Content reviewed by:
Alex Shulman
If you are injured on the job as an employee in the transit or transportation industry, you are likely entitled to workers’ compensation benefits regardless of whether you or the employer was at fault. You may also be entitled to damages via a third-party lawsuit.
Our community-centered transit workers’ compensation lawyers have deep knowledge of the transportation and transit industries and can help you file a claim. We serve all five boroughs of NYC and Long Island. Call (212) 221-1000 or contact us online to schedule a free consultation.
Our Workers’ Compensation Attorneys Are Here To Help Those Who Keep New York Running
With decades of experience, we are top-tier workers’ compensation and personal injury attorneys in New York. We have recovered over $700 million in compensation for our clients. Learn more by exploring their glowing testimonials.
Our dedicated NYC workers’ compensation attorneys redefine the level of service you would expect from a law firm by providing open communication, attention to detail, and vigorous representation. We are recognized by the American Academy of Attorneys, and our firm is a proud recipient of Attorney and Practice Magazine’s Top 10 Plaintiff’s Personal Injury Award.
Founding partner Alex Shulman is a member of the New York Workers’ Bar Association and has been recognized as a Super Lawyer since 2017. This honor is only given to the top five percent of attorneys in each state. With over 13 years of experience, attorney Jordan Weinstein also has a strong track record of securing high-value compensation for injured New York City Transit workers.
We Handle All Types of Injured Worker Claims
You generally cannot sue an employer covered by workers’ compensation, but you can file a third-party lawsuit against product manufacturers, property owners, and others who contributed to your injuries. We are one of the few NYC workers’ compensation law firms that handle both workers’ compensation claims and personal injury lawsuits.
Workers’ compensation covers medical care and partial wage replacement but does not cover non-economic losses like pain and suffering. However, these kinds of damages may be available through a third-party lawsuit.
We understand how difficult it is to stand up to an employer who refuses to treat you fairly when you are injured at work. Our resources allow us to stand up to NYC Transit, TBTA, MTA, and transportation companies of all sizes when they refuse to pay fair compensation.
No case is too complex or challenging for our skilled legal team. We have helped countless injured transportation workers, including:
- Airline employees
- Bicycle messengers
- Boat and ferry operators
- Bus drivers
- Chauffeurs
- Delivery drivers
- Dispatchers
- Limousine drivers
- Logistics workers
- Mechanics
- Port of New York and New Jersey workers
- Subway and train engineers
- Taxi drivers
- Track workers
- Truck drivers
- Water taxi operators
An Inclusive Law Firm Servicing All of New York City
We are a multilingual law firm with attorneys fluent in English, Spanish, and Russian. We also have convenient office locations throughout New York City and beyond:
When you choose Shulman & Hill, you will get a team of attorneys who understand the transportation and transit industries. You can count on us to be attentive to your needs. We will answer your calls, explain your case, and refuse to give up until you receive the compensation you deserve.
Recovering Damages for Transit and Transportation Workers Compensation Across NYC
- In Staten Island, a mechanic for the Department of Transportation for 40+ years developed multiple injuries over time due to heavy and repetitive lifting on the job. Shulman & Hill was able to get a $230,000 settlement for them.
- In Nassau County, an NYC Transit worker slipped on an uneven platform, resulting in a torn patella (tendon in the knee). Shulman & Hill was able to secure a $170,000 settlement for them.
Workers’ compensation provides medical care and wage replacement benefits. Medical benefits include doctor visits, dentistry, surgery, optometry, medications, and assistive devices. You must normally choose a health care provider authorized by the Workers’ Compensation Board.
Workers’ compensation pays wage replacement benefits up to two-thirds of your average weekly wage, not to exceed the state maximum ($1,171.46 per week as of July 1, 2024). Benefits last until you reach your maximum medical improvement (MMI) or if you have a permanent impairment.
If you are left with a permanent loss of hearing, eyesight, or use of an extremity, you may also qualify for Loss of Use benefits. These are payable for a predetermined number of weeks based on the body part lost and the severity of the disability it causes.
Every claim is unique. We can calculate your workers’ compensation claim value and determine how long your benefits will last after we review your case.
Damages Available in a Third-Party Lawsuit
Damages in a transit or transportation worker third-party lawsuit may include:
- Lost wages beyond workers’ compensation
- Pain and suffering
- Scarring and disfigurement
- Permanent impairment
- Loss of enjoyment of life
We are dedicated to providing personalized, high-quality legal counsel and representation. We will need as many details as you can provide to ensure you receive the damages you deserve, such as how your accident happened, the task you were performing, and the equipment you were using. Common accidents in the transportation industry include slips and falls, motor vehicle accidents, electrocutions, struck-by accidents, burns, repetitive motion injuries, and occupational illnesses.
Recovering Damages for Fatal Transit and Transportation Worker Accidents
Our compassionate New York City wrongful death lawyers can help you get justice if your loved one was killed while working in the transportation industry. Workers’ compensation provides survivor benefits to spouses and qualified dependents, including wages up to the weekly maximum and funeral expenses of up to $12,500 in NYC. If there is no spouse or dependents, the worker’s parents or estate could receive a lump sum of $50,000.
According to the Transport Workers’ Union, an MTA audit by the Federal Transit Administration found serious safety deficits in 38 near-miss events involving workers. Track workers are especially endangered by MTA safety failures, such as when speeding subways fail to sound horns while passing through work areas. In November of 2023, a 57-year-old MTA transit worker was killed when struck by a train.
The danger to transportation workers is not limited to the City’s transit system. The Bureau of Labor Statistics has found that workers in the transportation industry have the highest rates of fatalities. The most common causes of death are shown below:
Fatal work injuries by major event or exposure, 2018-22
Ways a Lawyer Can Help With Your Workers’ Compensation Case
Having an attorney on your side is crucial to ensuring you receive full compensation when you are injured at work. We are well-versed in transit and transportation industry claims, and you can count on us to expertly handle the claims process from start to finish. Although every case is unique, you can expect the following steps:
- Free consultation – We will learn about your accident and injuries, answer your questions, and determine what we can do for you.
- Case investigation – We will analyze the accident location, interview witnesses, review your wage history, and obtain your medical records.
- Paperwork and documentation – We will file your New York workers’ compensation claim and all required paperwork before the legal deadlines.
- Identification of liable third parties – We will determine whether anyone other than your employer contributed to your injuries and file a third-party lawsuit against each liable party.
- Case value calculation – We will calculate the value of your workers’ compensation and third-party claims.
- Settlement negotiation – We will negotiate a meaningful settlement if we file a third-party lawsuit claim.
- Legal representation – We will represent you in court and workers’ compensation hearings if necessary to recover the full value of your claim.
What Is The Time Frame to File a Workers’ Compensation Case as a Transit or Transportation Worker in New York?
The workers’ compensation law requires you to notify your employer about your injuries within 30 days after the accident. However, you should report your accident in writing sooner than later.
You also have two years to file your Employee Claim (C-3) Form with the Workers’ Compensation Board. If your workers’ compensation claim is denied, you will have 30 days to file an appeal. However, you may need to go through an administrative review and conciliation before filing an appeal.
If your employer is the MTA Bus Company, New York City Transit, or Triborough Bridge and Tunnel Authority (TBTA), some procedures and deadlines may differ, as these agencies are self-insured.
Deadlines for Third-Party Claims
The deadline to file a personal injury claim in New York is normally three years from the date of your injury. However, if your loved one died from a workplace injury, you have two years from the date of death to file a third-party wrongful death lawsuit.
You may also qualify for a lawsuit against a government agency. In these cases, you must file a Notice of Claim within 90 days and a lawsuit within one year and 90 days.
To protect your right to compensation, contact our experienced transportation workers’ compensation lawyers as soon as possible. This will ensure we can gather all available evidence before it disappears and file your claim on time.
What To Do If You’re a Transit or Transportation Worker Who Has Been in a Workplace Accident
If you are an injured transit or transportation worker with a workplace injury, take proactive steps to protect your workplace injury claim. Report your injury to your employer immediately and seek medical care from an authorized provider. Report all of your symptoms to your doctor as soon as they appear.
Obtain names and contact information for co-workers who witnessed your accident. If possible, write down the names of the manufacturers of any equipment you used. You will also need to give your employer notice and file a C-3 Employee Form before the governing deadlines. Contact our skilled attorneys as soon as possible to ensure you complete each step correctly.
