# New York Workers' Compensation Lawyers | Free Case Review

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# Injured at Work? Start Here.

A workplace injury can affect your health, your income, your family, and your future. For more than **93 years**, The Disability Guys have helped injured workers understand their rights, protect their benefits, and move forward with confidence — whether you were hurt in a single accident or your condition developed over time.

[Call 866-205-2415](tel:18662052415)   Available 24/7 Hablamos Español No fee unless we win

## Request a free consultation

Tell us what happened. A New York attorney calls you back within hours, not days — in English or Spanish.

![A construction worker wearing a hard hat and safety vest on a job site](https://thedisabilityguys.com/wp-content/uploads/2026/07/tdg-construction-worker-portrait.jpg)

New York workers’ comp isn’t charity. It’s the law.

Know Your Rights

## You may have more rights than you realize

Many injured workers believe their injury isn’t serious enough, that a pre-existing condition disqualifies them, that a denied claim is the end of the road, or that they waited too long to take action. In most cases, none of that is true. Every situation is different, but you should never assume you don’t have a claim without first understanding your rights.

Workers’ Compensation benefits may help cover medical treatment, lost wages, permanent disability benefits, rehabilitation services, and death benefits for surviving family members. Understanding what benefits may be available is often the first step toward protecting your health, your income, and your future.

For more than 93 years, injured workers have trusted The Disability Guys during some of the most difficult periods of their lives. We understand that workplace injuries are not just legal issues — they can affect your health, your family, your finances, and your future. That’s why we focus on helping our clients understand their rights, protect their benefits, and move forward with confidence.

Explore Your Case

## Every part of a New York workers’ comp case

From your first claim filing to a final award or settlement, here is what to know at every stage.

[### What Workers’ Comp Covers Medical bills, lost wages, permanent awards, and death benefits — what NY law requires your employer to carry. Read more→](/workers-compensation/what-is-workers-compensation/)[### What To Do First When Hurt at Work The first 30 days decide everything. Five steps, in the right order, protect your benefits. Read more→](/workers-compensation/what-to-do-when-injured/)[### The WC Process and Timeline From C-3 filing to a final award — the six stages every New York case moves through. Read more→](/workers-compensation/process-and-timeline/)[### Appeals and WCB Hearings A judge ruled against you? That is not the end. Three levels of appeal explained. Read more→](/workers-compensation/appeals-and-hearings/)[### Section 32 Settlements A lump-sum settlement closes your case forever. Know what you are signing before you sign it. Read more→](/workers-compensation/section-32-settlements/)[### Workers’ Comp Benefit Calculator The formulas behind your weekly check and your permanency award — plain and simple. Read more→](/workers-compensation/calculator/)[### The C-4.3 Form Explained One form controls your permanency award. Make sure your doctor gets it right. Read more→](/workers-compensation/c4-3-form/)[### Can My Employer Fire Me For Filing? No. NY law prohibits retaliation for filing a workers’ comp claim — and penalizes employers who try. Read more→](/workers-compensation/faq-can-i-be-fired-on-wc/)[### Who Pays My Medical Bills? The insurance carrier pays — no co-pays, no deductibles, no balance billing — for authorized treatment. Read more→](/workers-compensation/faq-who-pays-medical-bills/)        After a Workplace Injury

## What to do if you got hurt at work

The first 30 days matter most. Five steps that protect your claim — and your benefits.

[Call 866-205-2415](tel:18662052415)    1

### Tell your employer in writing — within 30 days

New York law says you must report your injury to your employer within 30 days. A text or email is fine, but get it in writing. Say what happened, where, and when — and save a copy.

2

### Get care from a Board-authorized provider

Tell the doctor’s office it’s a workers’ comp visit. The first doctor’s report (Form C-4) is the foundation of your entire case — see a doctor who handles WC patients regularly.

3

### File a Form C-3 with the Workers’ Compensation Board

This is the form that actually opens your case with the State. You have two years to file, but waiting weakens your case. We file this for you, correctly, at no charge.

4

### Don’t talk to the insurance adjuster without a lawyer

The adjuster works for the company, not for you. Anything you say — even “I feel a little better” — can be used to deny or reduce your benefits. Let us talk to them.

5

### Call us. The consultation is free.

We tell you what your case is worth, what to expect, and whether you need an attorney at all. If it’s straightforward, we’ll say so. If it’s not, we’ll explain why — and what we’d do about it.

Common Questions

## Questions we hear every day

Straight answers to the questions injured workers ask us most.

How is my Average Weekly Wage (AWW) calculated for workers’ comp in New York?

Your AWW is based on your gross wages during the 52 weeks before your injury, divided by 52. Under NY Workers’ Comp Law §14, your weekly benefit equals two-thirds of your AWW, up to the state maximum. Overtime and certain bonuses count toward your AWW.

What is a Section 32 settlement in New York workers’ comp?

A Section 32 settlement is a lump-sum deal that closes your workers’ comp case permanently. Under NY Workers’ Comp Law §32, you trade future weekly benefits and medical coverage for a one-time payment. Once the WCB approves it, the agreement is final and cannot be reopened.

What is the C-4.3 form and why does it matter for my workers’ comp case?

The C-4.3 is the WCB form your doctor files to report your degree of disability and work restrictions. It directly controls your weekly benefit rate. If your doctor files it late or fills it out incorrectly, your checks can stop.

Can I switch doctors during my New York workers’ comp case?

Yes, but with limits. Under NY Workers’ Comp Law §13-b, you may change your treating doctor once without Board permission. After that first change, you need WCB authorization, and any new doctor must be authorized by the WCB.

What happens at an Independent Medical Examination (IME) for workers’ comp?

An IME is a medical exam paid for by the insurance company. The doctor evaluates your injury and files a report that can be used to cut or stop your benefits. You are required to attend, but you have rights.

Can I be fired for filing a Workers’ Compensation claim in New York?

No. NY Workers’ Comp Law §120 makes it illegal for an employer to fire, discriminate against, or penalize any worker for filing a workers’ comp claim. Violations can result in penalties and additional compensation to the injured worker.

What does permanent partial disability mean in a New York workers’ comp case?

Permanent partial disability (PPD) means your injury has permanently reduced — but not eliminated — your ability to work. Under NY Workers’ Comp Law §15, your weekly benefit and the number of weeks you receive it depend on your loss of wage-earning capacity percentage.

How long do workers’ comp benefits last in New York?

It depends on your disability classification. Temporary total disability benefits can last up to 7 years total. Permanent partial disability benefits run from 225 to 525 weeks. Permanent total disability benefits continue until age 65, then are reduced.

Who pays my medical bills in a New York workers’ comp case?

The workers’ comp insurance carrier pays all medical bills for treatment of your accepted work injury. You pay nothing out of pocket — no co-pays, no deductibles, no balance billing — for treatment from WCB-authorized providers.

[Browse all workers’ comp FAQs →](/insights/)

Estimate Your Benefit

## How much could your weekly workers’ comp benefit be?

New York calculates your weekly check as two-thirds of your average weekly wage (AWW), capped at the state maximum — $1,281.50 per week for recent claims, adjusted annually. This illustrative example is not a calculation of your case; your actual benefit depends on your wage history, disability classification, and the specific facts of your claim.

Benefit Estimator Average weekly wage$1,200 Degree of disability75%   Estimated weekly benefit  $600/week

About $31,200 a year.

ESTIMATE ONLY, using the NY formula (⅔ × wage × disability), capped at the state maximum of $1,281.50/week for accidents on or after July 1, 2026. A statutory weekly minimum may also apply. Your actual benefit depends on the facts of your case.

[Schedule a Free Case Review](/contact-us/)          Case Results

## Real cases. Real results.

Three recent Workers’ Compensation outcomes — case context and result. No client identifying information.

Schedule Loss of Use Award Knee injury — 35% SLU award

Warehouse worker injured a knee in a slip-and-fall on a loading dock. We established the average weekly wage and secured a 35% schedule loss of use rating, with all medical treatment kept open through recovery.

Denied Claim Reversed Carrier denial overturned at first hearing

Insurance carrier argued the injury wasn’t work-related and filed a denial. We produced the accident report and the treating doctor’s causal opinion, and the Workers’ Compensation Law Judge established the claim at the first hearing.

Section 32 Settlement Back injury — lump sum negotiated above initial offer, medical left open

Carrier opened with a low lump-sum offer to close the case entirely. We calculated the client’s case value using the statutory SLU math, negotiated a higher settlement, and preserved the client’s right to future authorized medical treatment.

Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.

Reviewed by Brian M. Mittman, Esq. Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades.

Last reviewed: July 29, 2026        Related Practice Areas

## Other ways we help

Same firm, same approach — different practice areas under one roof.

[### Social Security Disability Can’t work due to a disability. SSDI & SSI claims, denials, appeals. Learn more →](/social-security-disability/)[### Long-Term Disability Private LTD insurance denied or cut off. ERISA appeals. Learn more →](/long-term-disability/)[### Personal Injury Car accident. Construction site. Scaffold Law. Learn more →](/personal-injury-lawyers-in-new-york/)[### Workers’ Rights Retaliation, wage theft, harassment. Plaintiff-side only. Learn more →](/workers-rights/)       7 Offices Across New York

## Find a lawyer near you

Seven offices in the towns working New Yorkers actually live.

[White Plains120 Bloomingdale Road, Suite 403, White Plains, NY 10605Call (914) 946-1452](/locations/white-plains/)[Yonkers51 Smart Avenue, Suite 200A, Yonkers, NY 10704Call (914) 600-3874](/locations/yonkers/)[Manhattan1825 Park Avenue, Suite 901, New York, NY 10035Call (212) 897-9004](/locations/manhattan/)[Brooklyn300 Cadman Plaza West, 12th Floor, Room 12071, Brooklyn, NY 11201Call (718) 509-3599](/locations/brooklyn/)[Newburgh320 Robinson Avenue, Suite 217, Newburgh, NY 12550Call (845) 299-8095](/locations/newburgh/)[Goshen3 Hatfield Lane, Suite 2D, Goshen, NY 10924Call (845) 360-9931](/locations/goshen/)[Poughkeepsie42 Catherine Street, Suite A, Poughkeepsie, NY 12601Call (845) 935-0017](/locations/poughkeepsie/)        Your Legal Team

## The attorneys who work your case

Not a call center. The lawyer who signs you is the lawyer who shows up.

- ![Brian M. Mittman, Esq.](https://thedisabilityguys.com/wp-content/uploads/2026/07/tdg-brian-mittman.jpg) ## Brian M. Mittman, Esq. Managing Partner · Markhoff & Mittman, P.C. [Call 866-205-2415](tel:18662052415) [Schedule with Brian](/contact-us/) - Admitted in New York - 30+ years in practice - Attends Board hearings personally Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal. [Full bio & credentials →](/our-team/brian-mittman/)
- ![Randy Jacobs, Esq.](https://thedisabilityguys.com/wp-content/uploads/2026/07/tdg-randy-jacobs.jpg) ## Randy Jacobs, Esq. Attorney · Markhoff & Mittman, P.C. [Call 866-205-2415](tel:18662052415) [Schedule with Randy](/contact-us/) - Admitted in New York and New Jersey - Pace University School of Law, J.D. - Litigates before the Workers' Compensation Board Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants. [Full bio & credentials →](/our-team/randy-jacobs/)
- ![Benai Lifshitz, Esq.](https://thedisabilityguys.com/wp-content/uploads/2026/07/tdg-benai-lifshitz.jpg) ## Benai Lifshitz, Esq. Attorney · Markhoff & Mittman, P.C. [Call 866-205-2415](tel:18662052415) [Schedule with Benai](/contact-us/) - Admitted in New York, 2008 - New York Law School, J.D. 2007 - With The Disability Guys since 2013 Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board. [Full bio & credentials →](/our-team/benai-lifshitz/)
- ![Emily Grajales, Esq.](https://thedisabilityguys.com/wp-content/uploads/2026/09/tdg-emily-grajales.jpg) ## Emily Grajales, Esq. Attorney · Markhoff & Mittman, P.C. [Call 866-205-2415](tel:18662052415) [Schedule with Emily](/contact-us/) - Admitted in New York, 2007 - 20 years in practice - Fluent in Spanish Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA. [Full bio & credentials →](/our-team/emily-grajales/)
- ![Lauren Jurgens, Esq.](https://thedisabilityguys.com/wp-content/uploads/2026/09/tdg-lauren-jurgens.jpg) ## Lauren Jurgens, Esq. Attorney · Markhoff & Mittman, P.C. [Call 866-205-2415](tel:18662052415) [Schedule with Lauren](/contact-us/) - Admitted in New York, 2023 - Albany Law School, J.D. 2022 - Handles Third Department appeals Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department. [Full bio & credentials →](/our-team/lauren-jurgens/)

[![The Disability Guys' Guide to Navigating the New York Workers' Compensation Maze](https://thedisabilityguys.com/wp-content/uploads/2026/08/tdg-guide-wc-cover.png) Free Guide Navigating the New York Workers’ Compensation maze. A free book for injured New York workers — posted to you, no obligation. Get the free book](/workers-compensation/free-guide/)

## Talk to a real attorney today.

Free consultation. No fee unless we win. English or Spanish. Day or night.

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**Markhoff & Mittman, P.C.**
Helping working New Yorkers for more than 93 years. The Unexpected Legal Experience.™

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© 2026 Markhoff & Mittman, P.C. d/b/a The Disability Guys. Attorney Advertising. Prior results do not guarantee a similar outcome. The content of this site is for general informational purposes only and is not legal advice. Use of this site does not create an attorney-client relationship. [Privacy](/privacy/) · [Terms](/terms/) · [Accessibility](/accessibility/)

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