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New York, NY(212) 365-4875
Clemenza Concierge

Hurt at work · workplace injury and workers' compensation

You got hurt doing your job

The ladder slipped. The forklift backed up. The lifting finally caught up with your back, or the fumes you breathed for years turned into a diagnosis. Now there are forms from your employer, calls from an insurance company you have never heard of, and a paycheck that has stopped or shrunk.

Being hurt at work usually involves workers' compensation, a benefits system that pays for medical care and part of your lost wages regardless of who was at fault. Sometimes it also involves a separate claim against someone other than your employer. Tell us what happened.

Tell us what happened

This may be for you if

  • I was injured on a construction site, in a warehouse, on the road or anywhere else at work.
  • I became sick from something I was exposed to at work.
  • My workers' compensation claim was denied, or my benefits were cut off.
  • The insurance company wants me to see its own doctor, and I don't know what that means.
  • Equipment, a vehicle or another company's worker caused my injury.
  • A family member died from a work accident or illness.

What we do, and what we do not

We do

  • A lawyer at our firm looks at your case and sorts out what may be involved: a workers' compensation claim, a claim against someone else, or both.
  • These claims are governed by the law of the state where you work or were hurt, and each state runs its own system. When a firm that handles workplace injury cases there is better placed to lead a claim against someone other than your employer, we choose that firm for you, from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

We do not

  • We don't promise that a claim will be approved or what it might be worth.

Two firms on your side, for the cost of one

When another firm leads a claim against someone other than your employer, like the general contractor, the property owner or the company that made a machine that failed, you have two law firms on your side, and it costs you no more than one firm would. The firm leading it day to day handles workplace injury cases in the state where you work, and it's your first call for questions about the case. Our firm stays responsible for your case with them for as long as it lasts: we check in often, keep our own calendar of its deadlines, and we're who you write to if something doesn't feel right.

Workers' compensation benefits work differently. The lawyer who represents you before the state's workers' compensation board is paid a fee the board sets, out of your award, and we don't take any part of it. If benefits are all your case involves, we'll tell you that plainly and where to start, including the free help the board itself offers injured workers.

You decide whether to go ahead, and nothing happens until you say yes.

How it works, step by stepHow fees work, and how they are shared

Problems we often hear about

What helps to have ready

  • The date, place and a short description of how you were hurt or became sick.
  • Your employer's name, and the name of the company that controlled the site, if different.
  • Whether you reported the injury, to whom, and when.
  • Any claim number and letters from the workers' compensation insurer or state agency.
  • The names of the doctors and hospitals that treated you.
  • Photos of the scene, the equipment or your injuries, and names of coworkers who saw it.
  • Recent pay stubs, so your usual earnings can be worked out.

Questions people ask

Can I sue my employer?

Usually not. In exchange for paying benefits without anyone having to prove fault, workers' compensation generally replaces a lawsuit against your own employer. There are narrow exceptions that vary by state, and a claim against someone else is different.

I was paid in cash, or I am not sure I was an employee. Can I still ask?

Yes. Whether you count as an employee depends on how the work was actually done, not only on what you were called or how you were paid. Your immigration status doesn't stop you from asking us, and in many states it doesn't stop a workers' compensation claim either, though the rules vary.

What does it cost?

It costs nothing to ask. In New York and many other states, a workers' compensation lawyer's fee is set or approved by the state agency and taken out of your award, so you don't pay it yourself, and we don't share in it. A claim against someone other than your employer is usually handled on a contingency fee, a share of any recovery. That's the fee the two firms divide, and it's no more than one firm would charge.

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.