Workers’ comp covers more than you think. Medical bills, lost wages, and permanent awards.
New York Workers’ Compensation Law covers medical treatment, lost wages, permanent disability awards, and death benefits when you are hurt on the job or develop an occupational disease. You do not need to prove your employer was negligent — you just need to show the injury happened at work. Free consultation. No fee unless we win.
Four kinds of benefits New York law requires your employer to carry.
Under NY Workers’ Compensation Law § 10, almost every New York employer must carry workers’ compensation insurance. That insurance pays for medical care related to your work injury — doctor visits, surgery, physical therapy, prescriptions, and necessary travel. You choose your doctor from an authorized provider list, and the carrier pays the bills directly. There is no deductible and no co-pay for authorized treatment.
Lost wage benefits are set by § 15 of the WC Law. If you miss more than seven days of work, you receive two-thirds of your average weekly wage (AWW), up to the state maximum — $1,281.50 per week in 2026. If you are totally disabled for more than 14 days, you also receive pay for the first waiting week. The benefit continues until you reach maximum medical improvement (MMI) or your case is resolved.
Permanent injuries trigger additional awards under § 15(3). A doctor assigns a schedule loss of use (SLU) percentage to the injured body part, and the Workers’ Compensation Board multiplies that by a statutory week value — for example, 312 weeks for a total arm loss. Death benefits under § 16 pay two-thirds of the deceased worker’s AWW to surviving dependents for up to 500 weeks, plus a burial allowance of $12,500.
What you need to know
Plain-English answers to the questions that come up most often on these cases.
How AWW Is Calculated
Your average weekly wage drives every benefit amount.
Read moreWho Pays Medical Bills
The carrier pays — not you, not Medicare.
Read morePermanent Partial Disability
SLU awards after maximum medical improvement.
Read moreHow Long Benefits Last
Temporary vs. permanent benefit durations explained.
Read moreUndocumented Workers
Immigration status does not bar you from benefits.
Read moreWC and SSDI Together
Collecting both at once and the offset rules.
Read moreHow we handle these cases
We verify coverage and file the C-3
We confirm your employer’s carrier, gather your injury report, and file the Employee Claim (C-3 form) with the Workers’ Compensation Board within two years of your injury date as required by § 28.
We establish your AWW
We pull 52 weeks of payroll records, overtime, and concurrent employment to calculate the highest defensible average weekly wage under § 14 — because every dollar of AWW moves your weekly benefit.
We secure authorized medical care
We make sure your treating doctor is authorized and that the carrier is paying bills within the statutory 45-day window. Unauthorized care can be denied, so the right setup matters early.
We prepare for hearings
If the carrier disputes any benefit, we appear before the Workers’ Compensation Law Judge with medical records, wage records, and witness testimony to protect your rate and medical coverage.
We protect your long-term interests
When you reach maximum medical improvement, we evaluate whether a schedule loss of use award, a Section 32 settlement, or continued indemnity benefits best serves your situation before we close anything.
Real cases. Real results.
Three recent Workers’ Compensation outcomes — case context and result. No client identifying information.
Client injured dominant arm in warehouse fall. We established AWW of $1,040 and obtained a 60% SLU award — 187.2 weeks of benefits — plus all medical kept open.
Surviving spouse of construction worker received two-thirds of decedent’s AWW for 500 weeks plus the $12,500 burial allowance after we contested the carrier’s coverage denial.
Carrier rejected spinal surgery as unrelated. We produced independent medical evidence and the WCLJ ordered payment of all outstanding bills within 45 days.
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.
Related questions
Quick answers from our FAQ library.
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 →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights
Retaliation, wage theft, harassment. Plaintiff-side only.
Learn more →Workers’ Compensation lawyers near you
Seven New York offices serving working clients across the state.
The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- 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.
- 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.
- 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.
- 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.
- 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.
Need a workers' compensation lawyer?
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