New York's workers' compensation system moves on its own timeline, follows its own rules, and seldom explains itself to the people it's supposed to help. Most injured workers spend weeks trying to understand a process that insurance carriers and employers already know inside and out.
MCV Law has represented injured workers across New York State for 45 years. Our attorneys handle Workers' Compensation cases before the New York Workers' Compensation Board, and when a workplace injury also gives rise to a personal injury claim or a Social Security Disability case, we coordinate all three under one roof.
Call us at 315-471-1664 or reach out online for a free consultation. We charge you zero fees unless we win.
Why Do New York Workers' Comp Claims Get Denied?
New York workers' compensation claims get denied for reasons that have nothing to do with whether the injury was real or not.
The New York Workers' Compensation Board (WCB) has strict procedural requirements, and a single missed deadline or incomplete medical report gives an insurance carrier grounds to contest a claim.
The WCB Process Is Not Designed to Be Self-Explanatory
Workers' Compensation Law (WCL) §18 requires injured workers to notify their employer within 30 days of an injury. Missing that window, even by a few days, gives the carrier a basis to dispute liability. Most workers don't know this until after it has already happened.
Common reasons New York workers' comp claims are challenged include:
- The injury was not reported to the employer within 30 days as required by WCL §18
- Medical treatment was obtained from a provider not authorized by the WCB
- The employer or carrier disputes that the injury occurred at work
- There is a gap between the injury date and when the worker first sought medical treatment
- The WCB case file is missing documentation a law judge needs to rule on benefits
A denied claim is not the end of the road. New York allows multiple levels of appeal, including review by the WCB's full board and, if necessary, the Appellate Division of the New York Supreme Court. The path forward depends on why the claim was denied and what the record contains
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How MCV Law Handles NY Workers' Compensation Cases
MCV Law's workers' compensation practice is built around one principle: injured workers get better outcomes when a lawyer is involved from the beginning.
Our managing partner, William W. Crossett IV, has appeared before the New York Workers' Compensation Board for over twenty years.
He is a past president of the Injured Workers' Bar Association of New York, a fellow of the College of Workers' Compensation Lawyers, and the recipient of the 2019 New York State Bar Association (NYSBA) Mary M. Russo and John Sciortino Award for outstanding contribution to workers' compensation law.
Personal Attention to Every Case
When you contact MCV Law, you speak directly with an attorney. Not a screener, not a legal assistant running through a checklist.
Our attorneys conduct intakes because they can assess the strength of a claim, identify issues with medical evidence, and spot third-party liability angles that a non-attorney intake model would miss entirely.
What Happens When Your Injury Involves More Than One Claim
A workplace injury does not always produce just one legal case. If a third party caused or contributed to your injury, such as a contractor on a job site, a vehicle driver, or a defective piece of equipment, you may also have a personal injury claim alongside your workers' comp case.
If your condition prevents you from working long-term, a Social Security Disability (SSD) claim may follow.
MCV Law handles all three practice areas under one roof. That matters because the timing of settlements across these cases directly affects total recovery. A firm that handles only workers' comp may close your case at the wrong moment, leaving money on the table that a coordinated strategy would have recovered.
Call 315-471-1664 to talk through what your case may involve.
What Types of Workers' Compensation Claims Does New York Cover?
New York Workers' Compensation Law covers most employees who are injured while performing work-related duties. Coverage applies regardless of fault. You do not need to prove your employer was negligent to receive benefits. You need to show the injury arose out of and in the course of employment.
New York workers' comp covers a wide range of claim types. The most common situations we handle include:
What Benefits Are Available Under New York Workers' Comp?
New York workers' compensation provides several categories of benefits to injured workers. Lost wage benefits replace two-thirds of the injured worker's average weekly wage, subject to the maximum weekly rate set annually by the WCB.
Medical benefits cover all reasonable and necessary treatment from a WCB-authorized provider, with no out-of-pocket cost to the worker.
When a disability is permanent, either partial or total, additional benefits apply. Permanent partial disability (PPD) benefits are calculated based on the worker's loss of wage-earning capacity.
Schedule loss of use awards provide a lump-sum payment based on the statutory value of the affected body part multiplied by the percentage of permanent impairment.
How Long Do You Have to File a Workers' Comp Claim in New York?
New York workers' compensation claims must be filed within two years of the date of injury under WCL §28. For occupational disease claims, the two-year period runs from the date of disablement or the date the worker knew or should have known the condition was work-related, whichever is later. Missing this deadline may permanently bar recovery.
What Happens at a Workers' Compensation Board Hearing?
A Workers' Compensation Board hearing in New York is a formal legal proceeding before a Workers' Compensation Law Judge (WCLJ).
The judge reviews medical evidence, hears testimony, and issues rulings on issues like accident causation, medical treatment authorization, and the degree of disability. Insurance carriers routinely have legal representation at these hearings.
Appearing without a lawyer at a WCB hearing puts you at a structural disadvantage. Carriers challenge medical opinions, contest classification of injuries, and dispute wage calculations. Knowing which arguments to counter and how to introduce medical evidence properly takes experience with the Board's procedures and expectations.
Our attorneys have represented clients before the WCB for decades. If you're in the Syracuse area, our local workers' comp team can meet with you in person ahead of any hearing to go through the case together.
What Is a Section 32 Settlement in New York?
A Section 32 settlement under WCL §32 closes a workers' comp case in exchange for a lump-sum payment.
The settlement covers future lost wage benefits and, in some agreements, future medical treatment for the accepted injury. Once approved by the WCB, a Section 32 settlement is final and non-modifiable.
The decision to settle under Section 32 is one of the most consequential choices in a workers' comp case. The right time to settle and accept depends on the worker's age, medical prognosis, earning capacity, and whether a related personal injury or SSD case is still open.
Settling too early may permanently reduce total recovery across all three claim types.
Ask MCV Law
Q: Do I need a lawyer for a workers' comp claim in New York if my employer isn't disputing it?
A: Yes, you still benefit from legal representation even in an uncontested New York workers' comp claim. Carriers accept liability initially and dispute the degree of disability or the permanency finding later. An attorney monitors the case at each stage, not just at the filing.
Q: Can I be fired for filing a workers' comp claim in New York?
A: New York law prohibits retaliation against an employee for filing a workers' compensation claim. If your employer terminates or demotes you after you file, that gives rise to a separate legal claim under WCL §120.
Q: What if the insurance carrier sends me to their own doctor?
A: New York carriers have the right to schedule an independent medical examination (IME). The IME physician works for the carrier, not for you. Their report minimizes the injury or recommends a return to work before it is medically appropriate. An attorney may help you challenge an IME opinion with your treating physician's records and testimony.
Q: Does workers' comp in New York cover mental health conditions?
A: New York workers' compensation may cover psychological injuries that arise directly from a work-related physical injury or from an acute traumatic event on the job. Pure stress claims without an accompanying physical injury face a higher evidentiary standard before the WCB.
Q: How long does a New York workers' comp case take to resolve?
A: New York workers' comp cases vary widely in length. Straightforward claims with clear liability and limited disputed issues may resolve in months. Cases involving permanent disability, contested medical evidence, or Section 32 settlement negotiations commonly take one to three years. The WCB's hearing schedule and the complexity of the medical record are the two largest factors.
Q: Will I have to pay out of pocket to hire an NY workers' comp lawyer?
A: No, you generally will not pay out of pocket for workers' comp representation in New York. Attorney fees in New York workers' comp cases are regulated by the WCB and paid as a percentage of any monetary award, subject to board approval. There is no upfront retainer and no fee if there is no recovery.
Q: Can I still appeal if my workers' comp claim was denied?
A: Yes, a denied New York workers' comp claim may be appealed. The first level of appeal is to a WCB panel. If the panel rules against you, further appeal to the full board is available. After exhausting board-level appeals, cases may proceed to the Appellate Division of the New York Supreme Court. Deadlines apply at each stage.
Q: Do I have a workers' comp claim if I was injured while working from home in New York?
A: Yes, you may have a valid workers' comp claim for an injury that occurred while working from home in New York, provided the injury arose out of and in the course of performing work duties. The same "arising out of employment" standard applies regardless of whether the work location is a traditional worksite.
Q: Can I collect workers' comp and Social Security Disability benefits at the same time in New York?
A: Yes, you may collect both New York workers' comp benefits and Social Security Disability Insurance (SSDI) benefits simultaneously, but there is an offset. Social Security reduces SSDI payments when the combined total of SSDI and workers' comp exceeds 80% of the worker's average current earnings.
Talk to an NY Workers' Compensation Lawyer Before the Insurance Carrier Shapes Your Case
MCV Law has been serving Central New York for 45 years. William Crossett has appeared before the Workers' Compensation Board, testified before the New York State Senate on workers' comp law, and received the NYSBA's highest recognition in this practice area.
Our offices are in Syracuse, Auburn, and Chittenango, and we serve injured workers statewide.
Call 315-471-1664 today. You may also reach us through our online contact form. The consultation is free. There is no fee unless we recover money for you.