NYC Workers' Compensation Attorneys
Are You in Need of a Top NYC Workers' Compensation Attorney?
In New York City, where construction is a vital part of the economy, injuries on the job are all too common. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we understand how devastating a workplace accident can be to your health, livelihood, and peace of mind. Our experienced NYC workers' compensation attorneys are here to help you secure the benefits you are entitled to under New York law. We handle every aspect of your claim so you can focus on your recovery.
Recent Case Results
Why Choose Us Over Other NYC Workers' Compensation Attorneys?
At WRSMH, we bring a long record of success and a tireless commitment to protecting injured workers to the table.
- Over $2 Billion Recovered for Clients - Our results speak for themselves; we’ve secured billions for injury victims through verdicts and settlements.
- More than 50 Years of Proven Legal Service - With over five decades of experience, our firm has built a legacy of trust and results across New York.
- Named to "Best Law Firms" by U.S. News & World Report - This prestigious ranking reflects our commitment to excellence and client-focused representation.
- Avvo Rated 10.0/10.0 Superb - Our perfect rating on Avvo highlights our legal skill, client satisfaction, and professional integrity.
- Recognized by Super Lawyers Magazine - Many of our attorneys are listed by the rating agency based on peer reviews and independent research.
- Multi-Million Dollar Advocates Forum Members - Membership in this elite group is reserved for attorneys who have won multi-million-dollar recoveries for clients.
- No Fee Unless We Win Your Case - We handle cases on a contingency fee basis, so you don’t pay unless we secure compensation for you.
- Extensive Trial and Settlement Experience - Whether at the negotiating table or in the courtroom, our team knows how to fight and win.
Hurt on a NYC Construction Site?
If you’ve suffered a job-related injury, our legal team is here to help you move forward. Contact WRSMH today at (212) 986-7353.
Notable Construction Accident Case Results
Construction worker fall: $36.25 million
Construction worker ladder accident: $11.1 million
Construction scaffold defect: $7.25 million
What's the Legal Process for a Construction Accident Case?
In New York, injured workers typically have two paths to compensation: a workers' compensation claim and, in some cases, a third-party personal injury lawsuit. Here’s how the legal process generally works:
Report the Injury
Notify your employer as soon as possible, ideally within 30 days of the accident. This is a critical first step that starts the clock on your workers' compensation claim.
File a Workers' Compensation Claim
Submit Form C-3 to the New York State Workers' Compensation Board. This document details how the injury happened and your resulting medical condition.
Medical Evaluation and Treatment
You are entitled to receive medical care from an authorized workers' compensation provider. All treatment should be documented and aligned with your claim.
Employer and Insurance Carrier Response
Your employer's insurance company will investigate the claim, and may accept, partially accept, or deny it. If denied, you have the right to appeal.
Hearings and Appeals
If disputes arise regarding your benefits, you may need to attend a hearing before a Workers' Compensation Law Judge. Your lawyer can prepare the necessary documentation and represents you at every hearing.
Third-Party Lawsuits
If your injury was caused by a negligent third party (such as a contractor or equipment manufacturer), you may be eligible to file a separate personal injury lawsuit. This can provide additional compensation beyond your workers' compensation benefits.
Construction accidents often involve complex liability issues. Our firm has extensive experience handling both workers' compensation and third-party litigation arising from workplace injuries.
"Very very good attorneys for me. WRSMH did a great job for me on my case. Thank you guys so much!"
- H.P. from Google
How a Lawyer Can Help
Navigating the workers' compensation system in New York can be challenging, especially when you're dealing with serious injuries and insurance companies looking to minimize payouts. A skilled attorney can ensure your claim is handled properly and that you receive the maximum compensation available.
Your workers’ compensation attorney can assist you by:
- Filing and managing your workers' compensation claim from start to finish
- Ensuring you meet all legal deadlines and requirements
- Securing appropriate medical evaluations and documentation
- Appealing denied claims and representing you at hearings
- Identifying potential third-party claims for additional compensation
- Negotiating with insurance carriers to maximize your benefits
Call to Learn More Today
You may be eligible for both workers’ compensation and a third-party injury claim. Call (212) 986-7353 to learn your options.
What Is Workers' Compensation Insurance?
In the aftermath of an on-the-job accident, even the hardest working New Yorker may find it impossible to get up and go back to work on his or her own strength. That's why our state makes sure that employers provide workers' compensation insurance, which is a federal program that’s regulated by the state of New York. Through workers’ compensation insurance, employees have the right to receive benefits when they are seriously injured, develop an injury, or contract an illness at the workplace.
Employers in the state of New York are required by law to purchase workers’ compensation insurance, which provides money and benefits to injured employees. These benefits replace the income that is lost when you are unable to work and help you heal as completely and as quickly as possible.
Although workers’ compensation is a government program, workers’ compensation insurance is provided by private insurance companies, and they are in business to make money. That’s why workers often encounter obstacles in their search for compensation, even when their injuries obviously qualify for benefits. Workers have the right to seek the assistance of an attorney when filing a workers’ compensation claim.
If you are an injured employee whose workers’ compensation application has been denied, you have the right to file an appeal with the New York State Workers’ Compensation Board, the organization that is tasked with protecting the rights of employees by ensuring the proper delivery of benefits.
What Injuries Qualify for Workers' Compensation in New York?
If you have been injured while at work, it is vital to understand what is and is not covered by New York's workers' compensation laws. These rules create strict guidelines concerning workers and their rights to pursue compensation. Just because you were at work when you were injured does not mean that you automatically qualify for benefits.
To be covered by New York compensation laws, your injury-causing incident must fall into the following categories:
- You must work for a company and in a capacity that is mandated to have workers' compensation coverage under New York law.
- The injury, illness, or disability that you suffered occurred because of your job and while you were performing the duties involved in your employment.
- You gave your employer a written notice of the incident that caused your injury or illness within 30 days of when it happened.
- A medical report states that your injury, disability, or illness was caused by an on-the-job accident or condition.
Unfortunately, even incidents that clearly qualify for compensation may be disputed by employers and their insurance providers. You will need to collect sound evidence and the support of medical professionals to prove that you do indeed deserve compensation for as long as it is needed.
Workers' Compensation Benefits in New York
New York State law provides many different types of benefits for injured workers with the goal of preventing financial hardship and helping victims return to work as soon as possible.
If you are found to qualify for workers' compensation, you can receive benefits including:
- Payments equal to 2/3 of your average weekly wage
- Reduced earning compensation to make up for a decreased ability to work if you have suffered a partial disability
- Medical treatment from doctors and chiropractors that is paid by the workers' compensation provider
- Compensation for extremity injuries, such as damage to arms, legs, hands, and feet or a facial scar, even when the damage does not keep you from working
- Reimbursement for traveling to doctors or therapists and out-of-pocket expenses related to your injury, such as bandages and prescriptions
What Can You Do If Your Claim Is Denied?
If your Workers’ Compensation claim was denied by your employer’s insurance company, you have the option to appeal. This is an extremely complicated process, and it is highly advisable to retain the services of an experienced New York Workers’ Compensation attorney. After a request for an appeal is made, the Worker’s Compensation Board will schedule a pre-hearing where the court will decide if the worker has enough evidence to go forward with a Worker’s Compensation claim.
Other Locations We Serve in New York
What Clients Are Saying About Us
Thank you very much- Gennady K. (5-Star Yelp Review)
Kenneth Halperin, with his paralegal Oksana Tarasova, helped me very much. I got injured in construction in NY. I was waiting for a trial with my employer to get money for damages. Keneth Halperin was my lawyer. But, suddenly, my mother died. She lived in another country. I had to return to my country. Later, I tried to get a visa to America, but the USA embassy refused me. I thought I would never get paid for my injuries. But my lawyer made the settlement with my employer and received the money. Later, he sent the money to me in my country. I am very glad that I had such a goo] lawyer. He is a very honest person. Everyone can trust him completely. Thank you very much.
I just can't say enough good things about this firm- Peter Desiderio (5-Star Google Review)
I was hit by someone else's material falling from above on a construction site. From the moment I started dealing with WRSMH, I knew I was in good hands. My attorney went above and beyond on even the smallest detail. He helped me with everything in a very fashionable and timely manner, from finding the right doctors to settling my case with the least amount of added stress. I just can't say enough good things about this firm. They must have written the book on how this is all supposed to work. For the life of me, I never thought that my dilemma could go so smoothly and I would be so happy with the results. Thank you so much!
Case Results
$11.1 Million Verdict - NY Construction Worker Fell from Ladder
Phil Russotti successfully secured an $11.1 million jury verdict in Queens County Supreme Court for a 53-year-old client who suffered a traumatic brain injury after a fall at a New York City High School construction site. Despite the defense's claim that the client exaggerated his disabilities by failing neuropsychological tests, expert testimony from a neuropsychologist and psychiatrist demonstrated that the client suffered significant personality changes and cognitive impairments due to brain damage, confirmed through MRI evidence. Additional testimonies from the client's family and a Professor of Neuroanatomy highlighted the irreversible impact on his life, supporting the claim of serious and permanent brain damage. The jury awarded the verdict covering pain and suffering, loss of enjoyment of life, loss of earnings, and rehabilitation costs.
$6.5 Million Settlement - Carpenter Injured at Jobsite
Attorney David M. Hoffman of Wingate, Russotti, Shapiro, Moses & Halperin, LLP secured a $6,500,000 settlement for a 50-year-old construction worker who suffered severe injuries after a fall from a height at a jobsite. The accident occurred while he was working on an elevated section of a Doka form work wall during the Rehab of Kew Gardens Interchange project at the Van Wyck Expressway in Queens. The plaintiff fell approximately 25 feet due to the defendants' failure to provide adequate safety equipment or an alternative such as a crane or boom lift. As a result, he sustained significant trauma, including intracranial injuries, fractures, and facial and knee damage requiring surgeries, leading to a traumatic brain injury and cognitive deficits. The defendants contended that the worker was given a proper safety harness but did not use it correctly.
Speak With a Trusted Workers’ Compensation Lawyer in NYC
If you or a loved one has been injured on the job in New York City, contact Wingate, Russotti, Shapiro, Moses & Halperin, LLP today. We have helped thousands of injured workers recover the compensation they deserve, and we’re ready to help you, too.
Call (212) 986-7353 to schedule your free consultation.
Workers Compensation FAQs
What is workers’ compensation, and who qualifies in New York?
Workers’ compensation is a no-fault insurance system that provides medical treatment and wage replacement to employees injured on the job. In New York, nearly all employees are covered, including full-time, part-time, and seasonal workers.
What should I do immediately after a workplace injury?
Report the injury to your employer as soon as possible, preferably in writing, and seek medical treatment from a provider authorized by the New York Workers’ Compensation Board. Delays in reporting or treatment can hurt your claim.
How long do I have to file a workers’ compensation claim in New York?
You must notify your employer within 30 days of the injury and file a formal claim with the Workers’ Compensation Board (Form C-3) within two years of the date of the accident or when the injury became known.
What if my workers’ compensation claim is denied?
You have the right to appeal. Your workers’ comp attorney can represent you at hearings and fight to get your benefits approved.
Can I get more than just workers’ comp if I was injured on a construction site?
Maybe. If a negligent third party such as a subcontractor, property owner, or faulty equipment caused your injury, you may be eligible for a third-party lawsuit in addition to your workers’ comp benefits. WRSMH has recovered millions for injured construction workers in these cases.
How long does it take to receive workers’ compensation benefits?
Once your claim is accepted, payments for lost wages typically begin within 18 days after the claim is filed. However, any delays, disputes, or denials can prolong the process. Having legal representation helps avoid unnecessary delays.
Meet Our Attorneys
Philip Anthony Russotti
Philip A. Russotti is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. In his role at the firm, Phil ensures that every case he handles is prepared with the same rigor, leveraging a full complement of expert witnesses and trial resources. Phil has been a driving force at WRSMH.
Kenneth J. Halperin
Kenneth J. Halperin is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. He handles a broad spectrum of cases. Ken is known for his rigorous case management and trial ready approach, working personally with clients from the start through resolution or verdict. He has obtained significant verdicts and settlements in high stakes construction and premises cases.
Bryce Moses
Bryce Moses is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, where he represents people who have been seriously injured. He has secured numerous multimillion-dollar verdicts and settlements on behalf of clients throughout New York City. Ken has built a reputation as a tenacious courtroom advocate and a strategic negotiator.
Clifford H. Shapiro
Clifford Harlan Shapiro is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, where he practices personal injury law. Cliff handles a broad range of serious injury and wrongful death cases. Known for his skill in negotiation, he plays an active role in resolving cases through early settlement when possible.
Additional Information
- How a Lawyer Will Help You Maximize a Workman’s Comp Claim
- When Is an Independent Contractor on a Construction Site Actually an Employee?
- What Benefits Do Loved Ones Receive After Construction Accidents?
- How Does New York Workmens’ Compensation Work?
- NYS Workers' Compensation Board