Question 1

What is workers' compensation?

Accepted Answer

Workers' compensation is a state-mandated insurance system that provides benefits to employees who are injured or become ill because of their job. In New York, nearly every employer is required to carry workers' comp insurance. It is a no-fault system — you do not need to prove your employer did anything wrong. In exchange for guaranteed benefits regardless of fault, the law generally prevents you from suing your employer directly for a work-related injury.

Question 2

What kinds of compensation does workers' comp offer?

Accepted Answer

Workers' compensation in New York provides two main types of benefits: partial wage replacement while you are unable to work or have reduced earnings, and medical coverage for all treatment causally related to your work injury — including doctor visits, surgery, physical therapy, prescriptions, and medical equipment — for as long as treatment is medically necessary.

Question 3

Can I sue my employer directly?

Accepted Answer

Generally, no — workers' compensation is the exclusive remedy against your employer for a work-related injury under WCL § 11. However, there are narrow exceptions. You may sue your employer if they intentionally caused your injury — not mere negligence or recklessness, but a deliberate intent to harm. You may also sue if your employer failed to carry required workers' compensation insurance. These exceptions are rare. In most cases, your remedy against your employer is limited to the workers' comp system.

Question 4

Can I sue someone other than my employer for an injury on the job?

Accepted Answer

Yes. If a third party — someone other than your employer or a co-worker — caused or contributed to your work injury, you may file a personal injury lawsuit against them in addition to your workers' comp claim. Common examples include a negligent driver who caused a crash while you were working, the manufacturer of a defective tool or machine, or a property owner who failed to maintain safe conditions. A third-party lawsuit can recover damages that workers' comp does not cover, including pain and suffering and full lost wages. Under WCL § 29, the workers' comp carrier has a lien on your third-party recovery and is entitled to reimbursement for benefits it paid, after your litigation costs are deducted.

Question 5

What should I do if I was injured on the job or diagnosed with a work-related illness?

Accepted Answer

First, you should seek medical attention. If you were involved in a serious workplace accident, call 911 or go to the emergency room if necessary. Your health and safety are the most important things. Next, you should notify your employer about the injury or illness right away. Generally speaking, the law requires you to report the injury or illness to your employer within 30 days. If you fail to do so, you could lose your right to workers' compensation benefits. Once you have sought medical attention and have reported the injury, you should contact a workers' compensation attorney right away. Your employer may try to dispute your claim, or they could argue that you had a preexisting condition. You may wish to get a second opinion after your initial medical examination, or you may disagree with your doctor's assessment of your injuries. Your attorney can help you with all of these things, as well as any other legal aspect of your claim.

Question 6

How much does a workers' compensation attorney cost?

Accepted Answer

There are no upfront or out-of-pocket costs to hire our team. In New York workers' compensation cases, attorney fees are set by law and must be approved by a Workers' Compensation Board judge. Fees are calculated as a percentage of your award and are deducted from your benefits — you are never billed separately. If we do not recover benefits on your behalf, you do not pay.

Question 7

Do I need a lawyer for my workers' compensation claim?

Accepted Answer

You're not required to have one, but an attorney can help avoid mistakes, handle disputes with insurers, and pursue the full benefits you deserve. We offer free case reviews at lawforworkers.com/free-case-review.

Question 8

Do you offer free consultations?

Accepted Answer

Yes. We offer free case reviews — visit lawforworkers.com/free-case-review to get started.

Question 9

What languages do you speak?

Accepted Answer

Our team serves clients in English, Spanish, and Polish.

Question 10

How does workers' compensation work in New York?

Accepted Answer

Nearly every employer in New York is required to carry workers' compensation insurance. If you are an employee, and you suffer any type of injury or illness related to your employment, you are likely entitled to workers' compensation benefits. Workers' compensation covers both injuries that happen at work and injuries or illnesses that develop over time due to working conditions. You do not have to prove that your employer (or anyone else) was negligent to file a workers' compensation claim; in exchange, however, you cannot sue your employer for a work-related injury.

Question 11

How long do I have to file a workers' compensation claim in New York?

Accepted Answer

You must report your injury to your employer within 30 days and file a claim within two years. Acting quickly helps protect your rights to benefits.

Question 12

Do I have to prove my employer was at fault?

Accepted Answer

No. New York workers' comp is a no-fault system — you just need to show your injury happened while performing your job duties.

Question 13

What types of injuries qualify for workers' compensation?

Accepted Answer

Any injury or illness arising from your employment — including acute accidents, repetitive stress injuries, and occupational diseases developed over time due to working conditions.

Question 14

Can I file a claim for an injury that developed over time?

Accepted Answer

Yes. Workers' comp covers both sudden accidents and conditions that develop gradually — such as repetitive stress injuries, hearing loss, or occupational diseases.

Question 15

Can I choose my own doctor for workers' comp treatment?

Accepted Answer

In most cases, you can see any doctor authorized by the NY Workers' Compensation Board. Some employers use a designated provider network, but even then, the restriction typically applies only for the first 30 days. Check with your attorney before starting new treatment to avoid delays.

Question 16

Can I take video of my independent medical evaluation?

Accepted Answer

Yes! Videography plays a crucial role in protecting the rights of injured workers during Independent Medical Examinations (IMEs). In New York, employers and their insurance providers can require an IME after an injured employee files a workers' compensation claim.

Question 17

What if my workers' compensation claim was denied or controverted?

Accepted Answer

It depends on what happened. If the insurance carrier controverted your claim — meaning they dispute it — the claim is litigated before the Workers' Compensation Board. Your attorney presents evidence to establish the claim. If the Board itself disallowed your claim, you have the right to appeal the decision. These are different processes with different remedies, so it is important to understand which situation applies. Request a free case review at lawforworkers.com/free-case-review.

Question 18

What is the difference between a controverted and non-controverted claim?

Accepted Answer

A non-controverted claim means the insurer accepts liability and begins paying benefits. A controverted claim means the insurer disputes your case — typically the injury, the cause, or the extent of disability. Controverted claims require hearings before the Workers' Compensation Board. However, a controverted claim can sometimes be straightforward to resolve, and a non-controverted claim still involves many hearings about benefits, treatment, and permanency.

Question 19

Can I file a workers' comp claim if I'm an undocumented immigrant?

Accepted Answer

Yes. New York workers' compensation law covers all employees regardless of immigration status. Undocumented workers have the same right to benefits as any other worker. Employers cannot use your immigration status to deny a claim or threaten deportation for filing.

Question 20

What happens if my employer doesn't have workers' compensation insurance?

Accepted Answer

New York law requires employers to carry workers' comp insurance. If your employer is uninsured, you can still file a claim through the Uninsured Employers Fund (UEF) administered by the Workers' Compensation Board. You may also have the right to sue your employer directly — and because workers' comp is a no-fault system, you would benefit from negligence-level damages without having to prove negligence. However, this assumes the uninsured employer has assets to pay a judgment. Your employer may also face criminal penalties and fines.

Question 21

What is an IME and how should I handle one?

Accepted Answer

An Independent Medical Examination (IME) is an exam requested by the insurance carrier using a doctor of their choosing. Despite the name, IME doctors are paid by the carrier and their opinions frequently favor the carrier's position — though results vary widely. Under WCL § 137, you must receive at least seven business days' written notice before the exam. You have the right to bring someone with you — an attorney, family member, or advocate — and to video-record the entire examination. Failing to attend without good cause can result in a suspension of your benefits. The most important counter to an unfavorable IME is a strong, well-documented report from your treating physician.

Question 22

What are my options if I get an unfavorable IME opinion?

Accepted Answer

An unfavorable IME report is not the final word — it is one piece of evidence that the Workers' Compensation Law Judge weighs against the full record. The most important counter is a strong, well-documented opinion from your treating physician, whose ongoing relationship with you often carries significant weight. Your attorney can cross-examine the IME doctor via deposition to expose inconsistencies — for example, a five-minute exam versus months of treatment records. The deposition transcript and summation are then submitted to the judge. The hearing process is where these competing opinions are resolved.

Question 23

Can I receive workers' comp benefits if I can't return to work?

Accepted Answer

Yes. You may be entitled to temporary or permanent disability benefits while you recover or if you're unable to return to your previous job.

Question 24

How is my weekly workers' comp benefit calculated?

Accepted Answer

Your benefit is based on your Average Weekly Wage (AWW) — the average of your gross earnings for the 52 weeks before the injury. Your weekly benefit is up to two-thirds of your AWW, or the state maximum rate, whichever is less. Partial disability means you receive less than the full two-thirds rate.

Question 25

What is the difference between temporary and permanent disability?

Accepted Answer

Temporary disability pays wage replacement while you are recovering. Permanent disability applies when your condition stabilizes at maximum medical improvement (MMI) and you have lasting impairment. Permanent total disability provides lifetime benefits; permanent partial disability is time-limited based on the degree of impairment.

Question 26

What is a Schedule Loss of Use (SLU) award?

Accepted Answer

An SLU award compensates you for the permanent functional impairment of a specific body part — such as an arm, leg, hand, or eye — even if you've returned to work. The award is calculated based on a state-mandated schedule tied to the body part and severity of loss. SLU awards are separate from weekly disability payments.

Question 27

Can I receive workers' comp benefits while still working?

Accepted Answer

Yes. If you are working but earning less than your pre-injury wages, you may be entitled to partial disability benefits to make up the difference. Additionally, Schedule Loss of Use (SLU) awards are paid regardless of your work status — you can be working full-time at your full salary and still receive an SLU award for permanent impairment.

Question 28

Does workers' compensation cover future medical treatment?

Accepted Answer

Yes — unless you settle via a Section 32 agreement that closes out medical benefits. Otherwise, the insurer must cover all medical treatment causally related to your work injury for as long as it is medically necessary.

Question 29

What is a Section 32 settlement and should I take one?

Accepted Answer

A Section 32 Waiver Agreement lets you resolve your claim in a lump sum rather than ongoing weekly payments. You can settle indemnity (wage-replacement) benefits only and leave medical coverage open, or you can settle both. It requires Workers' Compensation Board approval. Whether it's right for you depends on your prognosis, age, and earning capacity.

Question 30

Can I collect workers' comp and Social Security Disability (SSDI) at the same time?

Accepted Answer

You can receive both, but there is an offset — your SSDI may be reduced so the combined total stays within federal limits. We can include language in your settlement agreement to help minimize this offset.

Question 31

What's the difference between workers' comp and a personal injury lawsuit?

Accepted Answer

Workers' comp covers on-the-job injuries regardless of fault but limits what you can recover. A personal injury claim requires proving negligence but may allow broader damages — including pain and suffering and full lost wages. We specialize exclusively in workers' compensation. We maintain close relationships with reputable personal injury attorneys and coordinate as a team when clients have both a workers' comp claim and a third-party case from the same accident.

Question 32

How does workers' comp work with my union benefits or retirement plan?

Accepted Answer

In most cases, you may collect workers' compensation benefits and union pension or retirement benefits simultaneously — WC law does not automatically bar receiving both. If you retire for reasons entirely unrelated to your injury, the carrier may argue you have voluntarily withdrawn from the labor market, which can complicate ongoing wage-replacement benefits. If you retire at least in part because of your injury, the situation is treated differently. Medical benefits under WC continue regardless of retirement status. Because every situation is different, bring your plan documents to a consultation so your attorney can advise on the specific interaction.

Question 33

How does workers' comp work with employer-provided short-term and long-term disability policies?

Accepted Answer

Workers' compensation benefits are never reduced because you are collecting other benefits — the offset always happens on the other side. New York State Disability Benefits (DBL) covers off-the-job injuries and generally cannot be collected simultaneously with WC for the same period, though you may apply for DBL as a stopgap if your WC claim is controverted. Private employer-provided STD/LTD policies typically contain an offset clause that reduces the STD/LTD benefit by the amount you receive in WC wage-replacement benefits — not the reverse. When WC wage benefits end, STD/LTD may resume at its full rate. Review your policy documents with an attorney before applying to either program.

Question 34

How soon after my accident can I receive compensation?

Accepted Answer

If your claim is not controverted, the insurance carrier is required to begin paying wage-replacement benefits promptly once your claim is accepted and supported by medical documentation. Medical treatment can begin immediately; the carrier pays authorized providers directly. Getting your medical records to the carrier and the Workers' Compensation Board as soon as possible — including emergency room records — is what actually gets payments started. If your claim is controverted, benefits may be delayed until the Workers' Compensation Board resolves the dispute at a hearing. In that situation, you may be eligible for New York State Disability Benefits (DBL) as a stopgap while your WC claim is pending.

Question 35

Do I have to lose time from work to get workers' comp?

Accepted Answer

No. Even if you never miss a day of work, you may still be entitled to workers' compensation benefits. If your claim is currently only covering medical treatment, that does not mean it will always stay that way — your status can change as your condition evolves. If you suffer a permanent impairment to a specific body part — such as a hand, knee, or shoulder — you may receive a Schedule Loss of Use (SLU) award regardless of whether you lost any time from work. What matters is whether your injury is work-related and whether you need medical treatment or have a lasting impairment.

Question 36

When and how do I get paid?

Accepted Answer

Wage-replacement benefits are paid on a weekly or biweekly basis, typically by check or direct deposit from the insurance carrier. Your weekly benefit is up to two-thirds of your Average Weekly Wage, or the state maximum rate, whichever is less. Schedule Loss of Use (SLU) awards are paid as a lump sum. If you settle your case through a Section 32 agreement, the lump-sum payment is issued after the Workers' Compensation Board approves the settlement. If an award is not paid on time, your attorney can file a request for penalties and interest.

Question 37

When and how do my doctors get paid?

Accepted Answer

In New York's workers' compensation system, authorized medical providers are paid directly by the insurance carrier — you should never receive a bill for treatment causally related to your accepted work injury. There are no co-pays or deductibles. Payment rates are set by the WCB's Official Medical Fee Schedules, which cover physician services, therapy, prescriptions, and medical equipment. Carriers are required to pay or controvert a medical bill within 45 days. If you receive a bill for work-related treatment, it usually means the injury is controverted, the provider is not WCB-authorized, or there is a billing error — contact your attorney.

Question 38

What is labor market attachment and when can I be forced to look for work?

Accepted Answer

Labor market attachment (LMA) is a requirement that claimants classified as temporarily partially disabled demonstrate they are making reasonable, documented efforts to find work within their medical restrictions. Acceptable efforts include an independent job search (documented on WCB Form C-258.1), enrollment in a state re-employment service, participation in a Board-approved vocational rehabilitation program, or full-time attendance at an accredited school. Documentation must be detailed — dates, employer names, positions sought, and responses. If you fail to demonstrate adequate LMA, a Law Judge may suspend or reduce your wage benefits. Importantly, once you are classified as permanently partially or permanently totally disabled, the LMA obligation no longer applies.

Question 39

Do I need to be worried about the carrier surveilling me and accusing me of fraud?

Accepted Answer

Insurance carriers routinely hire private investigators to observe claimants in public places, and this is legal. They may photograph or video-record you in any public setting without your knowledge. Common surveillance timing includes before and after WCB hearings, medical appointments, and IMEs. However, carriers do not have to disclose surveillance video before you testify — they can withhold it until after your testimony. Under WCL § 114-a, knowingly making false statements to obtain benefits is a Class E felony. Importantly, the video itself does not prove fraud — what matters is whether it proves something you told your doctor or the court was untrue. Carriers sometimes raise fraud allegations strategically, seeking to take testimony and then produce contradicting footage. Normal daily activity — grocery shopping, walking, attending family events — is not fraud. It is important to be consistent with what you report to your doctors, and to consult your attorney before giving any recorded statements.

Question 40

When and how can I settle my case?

Accepted Answer

Most workers' compensation cases in New York are settled through a Section 32 Waiver Agreement — a voluntary lump-sum payment that resolves some or all of your future benefits. You can settle at any point, but most settlements happen around the time MMI and permanency are being litigated — either shortly before the Board's permanency determination, or sometime after. In a Section 32, you may give up rights to future wage-replacement benefits, future medical coverage for the injury, or both. Every Section 32 requires Workers' Compensation Board approval.

Whether settlement is right for you depends on your age, prognosis, earning capacity, ongoing medical needs, whether you have other sources of income, whether you plan to move out of New York State (ongoing treatment becomes significantly harder to coordinate after leaving), and whether you have a third-party personal injury case and how its resolution interacts with your workers' comp claim.

If you are settling and closing out medical benefits, Medicare rules may require that a portion of the settlement be set aside for future work-injury-related treatment. Whether Medicare approval is required depends on your Medicare status and the size of the settlement. You are never required to settle.

Question 41

What happens at the "end" of my case if I don't settle?

Accepted Answer

If you do not settle, your case reaches its conclusion through classification or a scheduled loss of use (SLU) award — or, in some cases, a finding of no continuing disability. Once your treating physician and the Board determine you have reached Maximum Medical Improvement (MMI), a Law Judge classifies your disability. For Permanent Partial Disability (PPD), the judge establishes your Loss of Wage Earning Capacity (LWEC) percentage, which sets the duration cap on your remaining wage benefits. Some injuries to specific body parts (such as a hand, arm, or leg) are instead resolved through a Schedule Loss of Use award — a lump-sum based on the degree of permanent impairment to that body part. For Permanent Total Disability, there is no duration cap — you receive benefits for life. When wage benefits are exhausted under a PPD cap, wage-replacement payments end — but your right to causally related medical treatment continues indefinitely as long as it is medically necessary. In limited circumstances, there are ways to seek reclassification from permanent partial to permanent total after classification — contact us to discuss your specific situation.

Question 42

How does Medicare affect my workers' compensation settlement?

Accepted Answer

If you are settling and closing out medical benefits, Medicare rules may require a portion of the settlement to be set aside for future work-injury-related treatment — called a Medicare Set-Aside (MSA). CMS review of the settlement is generally required if: (1) you are currently on Medicare and the total settlement exceeds $25,000; or (2) the total settlement exceeds $250,000 and you have a reasonable expectation of Medicare enrollment within 30 months (for example, if you have applied for Social Security Disability benefits).

When CMS review applies, the insurance carrier submits the file, and CMS calculates the required medical allocation. After settlement, you spend the MSA funds on work-injury-related treatment; when those funds are exhausted, Medicare resumes covering that treatment.

If CMS review is not triggered, the Workers' Compensation Board typically approves a 5–10% medical allocation in the settlement.

Question 43

Can I reopen my case years later?

Accepted Answer

Yes. Under WCL § 123, the Workers' Compensation Board retains continuing jurisdiction over closed claims. You may apply to reopen if there is a change in your condition — such as a worsening of symptoms, new surgery becoming necessary, or increased disability. The claim is only barred when both time limits have run: 18 years from the date of injury and 8 years from the last payment of compensation. Both must be satisfied for the bar to apply — if either clock has not yet run, the case remains open. To reopen, you file a request with the Board supported by updated medical evidence demonstrating the change in condition. Both wage-replacement benefits and medical treatment may be reinstated upon reopening.

Question 44

What options do I have if I receive an unfavorable decision?

Accepted Answer

You have 30 days to appeal. The first step is an appeal to a Board panel — three commissioners who review the Law Judge's decision. If the panel rules against you, you have two independent options: apply for full Board review, or appeal directly to the Appellate Division, Third Department — New York's second-highest court, which reviews all Workers' Compensation Board decisions.

The timing of which you choose matters. To get the Appellate Division to review your case on the merits, you must appeal the Board panel decision directly to the Appellate Division. If instead you first apply for full Board review and are denied, the Appellate Division can only review whether that denial was arbitrary — not whether the underlying decision was correct. Full Board review of a unanimous panel decision is discretionary and nearly always summarily denied.

We are one of a small number of workers' compensation firms in New York that regularly handles Appellate Division appeals. This is a separate representation before a different court and requires a separate retainer.

Question 45

Can I file both a workers' comp claim and a personal injury lawsuit?

Accepted Answer

Yes — if someone other than your employer caused or contributed to your injury, you can file a personal injury lawsuit against them in addition to your workers' comp claim. Workers' comp only bars you from suing your direct employer.

Common examples: a car accident while driving for work (sue the other driver); a construction accident caused by a general contractor or property owner; an injury on premises not owned by your employer; or an accident caused by an employee of a different company working at the same site.

These cases interact in important ways. The workers' comp carrier has a lien on your third-party recovery under WCL § 29, and settling your personal injury case without the carrier's consent can permanently bar further workers' comp benefits. We work closely with personal injury attorneys to coordinate both cases and protect our clients from costly mistakes.

If the defendant is a city, NYC agency, or public authority, you must file a Notice of Claim within 90 days of the accident. Claims against the State of New York are also subject to a 90-day filing deadline and follow a separate track in the Court of Claims with different procedural requirements — contact an attorney immediately.

Question 46

Do I need my workers' comp carrier's permission before settling my personal injury lawsuit?

Accepted Answer

Yes — and this is one of the most consequential rules in workers' compensation law. Under WCL § 29(5), you must obtain your workers' comp carrier's written consent before settling any third-party personal injury action. If you settle without it, you forfeit future workers' comp benefits — wage replacement and medical.

If the carrier refuses to consent, you can seek a court order approving the settlement over the carrier's objection. If you have already settled without consent, courts can approve the settlement after the fact in limited circumstances, but the requirements are strict and relief is not guaranteed.

This rule catches many claimants off guard — and many personal injury attorneys are not aware of it either. If you have both a workers' comp claim and a personal injury lawsuit, make sure both sides are coordinating before any settlement is finalized.

Question 47

What happens to my workers' comp benefits after I settle my personal injury lawsuit?

Accepted Answer

Your benefits do not disappear — but they pause. Under WCL § 29, after you settle your personal injury case, the workers' comp carrier is entitled to recoup the benefits it paid you. The carrier's lien is reduced proportionally by your attorney fees and litigation costs (so the carrier bears its fair share of the recovery expense). After that net lien is satisfied, any remaining net recovery creates a "holiday" — a credit period during which the carrier stops paying you weekly benefits, either partially or totally depending on the consent agreement negotiated with the carrier, until the credit is exhausted. Once the credit runs out, benefits resume.

The practical effect: you may go weeks, months, or longer without receiving comp checks, or receiving only a fraction of what you otherwise would, after a PI settlement, depending on the size of the recovery. This is not a penalty — it is the mechanism by which the law prevents double recovery. Understanding it in advance is essential for planning your finances after settlement.

Question 48

What is New York Labor Law 240 (the Scaffold Law)?

Accepted Answer

Labor Law 240 makes property owners and general contractors strictly liable when a worker is injured in a gravity-related accident — falls from heights or being struck by a falling object. Strict liability means you do not need to prove the owner was negligent. If proper safety equipment was not provided, liability attaches.

Question 49

What does Labor Law 241(6) cover?

Accepted Answer

Labor Law 241(6) covers construction, demolition, and excavation work. It requires property owners and contractors to maintain reasonable and adequate safety conditions. Unlike 240, it requires proof that a specific Industrial Code rule was violated. It covers a broader range of accidents beyond elevation-related injuries.

Question 50

What is Labor Law 200 and when does it apply?

Accepted Answer

Labor Law 200 codifies the general duty to maintain a safe workplace. It covers two scenarios: a dangerous condition on the premises, and the means and methods of the work itself. For methods-of-work claims, you must show the owner or general contractor actually supervised or controlled that work.

Question 51

Can I file both a workers' comp claim and a personal injury lawsuit after a construction accident?

Accepted Answer

Yes. Workers' comp typically provides benefits sooner than a lawsuit resolves, particularly once the carrier accepts your claim. A third-party lawsuit against the property owner or general contractor can recover pain and suffering, full lost wages, and other damages that workers' comp does not cover.

Question 52

Who can be sued in a third-party construction accident claim?

Accepted Answer

Potential defendants include the property owner, general contractor, other subcontractors, architects or engineers, and equipment or materials manufacturers. Your direct employer generally cannot be sued — that's what workers' comp covers.

Question 53

I was partially at fault for my construction accident. Can I still recover?

Accepted Answer

Under Labor Law 240, comparative fault generally cannot reduce your recovery — the law provides absolute protection. Under Labor Law 241 and common law negligence, New York's pure comparative negligence rule applies, reducing your recovery by your percentage of fault but not barring it entirely.

Question 54

How long do I have to file a personal injury lawsuit in New York?

Accepted Answer

Generally three years from the date of the accident. Wrongful death claims must be filed within two years. Claims against a municipal entity require a Notice of Claim within 90 days. A Notice of Claim is not the same thing as an actual lawsuit — it merely preserves your right to sue the municipal entity later. Assuming you filed a timely Notice of Claim, you then have one year and 90 days to file the actual claim. Missing any deadline typically bars your claim permanently.

Question 55

What is New York's no-fault insurance law and how does it affect my car accident case?

Accepted Answer

New York is a no-fault state — your own auto insurance covers medical bills and lost wages up to $50,000 regardless of who caused the accident. To sue the at-fault driver for pain and suffering, you must meet the serious injury threshold, which includes fractures, significant disfigurement, or permanent limitation of a body organ or member.

Question 56

If I was partly at fault for my accident, can I still recover?

Accepted Answer

It depends on the type of case. For most personal injury claims — premises liability, slip-and-fall, and construction accidents — New York follows pure comparative negligence: your damages are reduced by your percentage of fault, but even if you were 99% at fault you can still recover 1%. For motor vehicle accidents, a reform effective May 26, 2026 changed this to modified comparative negligence — if you are found more than 50% at fault, you are barred from recovering damages entirely. Either way, the percentage of fault assigned to you matters enormously, and insurance adjusters exploit it to lowball settlements.

Question 57

What must I prove in a slip and fall case in New York?

Accepted Answer

You must show the property owner knew or should have known about the dangerous condition, failed to fix it within a reasonable time, and that condition caused your injuries. Prompt medical treatment and incident reports are critical evidence.

Question 58

How long do I have to file a Notice of Claim against a NYC agency or the MTA?

Accepted Answer

90 days from the date of injury. This is a strict prerequisite for suing any New York municipal or public entity. Miss this deadline and your case is typically over. Contact an attorney immediately after any accident involving a public sidewalk, bus, subway, or government property.

Question 59

Can my employer fire me if I file a workers' compensation claim?

Accepted Answer

Your employer is not allowed to retaliate against you in any way because you filed a workers' compensation claim, notified them of a work-related injury, stayed out of work on your doctor's advice, or otherwise exercised your rights under the Workers' Compensation Law. This means they may not fire you, let you go, demote you, pass you over for a promotion, refuse to give you a raise, or otherwise take negative action against you because you have sought workers' compensation benefits. If you believe your employer has unjustly retaliated against you, reach out to our team at Schotter Millican. In addition to appealing denied workers' compensation claims, we handle employer retaliation cases related to workers' compensation and wrongful termination.

Question 60

What if my employer pressures me not to file a claim?

Accepted Answer

Your employer cannot legally discourage or prevent you from filing. If you're being pressured, document the interactions and contact a workers' compensation attorney.

Question 61

What is a Section 120 discrimination claim?

Accepted Answer

New York Workers' Compensation Law Section 120 prohibits employers from firing, demoting, or otherwise retaliating against an employee for filing a claim or otherwise exercising their rights under the Workers' Compensation Law, or testifying at a hearing. A complaint is filed using Form DC-120 with the Workers' Compensation Board within two years of the retaliatory act.

Question 62

What remedies are available if my employer retaliates against me for filing a claim?

Accepted Answer

The Workers' Compensation Board can order reinstatement to your former position, back pay for all lost wages, and attorney's fees. Employers can also face civil penalties. Depending on the circumstances, separate claims under the New York Human Rights Law may also be available. There are two separate trials in a Section 120 claim: one on whether the employer violated the statute, and another on the damages the employer owes if it did. If you are seeking back pay as a remedy, you must mitigate your damages by looking for work elsewhere and documenting that effort adequately.

Question 63

Can my employer deny me light-duty work while I'm on workers' comp?

Accepted Answer

If your treating physician approves you for light-duty work and your employer offers a suitable position, refusing it can reduce or eliminate your wage-replacement benefits. However, if no suitable work exists or the employer refuses to accommodate your restrictions, you may continue to receive full benefits. If your employer refuses to provide a reasonable accommodation for your injury, you may also have a claim under the Americans with Disabilities Act. Document all communications carefully.

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