Workers' compensation is a no-fault system: if you are injured on the job in New York, you are generally entitled to benefits regardless of who caused the accident. Those benefits can cover your medical treatment and a portion of your lost wages while you recover. In exchange, you usually cannot sue your own employer directly.
In practice, getting the benefits you are owed is rarely as simple as it sounds. Claims get denied, disputed, delayed, or cut off. Insurers question whether your injury is work-related, whether you can return to work, and how much your disability is worth. Deadlines and paperwork are strict, and one misstep can jeopardize your benefits.
For more than 30 years, Adam L. Shapiro & Associates has helped injured New York workers secure benefits — and, just as importantly, spotted the cases where a separate personal-injury lawsuit against a third party can recover far more than comp alone. Knowing the difference is where real value is often found.
On-the-job injuries
Acute injuries from a workplace accident of any kind.
Repetitive stress
Carpal tunnel and injuries that build up over time.
Construction injuries
Worksite injuries that may also support a Labor Law lawsuit.
Denied & disputed claims
Benefits wrongly denied, delayed, or cut off.
Permanent disability
Scheduled and non-scheduled permanent-disability awards.
Third-party claims
Lawsuits against a negligent party who is not your employer.
New York's Workers' Compensation Law is generally the "exclusive remedy" against your employer — meaning you receive benefits without proving fault, but you cannot sue your employer for pain and suffering. Benefits include medical care and cash payments based on your degree of disability and lost earnings. You must report the injury to your employer and file your claim within strict deadlines.
The most important thing many injured workers miss: if someone other than your employer contributed to your injury — a negligent driver, a property owner, a general contractor, or an equipment manufacturer — you may have a separate third-party lawsuit in addition to workers' comp. That lawsuit can recover pain and suffering that comp never pays. On construction sites, Labor Law §§ 240 and 241 make these third-party claims especially powerful.
Benefits regardless of fault
Workers' comp pays medical care and partial lost wages even if the accident was your fault.
Report and file promptly
Notify your employer quickly (generally within 30 days) and file your claim on time to protect your benefits.
The third-party difference
If a non-employer was negligent, a separate lawsuit can recover pain and suffering — often worth far more than comp alone.
Medical treatment
Coverage for care related to your work injury, with no deductible.
Lost-wage benefits
Cash payments based on your degree of disability and average weekly wage.
Permanent disability awards
Scheduled and non-scheduled awards for lasting impairment.
Vocational support
Help returning to work or retraining when you cannot go back to your old job.
Third-party damages
Through a separate lawsuit, pain and suffering and full economic losses.
Report the injury now
Tell your employer in writing as soon as possible — generally within 30 days — to protect your claim.
Get authorized medical care
See a doctor promptly and make sure your treatment is documented as work-related.
Call us about both tracks
We protect your benefits and check whether a third-party lawsuit could recover much more.
Free case review
We review your work injury, your benefits, and any possible third-party claim at no cost.
Securing your benefits
We handle the paperwork, deadlines, and disputes to get the benefits you are owed.
Third-party investigation
We identify any non-employer whose negligence contributed to your injury.
Maximizing recovery
We coordinate comp and any lawsuit to pursue the fullest recovery available.
Can I get workers' comp if the accident was my fault?
Yes. Workers' compensation is a no-fault system — you are generally entitled to benefits regardless of who caused the workplace accident, as long as you meet the reporting and filing deadlines.
My claim was denied. What now?
A denial is not the end. Claims are disputed for many reasons, and we can help you appeal and present the medical evidence needed to secure your benefits.
Can I sue in addition to workers' comp?
You generally cannot sue your employer, but if a third party — a driver, property owner, contractor, or equipment maker — contributed to your injury, you may have a separate lawsuit that recovers pain and suffering. This is where cases often gain real value.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no fee unless we win your case.