Content reviewed by:
Alex Shulman
If a workplace injury has turned your week upside down, you are not alone. You may be unsure about medical bills, time off work, and what to do next. As a local firm, our Greenburgh workers’ compensation lawyers help injured employees pursue wage benefits and medical care under New York law.
At Shulman & Hill Injury Lawyers, we represent union trades, healthcare staff, delivery drivers, retail workers, municipal employees, and more.
We’ve helped over 26,000 clients. To learn more, talk to a Greenburgh personal injury lawyer today and schedule a free consultation.
How New York Work Injury Benefits Are Calculated
Wage-replacement benefits are generally two-thirds of your average weekly wage, multiplied by your percentage of disability, up to the statewide cap. Your average weekly wage is typically based on your earnings in the year before the injury.
There is a seven-day waiting period for lost-wage payments. If your disability lasts more than 14 days, you can receive payment for the first week as well. Medical care that is reasonable and necessary for the work injury is covered, with no copays when processed correctly.
If you have a permanent impairment, you may qualify for additional benefits. These include schedule loss of use awards for certain body parts or non-schedule awards based on loss of wage-earning capacity. We can explain how doctors’ impairment ratings affect your outcome.
Deadlines and the Claims Process
Once your claim is filed, the insurer will accept, pay without prejudice while it investigates, or file a denial. If denied or partially denied, your case goes before a Workers’ Compensation Law Judge. Hearings may address medical necessity, wage rates, and your level of disability.
At a hearing, the judge reviews medical evidence, testimony, and reports from your treating physicians and any independent medical exam (IME) doctors hired by the carrier. Preparation matters. We help you present clear, credible evidence that matches New York guidelines.
Filing Deadlines in New York
Please note:
- Report your injury to your employer within 30 days.
- File Form C-3 with the New York Workers’ Compensation Board within two years of the accident or diagnosis.
- Families seeking death benefits generally have two years from the date of death.
Missing a deadline can limit benefits, but some exceptions apply. Talk with us about your timeline.
Immediate Steps After a Job Injury
Start by getting medical care right away, and tell the provider it is a work-related injury. In New York, treatment must be with a Workers’ Compensation Board–authorized provider, except for emergencies. Early documentation links your condition to your job.
Report the injury to your supervisor as soon as possible and no later than 30 days from the accident or from when you learned a condition is work-related. Written notice is best. Keep a copy of everything you submit.
Documentation That Strengthens Your Case
Accurate records help you prove your claim and defend against disputes. Start a folder for all paperwork and keep a running log of your symptoms and missed workdays.
Useful items to collect include:
- Incident reports and written notice to your employer.
- Medical records from Board-authorized providers.
- Photos or videos of the hazard or accident scene.
- Witness names and statements.
- Pay stubs and tax documents to confirm wages.
- Job descriptions showing your physical duties.
If the carrier schedules an IME, attend it and note the length of the exam and what was discussed. Share that with us promptly. We compare IME conclusions with your treating doctor’s records and point out inconsistencies.
When the Insurance Carrier Disputes Your Claim
Carriers often dispute whether an injury is job-related, argue you can return to work, or challenge the level of disability. They may also question recommended treatment based on New York medical guidelines.
We respond with targeted medical support, detailed affidavits, and testimony from treating providers. If needed, we seek depositions, request hearings, and present vocational information to show how your restrictions affect your wage-earning capacity.
If benefits were stopped or reduced, we can move to restore payments and address arrears. Appeals are available when a judge’s decision does not match the record. Acting quickly keeps your case on track.
Third-Party Lawsuits Outside Workers Compensation
Workers’ compensation pays medical care and wage loss but not damages for pain and suffering. If a negligent third party contributed to your injury, such as a vehicle driver, subcontractor, property owner, or equipment manufacturer, you may have a separate personal injury claim.
A third-party case may cover pain and suffering, full lost earnings, and other damages not available in comp. These cases run alongside, not in place of, your comp claim, and deadlines are different.
Carriers may assert a lien or right of reimbursement on third-party recoveries. We coordinate both matters to protect your net recovery and avoid mistakes that could reduce your take-home results.
Why Choose Shulman & Hill in Greenburgh
You get a local team that knows how Westchester County employers, carriers, and doctors handle claims. We prepare your file from day one as if a hearing is likely, so you are not playing catch-up if a dispute arises.
Our goal is fair medical treatment, steady wage benefits, and a final resolution that reflects your long-term needs. From Spanish-speaking clients to union apprentices and seasoned tradespeople, we tailor communication to your schedule and job demands. You focus on treatment while we handle the paperwork and deadlines.
Contact Our Greenburgh Workers’ Compensation Lawyers Today
When you are hurt at work, you should not have to chase benefits while juggling treatment and bills. Shulman & Hill will guide your New York claim, present persuasive medical proof, and pursue every available path to compensation.
If your case was denied, delayed, or underpaid, we can step in at any stage. We are ready to prepare for hearings, challenge IMEs, and evaluate settlement options that fit your goals.
Contact us today to schedule a free consultation. Let’s build a plan that protects your health, your job, and your future.