Were you injured on the job in New York?
At Polsky, Shouldice & Rosen, P.C., we have represented injured workers across New York for more than 30 years, and we bring that experience to every claim.
If you were hurt at work in New York, the costs add up fast: lost income, medical treatment that cannot wait, and a claims process that rarely favors the worker. A denied or delayed claim can strain a household's finances. Our New York workers' compensation lawyer has spent decades guiding injured workers through hearings, appeals, and disputed claims. We know how the system works, and we know how carriers try to minimize payouts. Call for a free consultation to discuss your options.
Workers' Compensation Lawyer New York, NY
Workers' compensation is insurance that pays cash benefits and medical care to employees who are hurt or made ill by their jobs. It is a no-fault system, which means you can receive benefits even when no one was negligent, as long as the injury arose out of your work. Employers pay for the coverage, and workers pay nothing toward it.
Coverage reaches most people who work for an employer in the state, including part-time and many undocumented workers. It applies whether the harm came from one sudden accident or repetitive stress built up over years. In exchange for that certainty, workers' compensation generally replaces the right to sue an employer. A New York workers' comp lawyer helps you prove the injury is work-related, secures the benefits you are owed, and steps in when the carrier fights back.
Types of Workers' Compensation Cases We Handle in New York
Work injuries come in many forms, from a single hard fall to a condition that builds over years. We represent injured workers throughout New York in claims like these.
- Construction accidents. Falls, scaffold collapses, and equipment injuries send construction workers to the hospital and out of work. We handle these high-stakes claims from the first filing through any appeal.
- Workplace injuries. Slips, trips, lifting injuries, and machinery accidents happen across every industry. We pursue the medical and wage benefits injured workers are entitled to.
- Repetitive stress injuries. Carpal tunnel, tendonitis, and other strain conditions develop from doing the same motion for years. Repetitive stress injury claims are compensable, though carriers often dispute them.
- Occupational illnesses. Some jobs expose workers to dust, chemicals, or fumes that cause disease over time. We represent workers whose conditions are tied to what they breathed or handled on the job, even when symptoms show up years later.
- Uber accidents. Drivers hurt in work-related crashes may be covered even when the injury happens out on the road. We look at every source of benefits available to them, since a single crash can trigger more than one claim.
- Essential worker claims. Frontline employees face exposures and injuries that others do not. We help these workers document their claims and secure the benefits they earned.
- Back, neck, and spinal injuries. Lifting, twisting, and sudden impacts produce some of the most common and most disabling work injuries. Herniated discs and nerve damage can keep a worker off the job for months and often require surgery.
- Denied and undervalued claims. Not every case we take is new. Many workers come to us after a carrier has refused to pay or cut off benefits, and those disputes are among the claims we handle most.
Why Choose Polsky, Shouldice & Rosen, P.C. as Your Workers' Compensation Attorney in New York, NY?
A Practice Built Around Injured Workers
We represent injured workers and only injured workers. Donald Shouldice has practiced workers' compensation law since 1992 and sits on the Board of Directors of the Workers' Compensation Alliance, where he has pushed to strengthen the laws that protect employees. Mark Polsky has handled these claims since 1987 and leads the Nassau County Bar Association Workers' Compensation Committee. Adam Rosen has focused on workers' compensation for nearly three decades and has managed claims across the firm's New York offices. Their years in front of the Board shape how we prepare every case, from the first filing to the final award.
Experience With Denied and Disputed Claims
A denial is not the end of a claim. It is often the point where a workers' compensation attorney matters most. We regularly step into claims that carriers have denied and take them through hearings and appeals. A denial letter is not a verdict, and many workers who are told no are entitled to benefits once the record is built and presented the right way. If you are wondering when to hire a lawyer, a dispute over your benefits is one of the clearest signs that it is time.
Understanding Workers' Compensation Cases
Damages, Benefits, and Compensation for Workers' Compensation Cases
Workers' compensation pays defined benefits rather than the broad damages available in a lawsuit. Because fault is not in question, you cannot recover damages for pain and suffering through the comp system, but you also do not have to prove anyone was negligent. Benefits generally include:
- Medical care for the work injury, including treatment, surgery, and medication
- Wage replacement, usually two-thirds of your average weekly wage up to a state maximum
- Scheduled awards for permanent loss of use of a body part
- Death benefits for the families of workers killed on the job
The size of your wage benefit depends on how disabling the injury is. Claims are commonly divided into temporary total disability, when you cannot work at all while you heal, and temporary partial disability, when you can do some work at reduced pay. Lasting harm is classified as permanent partial or permanent total disability once you reach the point where your condition is no longer improving.
When a third party outside your employer caused the injury, a separate negligence case may be possible, and those cases can reach damages the comp system does not. Some workers also resolve claims through a Section 32 settlement.
What Are Important Aspects of a Workers' Compensation Case?
The strongest claims include these factors:
- Reporting the injury to your employer in writing, quickly.
- Getting medical care from a provider authorized by the Board.
- Making sure every record ties your condition to your work.
- Keeping copies of forms, letters, and denials from the carrier.
Small mistakes early can cost benefits later, which is why guidance on maximizing your benefits pays off well before a hearing is ever scheduled.
What Is the Workers' Compensation Case Timeline?
No two claims move at exactly the same speed, but most follow a familiar order:
- You report the injury and start treatment.
- A claim is filed with the Workers' Compensation Board.
- The carrier accepts the claim or files a dispute.
- A judge holds hearings if the claim is contested.
- Benefits are paid while you recover, with a permanency award possible once treatment stabilizes.
Deadlines apply, so acting early keeps your rights intact. Missing an early step can stall a claim for months, which is why the key filing timelines deserve immediate attention. A contested claim naturally takes longer than one the carrier accepts, and a case that heads to appeal longer still.
What Should You Bring to Your Workers' Compensation Consultation?
You do not need a full file to meet with us, but a few things help us assess your case:
- Any claim forms or paperwork you have received
- Your medical records, bills, and provider names
- Correspondence from your employer or the insurance carrier
- A short account of how and when the injury happened
During a free consultation, we will review where your claim stands, explain your rights, and lay out what to do next. We will tell you plainly whether we think a lawyer can help and how the process is likely to unfold. Bringing what you have lets us give you clearer answers sooner, and there is no cost to sit down and talk it through.
What Are Important New York Legal Resources for Workers' Compensation Cases?
These public resources can help injured workers in New York understand the rules behind a claim.
- The Workers' Compensation Board offers guidance on filing, hearings, and worker rights.
- New York's Workers' Compensation Law sets a two-year deadline to file most claims after an injury.
- The Board explains the benefits available, from medical care to lost-wage payments.
- For third-party injury cases, New York's comparative negligence rule reduces recovery by the injured person's share of fault rather than barring it.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
If you were hurt on the job anywhere in New York, our attorneys are ready to help you protect your claim. The consultation is free, and there is no pressure to hire us before you are ready. Contact us to schedule a time to meet, and we will respond promptly so you can get moving on your case.
