7 Critical Reasons You Need an NYC Workers’ Comp Lawyer

NYC Workers’ Compensation Lawyers Protecting Injured Workers in New York City

If you were injured at work in New York City, your life can change fast—one moment you are lifting, driving, building, treating patients, or serving customers. Next, you are in pain, missing paychecks, trying to make sense of Workers’ Compensation Board notices, and worrying about your job and your future.

New York workers’ compensation is supposed to protect you. In real cases, employers and insurance carriers often focus on limiting what they pay. That is when an experienced NYC workers’ compensation lawyer can protect your health, your income, and your long-term earning power.

At Greenstein & Pittari, LLP, our New York City workers’ comp attorneys represent injured workers across Manhattan, Brooklyn, Queens, The Bronx, and Staten Island, and also help clients in Yonkers and Nassau County. We help you:

• Navigate the New York workers’ compensation system from start to finish
• Fight claim denials, delays, and stopped checks
• Protect your medical care, wage benefits, and disability awards
• Pursue every dollar the law allows, including Schedule Loss of Use awards and permanency benefits

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation with an NYC workers’ compensation lawyer.
You pay no upfront fee. You do not pay us unless we are successful.

How Workers’ Compensation Works in New York City

New York workers’ compensation is generally a no-fault system. You typically do not have to prove your employer did anything wrong. You may qualify if:

• You were injured while performing job duties, or
• You developed a work-related illness or medical condition

Many workers are covered regardless of:

• Full-time, part-time, temporary, or seasonal status
• How long have you worked for the employer
• Whether you are paid by check, cash, or in a way that should have been treated as payroll
• Immigration status
• Whether your own mistake contributed to the accident

Workers’ comp benefits in New York can include:

• Medical treatment for work-related injuries and illnesses
• Wage replacement when you cannot work or can only work with restrictions
• Permanent disability benefits when your ability to work is permanently limited
• Schedule Loss of Use (SLU) awards for permanent loss of function involving arms, legs, hands, feet, fingers, or toes

In theory, the process is simple. In practice, many NYC workers face:

• Delayed claim decisions and missing wage checks
• Disputes about whether the injury happened at work
• Denials of surgery, physical therapy, pain management, or diagnostic testing
• Pressure to return to work before you are medically ready
• Low settlement offers that ignore future medical needs and lost earning capacity
• Retaliation or hostility after reporting a workplace injury

If the system is not working for you, a New York workers’ compensation attorney can step in and take control of the process.

Why Hiring an NYC Workers’ Comp Lawyer Early Can Protect Your Claim

Many injured workers wait until something goes wrong, such as a denial, a sudden stop in checks, an IME notice, or a confusing letter from the Workers’ Compensation Board.

Insurance companies often have experienced teams involved immediately. You should have the same protection.

Hiring a New York City workers’ comp lawyer early can help you:

• Avoid mistakes that can reduce benefits or damage your claim
• Ensure your average weekly wage (AWW) is calculated correctly, including overtime, tips, bonuses, and second jobs when applicable
• Protect you from insurer tactics involving adjusters, nurse case managers, and IME doctors
• Preserve medical evidence and work documentation
• Meet deadlines and keep your claim moving through the system

If you are unsure what to do next, call 1-800-VICTIM2 (1-800-842-8462). The consultation is free and confidential.

7 Critical Reasons You Need an NYC Workers’ Compensation Lawyer

1. You Are Out of Work or Losing Income After a Workplace Injury

When your injury keeps you from working, your finances can collapse quickly. You may be:

• Unable to work at all
• Limited to light duty with lower pay
• Cleared for restricted work, but your employer refuses to accommodate restrictions

A New York City workers’ comp lawyer can help you pursue the correct wage benefits, including:

• Temporary total disability benefits when you cannot work
• Temporary partial disability benefits when you can only work with restrictions or reduced pay
• Payments based on an accurate average weekly wage

A lawyer can also step in when you are pressured to return to your whole duty before your doctor says it is safe.

2. You Suffered a Serious, Surgical, or Long-Term Injury

Serious injuries often involve high medical costs and long recovery periods, such as:

• Back, neck, shoulder, knee, and spinal injuries
• Head injuries, concussions, or traumatic brain injuries
• Surgery, injections, or invasive procedures
• Extended physical therapy, pain management, or specialist care
• Long-term restrictions or permanent disability

Insurance carriers often push to minimize the number of serious claims by disputing injuries, questioning treatment, or reducing disability ratings.

An NYC workers’ compensation attorney can:

• Work with your treating doctors to build strong medical support
• Seek the correct disability classification and percentage
• Fight for the maximum benefits available under New York law
• Evaluate whether you may also have a third-party personal injury claim in addition to workers’ comp

3. Your New York Workers’ Comp Claim Was Denied or Delayed

A denial is not the end. It is often the start of a legal fight that must be handled correctly.

Insurance companies may claim:

• You did not report the injury on time
• The injury did not happen at work
• Your condition is preexisting
• There is not enough medical evidence

A New York workers’ compensation lawyer can:

• Review the denial and identify what the insurer is relying on
• Collect medical records, job records, and witness statements
• Prepare your case for the New York Workers’ Compensation Board
• File the proper paperwork on time
• Represent you at hearings and challenge the insurer’s doctors and witnesses

Many denied NYC workers’ comp claims are later approved when the evidence is presented correctly, and deadlines are met.

4. The Insurance Company Stopped Paying for Medical Treatment

A common turning point in NYC workers’ comp cases is when the carrier stops authorizing care. This can include:

• Denials of surgery, injections, or specialist referrals
• Refusal to approve MRIs, CT scans, or other testing
• Claims that treatment is not medically necessary
• Attempts to end care after an IME says you are recovered

A New York City workers’ comp attorney can:

• Challenge improper denials under New York medical treatment guidelines
• Obtain detailed reports from treating doctors to support ongoing care
• Dispute biased IME findings
• Push back against unsafe return-to-work pressure

You should not have to fight alone to get the medical care your work injury requires.

5. You Received a Low Settlement Offer or Were Pressured to Sign

Insurance companies may offer a lump-sum settlement and push you to accept it quickly. Settlements can be risky if they:

• Ignore future surgeries, therapy, or prescriptions
• Underestimate how long you will be out of work
• Fail to account for permanent disability or reduced earning capacity
• Limit your ability to reopen the claim later

A NY workers’ comp lawyer can:

• Estimate the real value of the case, including future needs
• Explain what rights you give up by settling
• Negotiate for a settlement that reflects your long-term reality

You usually only get one meaningful opportunity to settle. Before you sign anything, please make sure you understand what it really means.

6. The Employer or Insurer Blames a Preexisting Condition

In NYC workers’ comp cases, insurers often blame symptoms on:

• Prior injuries or accidents
• Arthritis or degenerative changes
• Chronic conditions

Under New York law, if work aggravated or worsened a prior condition, you may still be entitled to benefits.

A New York City workers’ comp attorney can work with your doctors to show:

• What changed after the work incident
• Why the job duties or workplace event worsened the condition
• How have your functional limitations increased because of the work injury

7. Your Employer Says the Injury Did Not Happen at Work

Employers sometimes dispute claims by saying:

• You were injured off the clock
• You were hurt somewhere else
• The job could not have caused the condition

A NYC workers’ compensation lawyer can help prove work-relatedness by gathering:

• Medical records linking the incident and your symptoms
• Witness statements from coworkers and supervisors
• Incident reports, workplace documentation, and other evidence
• A clear timeline of what happened and what symptoms followed

If your employer denies what happened, legal help can make the difference between approved benefits and none.

Other High-Stakes Issues Where an NYC Workers’ Comp Lawyer Helps

Some cases involve additional problems that can seriously affect your benefits.

Retaliation, Harassment, or Job Pressure After Filing

Retaliation is illegal, but it still happens. Signs include reduced hours, pay cuts, harassment, demotions, or termination after you report an injury. If your workplace becomes hostile after you file, we can help you document what is happening and evaluate additional legal options.

Your Average Weekly Wage Seems Too Low

Your average weekly wage affects every wage check. Errors occur when overtime, tips, bonuses, second jobs, or fluctuating income are not handled appropriately. We review payroll records and advocate for accurate wage calculations before it becomes difficult to correct.

Repetitive Stress Injuries and Occupational Diseases

Not all NYC workplace injuries result from a single accident. Many develop over time, such as repetitive strain injuries, respiratory illness from exposure, and hearing loss. These cases often require more substantial medical proof and a clear timeline. We help build the evidence.

Independent Medical Exams

The insurance company hires IME doctors and often supports benefit reductions. We prepare you for the exam, review the IME report, and challenge unfair conclusions.

Uninsured Employers

Some employers fail to carry workers’ comp insurance. Injured workers may still have options, including claims through the Uninsured Employers Fund. We can confirm coverage and pursue the correct process.

Workers’ Compensation and SSDI

Workers’ comp can affect Social Security Disability and vice versa. Settlements can create unnecessary offsets if not structured properly. We can coordinate both claims when needed to protect your overall recovery.

How Greenstein & Pittari, LLP Helps Injured Workers in New York City

When you hire our firm, you get a legal team that focuses on the evidence and the outcome. We:

• Investigate how the injury happened and what your job required
• Gather medical records, diagnostic tests, specialist reports, and treatment documentation
• Collect pay stubs, tax records, and employment documents to prove wage loss
• File the claim and handle appeals correctly and on time
• Challenge denials, low disability ratings, and biased IME reports
• Represent you at hearings before New York Workers’ Compensation Law Judges
• Evaluate settlement options and explain them in plain language
• Coordinate third-party claims and SSDI issues when appropriate
• Communicate clearly so you are never left guessing

You focus on healing. We handle the insurance companies and the Workers’ Compensation Board process.

Fees and No Fee Unless Successful

We understand finances can be tight after a work injury. At Greenstein & Pittari, LLP:

• You pay no upfront attorney fees in workers’ compensation cases
• Attorney fees are generally contingency-based and must be approved by a Workers’ Compensation Law Judge
• Fees are typically paid from an award or settlement we obtain, not from weekly checks without approval
• If we do not obtain additional money or a settlement for you, you generally do not owe an attorney’s fee

Call 1-800-VICTIM2 (1-800-842-8462) to learn how fees work in your situation. The consultation is free.

FAQ: NYC Workers’ Compensation and Hiring a Lawyer

Do I need a lawyer for every workers’ comp claim in New York City?

Not always. Minor injuries with minimal treatment, no missed work, and no disputes may be handled without a lawyer. You should speak with an NYC workers’ comp lawyer if you are out of work, losing income, facing a denial or delay, scheduled for an IME, offered a settlement, or dealing with an employer dispute.

When do you think I should contact an NYC workers’ compensation lawyer?

As early as possible. Many problems can be prevented with early legal help, especially issues with wage calculations, missed deadlines, and gaps in medical documentation. If you already have a denial or a hearing date, it is still worth calling. A lawyer can step in quickly.

What if my workers’ comp claim was denied in New York?

A denial is not necessarily final. A lawyer can analyze the denial, identify the missing evidence, file appeals on time, prepare witnesses, and represent you at Workers’ Compensation Board hearings.

What if the insurance company is paying some benefits, but it is not enough?

This happens often in NYC workers’ comp cases. You may be underpaid because of an incorrect average weekly wage, an improper disability classification, or unnecessary limits on treatment. A lawyer can review the file, challenge the numbers, and push for additional benefits.

Can I still get workers’ comp if I have a preexisting condition?

Yes, in many cases. If work aggravated or worsened a preexisting condition, you may still qualify for benefits. The key is clear medical documentation explaining the change in symptoms and function following the work incident.

What deadlines apply to workers’ comp claims in New York?

Deadlines matter. In general, you should report an injury as soon as possible and typically within 30 days. You should also file a claim with the New York Workers’ Compensation Board as soon as you can. Occupational diseases and repetitive trauma cases may involve different timing rules. If you are unsure, please speak with a lawyer right away, as missed deadlines can harm your case.

Can undocumented workers get workers’ comp in New York City?

In many cases, yes. New York workers’ compensation law does not automatically exclude undocumented workers. If you were injured while working in NYC, you may still be eligible for medical and wage benefits. Our firm handles these cases with discretion and respect.

What is an IME, and why does it matter?

An independent medical exam is performed by a doctor hired by the insurance company. The carrier may use the report to reduce benefits, cut off medical care, or claim you can return to whole duty. A lawyer can prepare you for the exam and challenge unfair IME conclusions.

How does workers’ compensation affect Social Security Disability?

Workers’ comp benefits can affect SSDI benefits and vice versa. Some settlements can create avoidable offsets. A lawyer can coordinate both claims and help structure settlements to reduce unnecessary financial harm where possible.

Can I work another job or quit while receiving workers’ comp in New York?

Be careful. A new job can reduce wage loss benefits, and quitting can affect eligibility for ongoing benefits. Insurers may also use new income to argue that you are less disabled. Could you talk to a lawyer before changing jobs, taking on new work, or resigning?

What do you think I should bring to my free consultation?

If you have them, bring medical records, hospital discharge papers, incident reports, letters from the carrier or Workers’ Compensation Board, pay stubs or tax records, and any IME notices. If you don’t have all the documents, no worries. We can help gather what is needed.

Speak With an NYC Workers’ Compensation Lawyer Today

You should not have to choose between your health and your paycheck. You should not have to fight the insurance company alone while you are injured.

If you were hurt at work or developed a job-related illness anywhere in New York City, contact Greenstein & Pittari, LLP today.

Call 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation with an NYC workers’ comp lawyer.
The call is free. The consultation is free. You do not pay unless we are successful.