How do I know if I have a Workers' Comp claim?

Generally, if you suffered and injury or medical condition as a result of an accident at work, you are entitled to workers compensation benefits under New York Law. This includes an accident or work condition that occurs while you are on the job that creates or contributes to a new injury, or one that exacerbates a condition you from which you already suffer. For example, breaking bone due to a slip and fall and suffering a heart attack caused at least in part by the stresses of a job are both valid workers' compensation claims.

The difficult part of proving a claim, however, is establishing the chain of causation between the accident or work condition and the injury or medical condition from which you currently suffer. Insurance companies have savvy, experienced lawyers who work for them and who know how to challenge the validity of a claim by arguing that is was factors outside of work and not the conditions on the job that caused someone to be injured. For example, the insurance company could argue that it was the lifestyle choices and diet of an individual and not the stress of the job that caused him or her to have a heart attack. This is one of many reasons why it is essential to hire a lawyer to assist you with your claim.

An experienced and knowledgeable attorney will be able to assess your claim or claims, collect all the relevant and necessary evidence to support the claim, and file everything in a timely and efficient manner. A lawyer will also know how to take a stand against the insurance companies and how to prove that the injury was at least in part a consequence of performing the job. Our lawyers have years of experience preparing claims, negotiating with insurance companies, and fighting vigorously for our clients at trial. We work tirelessly to ensure that our clients receive the maximum compensation possible and that they are not taken advantage of by insurance companies.

If you or a loved one is suffering from an injury or medical condition that you suspect maybe at least be in part caused by the performance of their job, you should contact an attorney right away. You have a limited time to file a claim and do not want to miss your window. If you wait to long, you may be barred from bringing a claim altogether even though it would have been otherwise valid. When you are injured and unable to work, you lose out on wages that you otherwise would have earned and you have medical bills to pay. Workers' compensation benefits are designed to cover these costs and you should not hesitate to ask for what benefits do you qualify.

Additionally, you still can qualify for workers' compensation benefits even if you receive social security disability benefits, have a pre-existing condition, have unemployment insurance, and if you also have a lawsuit against someone other than your employer for negligently causing your injury. Your injury does not have to be specifically from an accident either. Repetitive motions and other activity that over time causes medical conditions also entitle employees to workers' compensation benefits. While the possibilities are numerous and the eligibility requirements can be broad, establishing and proving a claim can still be quite difficult and it is essential to have an experienced lawyer to server as your guide and advocate.


Consulting with our workers' compensation lawyers is free and we only collect a fee if you win. There is no risk to coming in and speaking with one of our attorneys about a potential claim. Being injured and in need of time to recover already puts you in a vulnerable position; not having an attorney only increases your vulnerability when going up against insurance company lawyers whose job is to minimize the compensation you receive. Having an attorney to guide you through the claims process will make sure that all of your claims are addressed and properly filed, and that you will have an advocate every step of the way who is fighting relentlessly to get you the compensation you deserve. Call us today for your free consultation at (212)-400-4000 or email at info@mlawfirm.com