New York Workers’ Compensation Benefits


New York Workers’ compensation benefits are a system designed to help workers who are injured on the job or have become ill because of their work environment. Employers must carry Workers’ Compensation insurance to cover the cost of benefits that will need to be paid to injured workers.

Insurance companies pay these Workers’ Compensation benefits to the workers. Still, they will often either deny your claim or make you an offer lower than what you are entitled to settle quickly and avoid a trial. Having legal representation can help you get the maximum benefits you are entitled to. Contacting the professionals at Polsky, Shouldice & Rosen, P.C. can provide the experience and guidance needed to help manage your case. 


  • Full Medical Coverage: You are covered for the cost of emergency care, follow-up doctor’s visits, rehabilitation sessions, prescriptions, medical supplies, medical specialists, and transportation to and from doctors, with no deductibles or copays.
  • Lost Wages During Recovery Time: You can get benefits for missed work days because of injuries or illness. Typically you are entitled to a weekly benefit of 2/3 (tax-free) of your average weekly earnings, up to a maximum of $808.65.
  • Permanent Injury Coverage: Work-related injuries can result in a permanent physical impairment that affects your ability to return to your job. Even minor injuries may qualify for a small permanent disability payment.
  • The Difference Between Past and Present Earnings: If you return to work and suffer reduced earnings due to your work-related injury, you may be entitled to the difference between past and present earnings. Even if you return to work with no loss of earnings, you are entitled to continuing medical treatment if necessary.
  • Possible Cash Awards: For any permanent impairment to extremities, regardless of whether or not you lose any time from work.
  • Vocational Rehabilitation Services: If you have to change jobs because you can no longer work in the same field, many states will pay for job retraining or re-education.
  • Death Benefits: Your dependents are entitled to burial expenses and a lump-sum payment in most states in this unfortunate event.


Insurance companies will always try their best to deny your Workers’ Compensation claim or give you less than you deserve. Therefore, it may be difficult for you to get the benefits you deserve. They may pressure you to quickly settle while you are still in distress because of your injury, so they can pay you less compensation than you are entitled to. They may even deny you medical treatment.

Your employer may try to discourage you from filing a claim because their Workers’ Compensation insurance rates may go up. Employer-paid doctors are not always on your side and may not give you an “off-work” order or say your injury limits your work ability. Even the NY State Workers’ Compensation rating system may say your injury is not permanent, limiting your long-term benefits.

Workers’ compensation is complicated! 

But it doesn’t need to be. You can have an experienced Workers’ Compensation attorney by your side to support you when claiming compensation from big insurance companies. We have been practicing Workers’ Compensation law in New York and Long Island for over 30 years. We know what you deserve and will fight for you to get it.


  • The kind of injury you have
  • The doctor’s report
  • How long it takes you to recover
  • Whether or not you can return to work
  • Special therapies you may need
  • If your injury is permanent
  • If you need vocational training
  • How your lifestyle is affected
  • If your paperwork is in order and filed correctly
  • Who is representing you

If you have been injured, contact Polsky, Shouldice, & Rosen, P.C. for assistance with your New York workers’ compensation benefits today. 

An Employee’s Guide to Workers’ Compensation

When facing an accident that happened at work, there may be several hardships to contend with and, having an understanding of New York workers’ compensation benefits will be imperative. Having a lawyer from Polsky, Shouldice & Rosen, P.C. is essential as they can help you understand the benefits available to you while also protecting your best interests. Our firm has been protecting workers since 1991, making us the top option when searching for an area lawyer. We can listen to your needs and help develop a strategy for managing your workers’ compensation case. 

What You Need to Know About Workers’ Compensation

When an employee has been injured while at work, they may have the ability to access workers’ compensation benefits. Workers’ compensation is a form of insurance required in most states across the country. However, it’s essential to know how the services are accessed varies based on where you live. While in some cases workers’ compensation benefits are required through an employer, in other areas, these benefits are available through the state. Workers’ compensation provides several benefits, including:

  • Recovery for a portion of lost wages
  • A no-fault system (in most situations)
  • Coverage for medical expenses
  • Job protection
  • Job Retraining
  • +More

Workers’ compensation benefits are mutually beneficial in New York because they allow employees to access services. In exchange, employers are protected from the possibility of costly lawsuits as a result of the accident. Know that when an employee accepts workers’ compensation, they waive their right to legal action. While in many situations the benefits will provide access to medical treatment and more, it may be a good idea to consult with a lawyer before moving forward. Know that when substantial injuries have resulted, the impact may be significant, and a person’s ability to retain employment or live the life they once had may be challenging. Don’t move forward without speaking with our firm first. 

 The Ins and Outs of NY Workers’ Compensation

The State of New York, like most other states, supports workers’ compensation insurance. This type of insurance is purchased by an employer and protects employees who are injured on the job. It pays for medical expenses and lost wages. These kinds of expenses can be a tremendous burden on injured workers. New York requires businesses to carry workers’ comp, and it’s important to understand how it works.

How Your Benefits Are Determined

NY workers compensation benefits are complex, and determining what you will get can be difficult. There are several factors that go into the decision of whether or not you qualify and how much you get. These include:

  • The medical report from your doctor’s examination
  • The length of your recovery time
  • The kind of injury you suffered
  • When and if you can return to work
  • Whether you need to see a specialist for additional treatment
  • If your injury is permanent
  • How the injury impacts your lifestyle.
  • Whether you will require vocational training
  • Whether you correctly completed and filed the necessary paperwork
  • The quality of your legal representation

The Types of Compensation You May Receive

NY workers compensation benefits can pay for many expenses and losses incurred due to an on-the-job injury. As with any kind of claim, insurance companies tend to try to save money by denying workers’ comp claims. It is advisable to hire a qualified attorney from a firm such as Polsky, Shouldice, & Rosen, PC.  Some of the things you may be compensated for are:

  • Medical expenses – These would include visits to doctors and specialists, surgery, medication, and other items necessary for recovery from the injury.
  • A portion of wages lost while away from work – Generally, you will receive two-thirds of your average weekly earnings up to a maximum of $808.65 per week.
  • Difference in wages – Should you return to work and be paid a lower salary than before the injury, you may receive the difference in compensation.
  • Death benefits – In the case of a fatal injury, your spouse and dependents may receive a lump-sum payment as well as the cost of funeral and burial expenses.
  • Cash award – If you suffer any permanent impairment to your extremities, you may receive a lump-sum payment regardless of whether or not you are able to return to work.

Every job involves some level of risk, and employees need financial protection. NY workers compensation benefits provide that protection. When filing a claim for workers’ comp, you may need legal assistance. A law firm like Polsky, Shouldice, & Rosen, PC can help you get the benefits you deserve.

Get the Assistance You Deserve

Following a job-related accident, it’s not uncommon for victims to be overwhelmed and even apprehensive over how they will cover their losses after the accident. While workers’ compensation provides many benefits, it may not offer the assistance or compensation you need to achieve a full recovery. With the help of Polsky, Shouldice & Rosen, P.C., you can have peace of mind in knowing that we will:

  • Prioritize your case
  • Help you gain a clear understanding of your case and the most appropriate way to move forward. 
  • Develop a solid legal strategy that you will have confidence in
  • Negotiate with insurance companies and the opposing counsel
  • Ensure that the process is properly managed

We know that a work-related injury can be life-altering, which is why enlisting the assistance of Polsky, Shouldice & Rosen, P.C. will be critical. Whether you were recently injured, have insurance companies attempting to negotiate with you, or have just had your claim denied, we can help. After an accident, victims have many challenges to deal with, and when a professional is managing the legalities, it’s possible to move forward in a positive direction following the accident. Our team not only cares about our clients, but we are also eager to assist you in the recovery. One of our top priorities is ensuring that our clients are legally protected by following their wishes. To learn more about New York workers’ compensation benefits, contact our team today. 

Client Review

“The Polsky,Shouldice and Rosen firm is professional, and knowledgeable.The attorneys all are very thorough. The detail oriented staff,can answer any situation that might evolve. The office staff answers emails, and helps in every possible way. They have patience,and listened to my frustrating issues. I have the greatest confidence in their expertise! I never review,but this is a well deserved review! A Bravo to Annie, the Star of their offices,empathy and kindness,for the client”
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Have an experienced attorney on your side. You will work with an attorney all the way through your claims process, and our clients say this made a huge difference to them. Take a look at our Workers’ Compensation claim process to see how we work for you.

Call us today and find out what you are really entitled to. We are The WORKERS Attorneys.




Disclaimer: For informational purposes only. This is not a substitute for legal advice. If you need legal advice please contact us.

Main Office:

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Workers Compensation Lawyers

500 Merrick Rd, Rockville Centre, NY 11570
(516) 594 0909

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Workers Compensation Lawyers

300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201
(718) 875-0909

Brooklyn Office:

Contact Our Brooklyn
Workers Compensation Lawyers

300 Cadman Plaza West One Pierrepont Plaza 12th Floor, 11201
(718) 875-0909