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Read More New York workplace accident lawyers handle job injury claims that may involve workers’ compensation, third-party claim, or both, depending on how the accident happened and who was involved.
A work injury in Manhattan, Queens, Brooklyn, the Bronx, Staten Island, Long Island, or elsewhere in New York does not always follow the same route. In some cases, New York Labor Law Sections 240, 241, or 200 can affect the analysis when an injury occurs on a construction site.
That distinction matters because serious work injuries still affect workers across New York every year. In 2024, New York recorded 217 fatal work injuries, including 49 deaths from falls, slips, and trips. In New York City, the Department of Buildings reported 482 construction-related injuries and 638 construction-related incidents that same year.
At Gorayeb & Associates, we review how the accident happened, identify the legal path that fits the case, and move quickly to protect the claim from the start. For more than 40 years, we have represented injured workers across New York in serious workplace, construction, and personal injury cases. Call us today for a free, 100% confidential consultation.
Workers’ Compensation Lawyers in New York: Where Many Cases Start
Workers’ compensation is often the first step after a job injury in New York. It may cover medical care and part of your lost wages after a work-related injury or illness.
The New York Workers’ Compensation Board’s injured worker toolkit explains the main benefits, deadlines, and filing process.
Many cases begin with workers’ compensation, but not all end there. We evaluate eligibility, notice, medical evidence, and whether the facts point to a broader claim beyond workers’ comp.
We do that work early so you have clearer answers, stronger footing, and fewer avoidable problems as the claim moves forward.
Workers’ compensation may help cover:
- Medical treatment tied to the work injury
- Part of your lost wages if you cannot work or cannot return to the same job
- Travel costs for treatment in some cases
- Long-term benefits in some disability cases
- Death benefits for surviving family members after a fatal work injury
The Workers’ Compensation Board also makes timing clear. An injured worker should notify the employer in writing as soon as possible and no later than 30 days, then file the claim promptly. Missing those steps can make the case harder than it should be.
The Board also explains that benefits may be available to eligible workers regardless of citizenship or immigration status.
That is why we do not treat every claim like routine paperwork. A back injury after lifting on a loading dock, a repetitive-use wrist injury, a toxic exposure illness, and a delivery crash during a work route may all begin with workers’ compensation, but they do not all stay there.
If you want the filing process broken down step by step, our guide on how to file a workers’ compensation claim in New York walks through what needs to happen early.
Workers' Compensation Benefits in New York:
What Injured Workers Should Know
New York's workers' compensation system provides several categories of benefits to eligible workers who are injured on the job or develop a work-related illness. Understanding how these benefits are calculated and what they cover can help you make informed decisions early in your case.
Weekly Cash Benefits
If a work injury prevents you from returning to your job, you may be entitled to weekly cash benefits. Under New York law, temporary total disability benefits are generally calculated at two-thirds of your average weekly wage (AWW), subject to a maximum set by the state each year.
For injuries occurring on or after July 1, 2026, the maximum weekly benefit rate is $1,281.50, based on two-thirds of the 2025 New York State Average Weekly Wage (NYSAWW) of $1,922.25. The minimum weekly benefit rate for the same period is $384.45. These rates apply through June 30, 2027 and are updated annually by the Workers' Compensation Board.
Benefits typically begin after a seven-day waiting period. If the disability extends beyond 14 days, the waiting period is retroactively covered.
Schedule Loss of Use (SLU) Awards
If a work injury results in permanent partial disability to a specific body part, you may be entitled to a schedule loss of use (SLU) award under WCL §15(3). This section of the Workers’ Compensation Law assigns a set number of weeks of benefits for each body part based on the percentage of loss of use determined by your treating physician.
Common schedule loss examples under §15(3):
- Arm: up to 312 weeks
- Leg: up to 288 weeks
- Hand: up to 244 weeks
- Foot: up to 205 weeks
- Finger (index): up to 46 weeks
- Hearing loss (one ear): up to 75 weeks
- Hearing loss (both ears): up to 150 weeks
- Vision loss (one eye): up to 160 weeks
The SLU award is calculated by multiplying the number of weeks assigned to the body part by the percentage of loss of use, then multiplying by your weekly benefit rate. These awards are paid as a lump sum or in weekly installments after you reach maximum medical improvement.
Types of Disability Classifications
- Temporary Total Disability (TTD): You cannot work at all during recovery
- Temporary Partial Disability (TPD): You can work in a reduced capacity during recovery
- Permanent Partial Disability (PPD): You have a lasting impairment but can still work in some capacity
- Permanent Total Disability (PTD): You are permanently unable to perform any gainful work
Each classification affects the amount and duration of benefits you may receive. At Gorayeb & Associates, we review the medical evidence and benefit calculations to make sure the classification matches the actual impact of your injury.
Not Sure What Benefits You Qualify For?
Your consultation is free. Our team is available 24/7.
Our fee comes out of the money we recover for you, not out of your pocket.
Injured at Work? Go with Gorayeb™
Key New York Workers' Compensation Statutes That Affect Your Case
Several sections of the New York Workers' Compensation Law (WCL) directly affect how a workplace injury case is handled. Knowing these provisions can help you understand your rights and deadlines.
WCL §15(3) — Schedule Loss of Use
This section defines the number of weeks of compensation assigned to permanent partial disability of specific body parts. It is the basis for schedule loss of use (SLU) awards, one of the most common forms of permanent disability compensation in New York workplace injury cases. Your physician's impairment rating under the current medical guidelines determines the percentage of loss, which is then applied to the statutory schedule.
WCL §18 — Notice of Injury
Under §18, an injured worker must provide written notice of the injury to the employer within 30 days. The notice should describe the nature of the injury, when it occurred, and how it happened. Failure to provide timely notice can jeopardize the claim, although exceptions may apply if the employer had actual knowledge of the injury or if notice was given as soon as practicable.
WCL §29 — Third-Party Subrogation
When a workplace injury involves a responsible third party — such as a property owner, equipment manufacturer, or outside contractor — the injured worker may pursue both a workers' compensation claim and a separate personal injury lawsuit. Under §29, the workers' compensation carrier has a lien on any recovery obtained from the third-party lawsuit, meaning part of the third-party settlement or verdict may be used to reimburse the carrier for benefits already paid.
This is why coordination between the workers' compensation claim and any third-party case is critical. At Gorayeb & Associates, we handle both paths and manage the subrogation process so that the total recovery is maximized and properly allocated.
When a Work Injury May Involve More Than Workers’ Compensation
Some work injuries in New York involve more than workers’ compensation. That usually happens when someone other than the employer contributed to the injury.
This is where a case can be undervalued if no one looks beyond a basic comp claim. A claim may look straightforward at first. The facts may show that a third-party claim also needs to be reviewed.
That can involve a property owner, a subcontractor, an outside driver, a delivery company, a maintenance company, or a manufacturer of unsafe equipment. The path depends on the facts, not the label attached to the accident in the first report.
Workers’ compensation and a third-party case do not ask the same questions. Workers’ compensation focuses on the work-related injury and the benefits that may follow. A third-party case focuses more directly on fault, unsafe conditions, dangerous equipment, missing protection, and outside parties that should have prevented the accident.
That difference matters in serious injury cases. A firm that handles only straightforward workers’ compensation claims may not approach a machinery injury, a vehicle-related job injury, or a multi-party worksite accident the same way as a firm that also handles broader injury claims.
Our article on workplace lawsuits in New York and workers’ comp explains how those paths can overlap.
The key question is whether the case stays within workers’ compensation or whether the facts support a claim against someone else.
What Kinds of Workplace Injury Cases Do We Handle in New York?
Workplace injuries may result from a single incident or develop over time because of repetitive motion, exposure, or unsafe working conditions.
At Gorayeb & Associates, we represent workers across New York whose jobs put real strain on the body every day. That includes warehouse work, hospitals, hotels, delivery routes, maintenance, home care, cleaning, and other demanding jobs. These are the people who keep New York running.
We handle cases involving:
- Repetitive strain injuries caused by repeated lifting, assembly work, driving, keyboard use, and hand-intensive labor
- Chemical exposure injuries tied to fumes, solvents, dust, and toxic materials
- Carpal tunnel syndrome cases linked to repeated hand and wrist use
- Traumatic brain injuries after falls, impacts, vehicle crashes, and struck-by accidents
- Orthopedic injuries such as fractures, disc injuries, torn ligaments, and joint damage
- Occupational disease claims that develop because of long-term exposure and job conditions
- Hearing loss injury cases tied to repeated noise exposure in active work environments
Workers in warehouses, hospitals, hotels, delivery routes, and commercial buildings face risks that are different from construction site hazards but equally serious. Whether the injury happened on a loading dock, in a patient care facility, during a delivery route, or inside an office building, the legal analysis depends on the specific facts, the job duties involved, and whether any third party contributed to the conditions that caused the harm. Learn more about construction accident settlement amounts, scaffold safety laws, OSHA construction safety violations, construction site safety tips, and electric shock effects on the human body.
The legal path depends on how the injury happened, what the job required, and how the condition developed over time. Our job is to look at the full scenario, move the case in the right direction, and protect the claim from the start.
A repetitive strain case may depend on medical proof, job duties, and how long the symptoms built up. A chemical exposure claim may depend on the substances involved, the safety protections that were missing, and whether the illness developed over time. A traumatic brain injury or serious orthopedic injury may raise separate questions about long-term disability, reduced earnings, and future work limits.
Some injuries stay within workers’ compensation. Others raise larger questions. A warehouse crush injury, a delivery vehicle crash, an unsafe machine injury, or a fall caused by defective equipment may call for a broader review.
If the injury involves the spine, lifting damage, or a serious back condition, our post on workers’ compensation and back injuries in New York covers some of the claim problems workers often face after the first diagnosis.
Construction-related injuries are part of this larger picture of workplace injuries, but they are not the only cases we handle.
When a workplace injury happens on a construction site, labor law protections may strengthen the case.
When the injury happens in a warehouse, hospital, hotel, home care setting, or another work environment, the analysis may depend more on job duties, medical proof, equipment, exposure, and who else was involved.
What Should You Do in the First 30 Days After a Work Injury?
The first 30 days can shape the whole case. That is true whether the claim stays within workers’ compensation or raises broader questions.
Start by reporting the injury to your employer or supervisor in writing as soon as possible. Get medical care right away and make sure the provider knows the injury happened at work.
File the claim promptly. The Workers’ Compensation Board says written notice should be given as soon as possible and no later than 30 days.
Preserve evidence early. Take photos of the scene and your injuries, document equipment and unsafe conditions, and collect witness information and incident reports.
If a machine, delivery vehicle, heavy object, chemical, or dangerous work area played a role, document that while the details are still fresh.
Some signs should push the case into a fuller legal review right away:
- You needed surgery, or you may need it soon
- You cannot return to the same job
- Several companies were involved in the work or site
- The insurer is delaying, disputing, or reducing benefits
- The accident involved unsafe equipment or dangerous conditions
- No clear report was created, or the report leaves key facts out
- Witness accounts do not match what management is saying
Workers also hurt their own cases in predictable ways. They wait too long to report the injury. They assume a “minor” injury will clear up on its own. They trust the insurance company to lay out every option that may apply. They give recorded statements before they know what the case may actually involve. They forget that photos, witness names, and equipment details can disappear quickly.
If you want a broader view of how job injuries tend to develop and why early action matters, our article on the 10 most common workplace injuries shows where workers often lose time and ground.
How Do You Choose New York Workplace Injury Attorneys?
Choosing the right lawyer starts with whether the firm has experience handling cases like yours.
Some job injuries move through workers’ compensation only. Others involve a serious long-term injury, a denied claim, unsafe equipment, or a third party that may also be responsible.
At Gorayeb & Associates, we handle workplace injury cases with that full picture in mind. We review how the injury happened, how serious it is, whether the claim is already being disputed, and whether the facts point beyond a basic filing.
That matters whether the injury happened in the Bronx, Queens, Brooklyn, Manhattan, Staten Island, Long Island, or another part of New York where the job, the worksite, and the people involved may shape the case differently.
Before you hire any firm, ask direct questions:
- Do you handle both workers’ compensation claims and third-party injury cases?
- Do you handle serious workplace injury cases, not just basic filings?
- Have you handled injuries like mine before?
- Will your team move quickly to preserve evidence if the case may involve a lawsuit?
- Who in your firm will actually work on the case?
At Gorayeb & Associates, we do that work from day one. We review the records, identify the legal path that fits the case, and move quickly to protect the evidence and claims that matter.
Our team stays responsive throughout the process, keeps you informed, and gives you a clear point of contact as the case moves forward.
A Work Injury Can Involve More Than One Legal Path in New York
A denied claim, reduced wage benefits, unsafe equipment, an outside contractor, a delivery crash, a machine injury, or a work-related illness tied to toxic exposure can change a case quickly.
Not every job injury leads to a lawsuit, but early case review can determine whether additional legal options apply before critical deadlines or evidence are lost.
Another point matters for working families across New York: immigration status does not automatically erase a worker’s ability to pursue benefits or assert legal rights.
The Workers’ Compensation Board states that benefits may be available to eligible workers regardless of citizenship or immigration status. New York City’s Workers’ Bill of Rights also states that workers have rights and protections regardless of immigration status.
Fear keeps too many workers quiet after serious injuries. Some worry that filing a claim will create immigration problems. Some worry they will face retaliation. Some assume that if they were paid off the books, worked through a subcontractor, or lack proper paperwork, nothing can be done. Those are exactly the moments when the case needs a direct, fact-based review.
At Gorayeb & Associates, we review how the accident happened, what records already exist, which deadlines apply, and whether someone beyond the employer may be part of the case.
That early work can protect evidence, tighten the workers’ comp claim, and open the door to a broader strategy when the facts support it. We do that with the focus and care serious cases require, because dignity and justice still matter after a job injury.
How Can Gorayeb’s New York Workplace Accident Lawyers Help Me?
At Gorayeb & Associates, we step in early when a work injury needs more than a basic filing.
We review the accident, secure the records, protect the claim, and determine whether the case stays within workers’ compensation or needs a broader legal review.
That matters when the injury is serious, the claim is being delayed or denied, unsafe equipment was involved, or another company may be part of what happened.
We handle workplace injury cases across New York, including injuries tied to warehouse work, delivery routes, hospitals, hotels, maintenance work, home care, cleaning work, and other demanding jobs.
That includes repetitive strain injuries, chemical exposure claims, carpal tunnel syndrome, traumatic brain injuries, orthopedic injuries, occupational disease, hearing loss, machinery injuries, struck-by accidents, vehicle-related work injuries, and other serious job-related harm.
Our firm brings proven experience to that work. We have recovered more than $2 billion in compensation for our clients.
Our case results include a $15 million recovery in a construction fall case, $12.8 million in a roof accident case, $11 million in a ladder accident verdict, $9.3 million in a falling material case, $6.5 million in a demolition accident case, and $5.5 million in a scaffold fall settlement.
Those results reflect years of proven experience, fast action, and disciplined case strategy from the start.
- More than 40 years of experience representing injured workers in New York
- More than $2 billion recovered for our clients
- Deep experience in workers’ compensation matters and broader job injury claims
- Fast action on records, evidence, and case strategy
- A worker-centered team that stands with the hardworking people who keep New York running
- Representation across the Bronx, Manhattan, Queens, Brooklyn, Staten Island, and Long Island
- Your consultation is free. Our team is available 24/7
That combination of experience, steady support, and early action matters when the injury is serious, and the next move can shape your whole case.
Common Questions After a Job Injury in New York
Injured at Work in New York? Go With Gorayeb™!
We represent injured workers throughout the Bronx, Manhattan, Queens, Brooklyn, Staten Island, and Long Island.
You can also visit our full New York City locations page, learn more about our firm, review the background of Christopher J. Gorayeb, and meet our experienced attorney team.
If you were hurt on the job and need a firm that can move fast, protect the evidence, and take control of your case from day one, call Gorayeb & Associates today for a free consultation that is 100% confidential. Go with Gorayeb™ when you need New York workplace accident lawyers.
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