avoid common pitfalls. Legal professionals know how to appeal denied claims, negotiate with insurers, and identify opportunities for personal injury claims when applicable. If your injury happened on a construction site, where regulations are strict and liability can be shared among various parties, an attorney can play a vital role in uncovering all avenues for compensation.

In tragic cases involving wrongful death, surviving family members may be eligible for both death benefits under workers compensation law and damages through a third-party lawsuit. The right legal guidance ensures you don’t leave compensation on the table.

New York Workplace Accident Claims – FAQ

What Should I Do if I Sustained a Workplace Injury?

If you are injured at work, you should notify your employer about the injury as soon as possible. Report the injury in writing and keep a copy of the report for your records.

Obtain medical help for your work-related injury without delay.

File a claim for worker’s compensation as soon as possible.

Consult with a qualified workplace injury attorney who can advise you on your rights and help you obtain the maximum compensation available under the law.

What Can I Do in Case My Workers’ Comp Claim Is Denied?

If your workers’ compensation claim is denied, don’t panic. You have the right to appeal the decision through the New York Workers’ Compensation Board. The appeals process may include hearings, submission of additional medical evidence, and legal arguments. A New York workplace accident attorney can help you present the strongest possible case, ensure deadlines are met, and fight for your right to workers compensation benefits.

Can I Still File a Workers’ Comp Claim if I Was Partially at Fault?

Yes. New York’s workers compensation law is a no-fault system. This means you can still receive benefits even if you were partially or entirely responsible for your injury. Whether you tripped on your own, misused equipment, or made an error on a construction site, you’re still generally entitled to compensation. However, fault does matter in personal injury claims, which is why it’s crucial to explore all legal options with an attorney.

Can I Receive Compensation if I Was Injured by Faulty Equipment?

Absolutely. If defective equipment or machinery caused your injury, you may be able to file a third-party claim against the manufacturer or maintenance company, in addition to your workers’ compensation claim. These types of personal injury cases can result in greater financial recovery, especially when construction workers are injured due to broken or defective products.

What If a Co-Worker Caused My Accident?

Even if a co-worker’s negligence led to your injury, you are still entitled to workers compensation benefits. The law protects injured workers by providing benefits regardless of who was at fault. However, if the co-worker was acting outside the scope of their employment or the incident involved intentional harm, there may be grounds for a personal injury claim.

View Additional Workers’ Compensation Information

Contact a Workplace Accident Attorney

At Hill & Moin, we want to hear your story. Our workplace injury attorneys will review the facts and assist you with your case from beginning to end. We know how to investigate and aggressively pursue job accident cases.

You have the right to receive proper compensation for the injuries sustained from a workplace-related injury! You may be entitled to damages for pain and suffering in addition to workers compensation benefits. We can help! Contact us today.