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Davydova Law Group | Rego Park NY

New York Workers’ Compensation Attorney

Workers Compensation

FAQ
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Workers' Compensation Attorney in New York

Helping Injured Workers Throughout New York City & New York State

A workplace injury can affect every aspect of your life—from your health and ability to work to your financial stability. At Davydova Law Group P.C., we help injured workers throughout New York City and New York State navigate the workers’ compensation system and pursue the benefits they deserve.

Whether you’ve suffered an injury in a single accident or developed a medical condition over time because of your job, we’re committed to protecting your rights and guiding you through every stage of the claims process.

Understanding Workers' Compensation in New York

Workers’ compensation is not a lawsuit against your employer. Instead, it is an insurance claim that provides benefits to employees who suffer work-related injuries or illnesses.

Under New York Workers’ Compensation Law, most employers are required to carry workers’ compensation insurance. If you are injured while performing your job duties or develop an occupational illness, you may be eligible for benefits regardless of who caused the accident.

A workers’ compensation claim generally consists of two important components:

  • Medical Benefits – Coverage for necessary medical treatment related to your workplace injury or occupational illness.
  • Lost Wage Benefits – Partial wage replacement if your injury prevents you from working or limits your ability to earn income.

Depending on your injury, you may also qualify for compensation related to a temporary or permanent disability.

What Benefits May Be Available?

If your claim is approved, workers’ compensation benefits may include:

Medical treatment and ongoing care

Hospital and surgical expenses

Prescription medications

Physical therapy and rehabilitation

Mileage reimbursement for medical appointments

Partial replacement for lost wages

Temporary disability benefits

Permanent partial or permanent total disability benefits

Death benefits for eligible surviving family members

Every case is different, and the benefits available depend on the nature of your injury and your ability to return to work.

We Help With All Types of Workplace Injuries

Our firm represents employees who have been injured in a wide variety of industries and occupations throughout New York.

Common workplace injury claims include:

  • Construction accidents
  • Slip and fall injuries
  • Machinery and equipment accidents
  • Repetitive stress injuries
  • Back and neck injuries
  • Shoulder and knee injuries
  • Occupational illnesses
  • Exposure to hazardous materials
  • Falling objects and lifting injuries

Whether your injury occurred suddenly or developed over months or years, you have the right to explore your legal options.

When Insurance Companies Push Back, We're Ready to Help

Although workers’ compensation benefits are designed to protect injured employees, obtaining those benefits is not always straightforward.

Insurance carriers may:

  • Deny valid claims
  • Delay payment of benefits
  • Challenge the severity of your injuries
  • Dispute whether your condition is work-related
  • Attempt to reduce or terminate ongoing benefits

If your claim has been denied or delayed, don’t assume that’s the final decision. Having experienced legal representation can make a meaningful difference in protecting your rights and ensuring your claim is fairly evaluated.

How Davydova Law Group P.C. Can Help

Navigating the workers’ compensation system can be overwhelming, especially while recovering from an injury. Our firm provides experienced legal guidance throughout every stage of your claim.

We can assist with:

  • Filing your initial workers’ compensation claim
  • Gathering medical evidence and documentation
  • Communicating with insurance carriers
  • Representing you before the New York Workers’ Compensation Board
  • Preparing for hearings
  • Appealing denied or disputed claims
  • Protecting your right to receive ongoing medical care and wage replacement benefits

Our goal is to make the legal process as straightforward as possible while pursuing every benefit available under New York law.

FAQ

I've been injured in a workplace accident. What should I do?

If you’ve been injured on the job, taking the right steps as soon as possible can help protect both your health and your right to workers’ compensation benefits.

1. Seek Medical Treatment

Your health comes first. If your injury is an emergency, seek immediate medical care. Otherwise, you should be evaluated by a healthcare provider authorized by the New York State Workers’ Compensation Board (WCB) whenever possible.

When receiving treatment:

  • Tell your healthcare provider that your injury is work-related.
  • Provide the name of your employer.
  • Do not use your personal health insurance or pay out of pocket for treatment related to your workplace injury.
  • Keep receipts for travel expenses, parking, mileage, or public transportation, as you may be eligible for reimbursement.

2. Notify Your Employer

Report your injury to your employer as soon as possible. While New York law generally allows up to 30 days to provide notice, reporting your injury immediately can help avoid delays or disputes.

3. File Your Workers’ Compensation Claim

Complete and file Employee Claim (Form C-3) with the New York State Workers’ Compensation Board as soon as possible.

In most cases, you have two years from the date of your workplace injury to file a claim. Missing this deadline could prevent you from receiving benefits.

If you’re unsure how to begin or your employer or insurance carrier is disputing your claim, Davydova Law Group P.C. can help guide you through the process.

Yes. Many workers’ compensation claims involve injuries or illnesses that develop gradually rather than from a single accident.

Conditions such as:

  • Carpal tunnel syndrome
  • Repetitive stress injuries
  • Hearing loss
  • Occupational illnesses
  • Back, neck, or joint conditions caused by repetitive work

may qualify for workers’ compensation benefits if they are related to your job duties or work environment.

Schedule an appointment with a physician—preferably one authorized by the Workers’ Compensation Board—and explain:

  • Your job title
  • Your daily job duties
  • How long you’ve performed those duties
  • The symptoms you’re experiencing

If your physician determines that your condition is work-related, you may be eligible to file a workers’ compensation claim.

In most occupational disease cases, the filing deadline begins when you first become aware—or reasonably should have become aware—that your condition is related to your employment. Because these cases can involve complex deadlines, it’s important to speak with an experienced attorney as soon as possible.

Yes. Returning to work does not necessarily end your workers’ compensation claim.

Many injured workers continue receiving authorized medical treatment while working, whether they return to full duty or light-duty work. Your treatment plan should always follow your healthcare provider’s recommendations.

If you have questions about returning to work or modified-duty employment, our office can help you understand how it may affect your benefits.

Yes. You have the right to seek a second opinion from another healthcare provider who is authorized by the New York State Workers’ Compensation Board.

A second opinion can be especially valuable if you have concerns about your diagnosis, treatment plan, work restrictions, or recovery.

The answer depends on your employment status.

If you are an at-will employee and do not have an employment contract or union protections, your employer may be permitted to terminate your employment under certain circumstances.

If you are represented by a union, you should also contact your union representative to understand any additional protections that may apply.

Depending on your situation, you may qualify for Family and Medical Leave Act (FMLA) protections, which can provide eligible employees with up to 12 weeks of job-protected leave.

If you believe you were wrongfully terminated because of your workplace injury or workers’ compensation claim, contact our office. We can evaluate your situation and, if appropriate, refer you to an employment law attorney.

Possibly. Every workers’ compensation case is different, and not every claim ends with a settlement.

Certain injuries—particularly those involving permanent impairments to the arms, legs, hands, or feet—may qualify for scheduled loss of use awards under New York law. Other cases may be resolved through different types of settlements, depending on the facts of your claim, your medical condition, and the insurance carrier’s position.

During your consultation, we’ll review your case, explain the settlement options that may be available, and help you understand what to expect.

Possibly—but retiring can affect your workers’ compensation benefits and future rights.

Before signing any retirement paperwork or accepting a retirement package, we strongly recommend speaking with an attorney. Reviewing your retirement plans beforehand can help protect your benefits and prevent unintended consequences.

If you’re considering retirement after a workplace injury, Davydova Law Group P.C. can help you understand how your decision may impact your claim.

Schedule Your Free Consultation

If you’ve been injured on the job or developed a work-related illness, don’t navigate the workers’ compensation system alone.

Contact Davydova Law Group P.C. today to schedule a free consultation. We’ll review your situation, explain your rights under New York Workers’ Compensation Law, and help you pursue the medical benefits and financial compensation you may be entitled to receive.

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