For a Free Case Review Today: Call 516-342-2200

How To File a Workers’ Compensation Claim in New York

Workplace injuries are alarmingly common in New York City and across the country. While they are most common in construction and utility industries, where there is a level of danger to the job, work-related injuries can affect all types of worker in all workplace settings.

In New York State, virtually all employers are required to carry workers’ compensation insurance for their workers in case they are injured on the job. As such, if you or someone you know has suffered a workplace injury, you may be eligible to receive workers’ compensation benefits.

Workers’ compensation benefits can help you with costs associated with medical treatments, lost wages if you had to miss work, as well as compensate you for temporary or permanent impairment from a work injury.

At Schwartzapfel Lawyers, we can help you learn more about workers’ compensation, as well as how you can file a claim. For more information, you can speak with one of our skilled workers’ compensation attorneys by visiting us online or calling 1-516-342-2200 today.

Are You Eligible for Workers’ Compensation?

If you are an injured worker looking to recover from a workers’ compensation claim, you must qualify for workers’ compensation after first filing a workers’ comp claim. To do this, you have to meet a set of requirements so that your employee claim is accepted and you can receive benefits for your work-related injury.

The following are a few of the qualifications for workers’ compensation insurance.

Your Injury Must Be Work-Related

To file a successful workers’ compensation claim, you must demonstrate that your injury was work-related. In most cases, this means that your injury either occurred at your job site or while in the performance of work-related duties.

Moreover, as your employer is responsible for maintaining health and safety procedures set by the Occupational Health and Safety Administration (OSHA), if you were injured due to a lack of health and safety procedures in the workplace, or if your employer does not follow rules set by OSHA, we recommend that you consult with a skilled workers’ comp attorney about what can be done. And you can do this now by contacting Schwartzapfel Lawyers today at 1-516-342-2200 for a free consultation with one of our seasoned New York workers’ comp attorneys.

You Must Be an Employee

To be eligible to receive workers’ compensation benefits, you must be an employee of a company or an organization.

Note: In certain cases, freelance and contract workers may not be eligible for workers’ compensation as injured employees, as they may not work for a specific organization. However, this is not always the case.

As such, if you are unsure about your employment status and/or whether you are eligible to receive NY workers’ compensation benefits, you should speak with a qualified NYS personal injury lawyer right away to help you make a determination.

You Must Have Medical Documentation of Your Injury

To file a successful workers’ compensation claim, you must provide proof of your injuries to your employer’s insurance company. On this point, you must receive medical treatment, not only to ensure that your injuries are treated but also to create documentation of your injuries through medical bills and/or doctor’s notes.

Because workers’ comp benefits also include medical care expenses, medical documentation plays a critical role in determining the settlement you may receive from your claim.

How Do You File a Workers’ Comp Claim?

When filing your workers’ compensation claim, there are a few important steps you should take to ensure your claim is accepted and that you can receive benefits. These include but are not limited to:

  • You must inform your employer of your injury as soon as it occurs: This creates a record of the injury and workplace accident and also prepares your employer for when you’ll file your claim.
  • You must file your workers’ compensation claim within (30) days of the injury occurring: Because there is a statute of limitations on workers’ compensation claims, you must file your claim as soon as possible. Otherwise, it might not be accepted and you may be unable to access your employee benefits.
  • Hire an experienced workers’ compensation lawyer: For the best results from your claim, you should consider hiring a seasoned lawyer to help you file. Qualified lawyers are licensed and experienced professionals who can build your case for you while you heal and recover from your occupational disease and/or accident-related injuries.

Furthermore, a knowledgeable lawyer can help you gather all the documentation needed to mount a winning case, as well as fight for the settlement you are entitled to from your company’s insurance carrier.


At Schwartzapfel Lawyers, our NYS workers’ comp attorneys have successfully handled countless workers’ compensation cases and are equipped with all the resources necessary to fight for you and your claim.

You can contact our team today by dialing 1-516-342-2200 and allowing Schwartzapfel Lawyers the honor and privilege of helping make you financially whole. Call now!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!


Schwartzapfel Lawyers, P.C. | Fighting For You™™

OSHA Worker Rights and Protections | Occupational Safety and Health Administration

File a New York State Workers’ Compensation Claim | New York State Workers’ Compensation Board

Workers’ Compensation Understanding the Claims Process | New York State Workers’ Compensation Board

Related Posts

We'll Fight For You

Conact us today at (516) 342-2200 of fill out the form below for a free case evaluation.

Schwartzapfel® Lawyers has a 99% Client Satisfaction Rate