Top Manhattan, NY Workers' Compensation Lawyers

The most common workplace injuries and accidents in Manhattan include:

• Slips, trips, and falls: These typically occur on wet floors, cluttered walkways, or due to uneven surfaces. They often lead to sprains, fractures, or even more serious injuries.
• Struck by moving objects: This type of injury occurs when a person is hit by moving objects such as vehicles, equipment, or falling objects. This often leads to bruises, fractures, and sometimes more severe injuries.
• Overexertion: Injuries due to overexertion are common in jobs requiring physical labor. These include injuries related to lifting, pulling, or carrying heavy objects, and often result in muscle strains and back injuries.
• Repetitive motion injuries: Carpal tunnel syndrome is a notable example of this injury type. It often affects people who perform repetitive tasks such as typing or assembly line work.
• Workplace violence: Incidents of violence are also a leading cause of workplace injuries in Manhattan. Workplace violence often affects healthcare workers, first responders, police, and Metropolitan Transportation Authority workers.

When a workplace injury occurs in Manhattan taking the right steps immediately can significantly impact the outcome of your workers' compensation claim. Below, you’ll find an overview on what to do.

Seek medical attention

Your health should always come first. Even if your injury seems minor, it's important to get medical attention from a qualified doctor as soon as possible. Some injuries might not show symptoms right away.

When you meet with your doctor, ask them to document your visit and the nature of your injury or illness. Let them know that your condition is linked to your job duties or work environment. Be sure to adhere to your doctor’s prescribed treatment, rehabilitation, and follow-up care. This will help you recover faster and prove that your injury is legitimate.

Notify your employer

Notify your employer about your work injury or illness as soon as possible. New York law requires that you inform your employer in writing within 30 days of a work accident or the discovery of a work-related health condition. Delaying notification can lead to delays in your claim or denial of benefits.

When notifying your employer, include the date, time, and circumstances of the injury. Be as specific as possible. If you were involved in a work accident, describe how it occurred and which conditions led to or contributed to it.

Document the incident and injuries

Write down a detailed account of the incident as soon as you can. Include dates, times, any witnesses, and the conditions that contributed to the injury.

If possible, take photos of the area where the incident occurred and any equipment or materials involved. Also, keep a record of your injuries and any medical treatment you receive. If there were any witnesses to the incident, collect their names and contact information. Their accounts may support your claim.

Keep medical records

Secure copies of all medical records that detail the nature and extent of your injury. This includes diagnostic reports, treatment plans, and medical evaluations. Also, keep all receipts for expenses you incur as a result of your injury, such as payments for medical treatments, prescriptions, and any medical devices needed.

Appointment logs are equally important as they show a timeline of your treatment and recovery progress. For each medical appointment, note the date, provider's name, diagnosis, treatment provided, and any work restrictions or accommodations recommended.

To make this process easier, get a file or binder to store all your medical records related to your workplace accident or health condition. Organize the documents chronologically or by healthcare provider to make them easy to reference.

Keep all communications

Document all interactions with your employer regarding your injury and workers' compensation claim. This includes initial injury reports, follow-up communications, and any formal requests for workplace accommodations or modifications due to your injury. These documents can demonstrate your employer's response to your injury and your efforts to comply with all procedural requirements.

Keep all official communications you receive from the workers' compensation board or the insurance company. This includes determination letters, updates on your claim status, requests for additional documentation, and any notices regarding changes to your benefits. These communications officially reflect the actions and decisions of the entities managing your claim.

Firstly, to be eligible for workers’ compensation, you must be an employee (not an independent contractor) at the time of the injury to qualify. Determining status can sometimes be complex, particularly in industries with gig workers or freelancers. If you’re not sure, it’s best to check with the company or organization you work for or speak to a lawyer.

Secondly, your injury or illness must be directly related to your work duties or employment. This includes injuries occurring at the workplace or elsewhere, as long as you were engaged in job-related activities.

Workers’ comp in New York covers:

• All necessary medical care directly related to the work injury or illness, including hospital visits, medications, and rehabilitation therapies.
• A percentage of your average weekly wage if you’re unable to work.
• Additional compensation for permanent impairment, whether you can only return to work on light duties or you can’t return to work at all.
• Vocational rehabilitation and retraining if you must change jobs due to your injury or occupational illness.

A lawyer can help you understand your rights under New York's workers' compensation laws. They can explain the benefits you're entitled to, such as medical treatment, wage replacement, and, if applicable, disability benefits.

A lawyer can guide you through the steps of filing a claim, help you fill out forms correctly, and ensure that all deadlines are met. If your employer or their insurance company disputes your claim, denies your benefits, or offers a settlement that doesn’t cover all your losses, a lawyer can advocate on your behalf. They can negotiate for a better settlement or represent you in hearings before the Workers' Compensation Board.