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Workers’ Compensation

Workers’ Compensation FAQ

Attorneys Fighting for New York’s Injured Workers Since 1983

Workers’ compensation laws in New York can be complex and challenging to understand. Discuss your case with a trusted attorney who can explain your rights and fight for your future. The Perecman Firm, P.L.L.C. is a trusted legal team with a reputation for excellence. We've recovered over $300 million for our clients! Call our office at (212) 577-9325 to schedule a free review if you have questions beyond what we've covered below.

Should I hire an attorney for my workers' compensation case?

At The Perecman Firm, P.L.L.C., we do believe this is the right way to proceed. Workers’ compensation laws are complex, but the progression of your case could have a stark effect on your future. Having the right team on your side makes all the difference.

If I don't like my lawyer, can I get a new attorney?

Absolutely. You have the right to change your attorney at any point in your case. In most personal injury actions, this will not result in higher fees. Your attorney should be someone you trust, and you should be able to enjoy a relationship with him / her of mutual respect and courtesy. If you are not happy with your current representation, you have the right to seek a new lawyer.

If I return to work after my injury, who should I tell?

Your attorney should be the first to know. They can let the Workers' Compensation Board know, as well as work with your insurance company on your case.

If I receive workers' compensation, does that prevent me from filing a lawsuit?

No. Workers’ compensation laws in New York do prevent you from suing your boss directly; however, you may be entitled to file suit against the owner of the job site and / or your general contractor.

When should I contact an attorney?

The sooner you get in touch with a lawyer, the better. Avoid the applicable deadlines and improve your chances of a successful case outcome by contacting a workers’ compensation attorney you trust right away.

Should I return to work after my work-related injury?

Returning to work can help you heal more quickly, and it brings the advantage of additional income and benefits. In addition, workers do not get raises or promotions while out of work. Because workers' compensation does not match your full pay, many workers choose to return to work after an injury.

What happens to my workers' compensation benefits if I go back to work?

The answer is partially dependent on what you earned prior to being injured. However, if you return to work but find that your pay has been decreased due to your work-related disability, workers' compensation payments can help make up the difference. This is known as a reduced earnings benefit.

Can I still get medical treatment if I return to my job?

Absolutely. In fact, you can ask to be repaid for travel costs, medications, and any other prescribed treatment.

Can an employer refuse to hire me because I have a compensation case?

No. In fact, prospective employers are forbidden from asking you about workers' compensation claims. They also cannot deny you employment for past claims.

What if I return to work but find out I can't do my job?

If you return to work and find that you cannot do your job, reopening your workers' compensation case is an option. You may collect benefits again if your injuries keep you out of work for longer than you expected. You also have the right to ask for changes to your job to accommodate your injury. The Workers' Compensation Board helps injured workers find new jobs or retrain for new careers. Call the WCB at 1-800-580-6665.

I returned to work, but I still lose hours because of my work-related injury. Can I get benefits for those hours?

Yes. This is known as Intermittent Lost Time. Keep all records, both pay stubs and records of absent days. Also, be sure to let your insurer know as soon as possible, as well as the Workers' Compensation Board.

More Than $300 Million In Verdicts & Settlements For Our Clients

The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $300 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.

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  • $40,000,000*
    Medical malpractice. Child's brain damage.
    $15,208,168**
    Construction worker fell from a ladder, jury verdict.
    $9,825,000***
    Construction worker/ laborer fell from the scaffold, jury verdict.
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