Getting hurt on the job is hard enough without fighting an insurance company for the benefits you’ve already earned. At Maggiano, DiGirolamo & Lizzi, P.C., our Bronx workers’ compensation lawyers help you secure medical care and wage benefits and resolve disputes with insurers.
Whether you were hurt on a construction site, in a hospital, or while making deliveries, we’re here to help. Call our team at (212) 543-1600 to make sure your claim starts on the right foot.
How Does a Bronx Workers’ Comp Claim Start?
A New York workers’ comp claim starts with a written notice to your employer and a claim filed with the Workers’ Compensation Board. Within 30 days, tell your employer in writing when, where, and how you got hurt. Waiting longer can put your right to benefits at risk.
File Form C-3 With the Board
The Employee Claim, Form C-3, tells the Board about your injury. You must file it within two years of the accident, or within two years after you knew or should have known that a work-related illness came from your job. If you hurt the same body part before, the Board also requires a limited medical release.
Get Care From the Right Provider
Workers’ comp pays for medical care from authorized providers. Some employers’ insurers use preferred provider networks for certain services, so checking before you start treatment can prevent billing problems later.
I am delighted to provide this testimonial for Mr. DiGirolamo. His representation of me during my case was unflagging over its four-year duration. He kept me informed, and prepared for every eventuality as the case progressed.
He understood my fears and pain, and saw to it that Workmans Comp provided support for me until my civil case was settled. He prepared me substantially whenever necessary. I was very grateful for his understanding of the disastrous effect my accident had on every aspect of my life.
He was always supportive and kind personally, and totally professional. He reminded me to be realistic about the eventual outcome, and advised me as to the importance of my demeanor and attitude.
Everyone I came in contact with at the office was polite and helpful, in particular Marisol Suarez, Mr. DiGirolamo’s paralegal assistant. I will always be grateful for the way my case was handled.
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
What Happens After You File a Workers’ Comp Claim in New York?
After you file a workers’ comp claim, your employer and its insurer must report the injury and either begin paying benefits or contest the claim.
The key steps and their general timing:
| Step | Who Acts | General Timing |
| Written notice of injury | Injured worker | As soon as possible, within 30 days |
| Report to the insurer | Employer | Within 10 days when treatment goes beyond first aid, or the worker misses work |
| First payment or notice | Insurer | Within 14 days after the employer’s notice, or with the first check |
| Notice disputing the claim | Insurer | Within 18 days after disability begins or 10 days after learning of the injury, whichever is later |
| Employee Claim (Form C-3) | Injured worker | As soon as possible, within two years |
These deadlines matter because a late or missing step can delay or derail benefits. Our Bronx workers’ compensation lawyers track them for our clients from the first day.
Tracking Your Case Online
The Board lets injured workers follow their claims through its online case system. Checking it regularly helps you spot missing medical reports, scheduled hearings, and decisions before they become problems.
When the Insurer Disputes Your Claim
Insurers sometimes argue that an injury didn’t happen at work, that a prior condition caused it, or that the worker gave notice too late. A disputed claim goes before a Workers’ Compensation Law Judge, who hears testimony and medical evidence.
Your Bronx workers’ comp attorney prepares the evidence and represents you at those hearings.
What Benefits Does New York Workers’ Comp Pay?
New York workers’ comp pays for your medical care and part of your lost wages, but it doesn’t pay for pain and suffering. The benefits you receive depend on how badly you’re hurt and how long you’re out of work.
Benefits generally include:
- Medical treatment, medication, and equipment related to the injury.
- Weekly cash benefits based on a share of your average weekly wage.
- Schedule loss of use awards for lasting damage to certain body parts.
- Ongoing benefits for permanent partial or permanent total disability.
- Death benefits for dependents when a worker dies from a job injury.
Each benefit follows its own rules and formulas. Insurers often calculate them too low, especially when an average weekly wage figure leaves out overtime, second jobs, or other earnings.
Your Average Weekly Wage
Cash benefits depend on your average weekly wage, so the number matters a great deal. Overtime, bonuses, and wages from a second job can count toward it in many cases. Your Bronx workers’ comp lawyer gathers pay records from every source to make sure the insurer uses the right figure.
Returning to Work
Many injured workers go back on light duty or at reduced hours before they’ve fully healed. New York workers’ comp may pay partial benefits when an injury keeps you from earning what you did before. Keep every work restriction from your doctor in writing.
Independent Medical Exams
The insurer can send you to a doctor it chooses for an independent medical exam. That doctor’s opinion often drives decisions about cutting or reducing benefits. Our Bronx workers’ comp attorneys prepare clients for these exams and challenge reports that don’t match the treating doctors’ findings.
Benefits for Families After a Fatal Injury
When a worker dies from a job injury, New York workers’ comp pays death benefits to eligible dependents, such as a spouse and minor children, along with funeral expenses. Families may also have a separate wrongful death claim against an outside party that caused the accident.
Section 32 Settlements
Some claims end with a lump-sum agreement, often called a Section 32 settlement. These agreements can close future rights to benefits, so workers should understand exactly what they’re giving up before signing.
Does Workers’ Comp Cover Illnesses and Repetitive Injuries?
New York workers’ comp covers occupational illnesses and injuries that develop over time, not just sudden accidents. Carpal tunnel from repetitive tasks, hearing loss from loud equipment, back damage from years of lifting, and lung conditions from dust or fumes can all qualify.
For an illness caused by the job, the two-year filing period usually runs from the date of disablement or when you knew, or should have known, that the condition came from your work, whichever is later. Many workers miss that moment because the symptoms build slowly.
These claims depend on medical opinions tying the condition to job duties. Job descriptions, coworker statements, and records of exposure help show the connection insurers often dispute.
Verdicts and Settlements
$300,000 - Fall From Elevated Planking
Settlement in the case of a 62 year old electrician’s helper who died after falling from loose planking at a height of 22 feet in a boiler room at an apartment complex.
$3,200,000 - Fall From Building
A 35 year old iron worker fell from a steel frame building under construction due to the failure of the general contractor to provide a safe workplace, which included supervision for the use of safety equipment and guide wires.
$800,000 - Workplace Safety
To an electrician who suffered flash burns when he plugged in a meter to read the electric usage of a shopping mall tenant.
Can You Sue Someone Other Than Your Employer After a Workplace Injury?
While workers’ compensation generally prevents you from suing your employer, you may have a separate claim against someone else who caused your injury. That could include a property owner, general contractor, or negligent driver. Unlike workers’ comp, these lawsuits can provide compensation for pain and suffering.
Construction Site Injuries
New York’s Labor Law gives construction workers extra protection, especially in falls from heights and accidents caused by safety violations. Our Bronx construction accident attorneys handle those claims alongside the comp case.
The Grave Injury Exception
New York generally bars injured workers from suing their own employer. A narrow exception allows a third party to bring a claim against the employer when a worker suffers a “grave injury,” such as certain amputations, total permanent blindness, or severe brain injury. In those cases, a third party that the worker sues can bring the employer into the lawsuit.
Common Mistakes That Hurt Bronx Workers’ Comp Claims
Even small mistakes can delay your benefits, weaken your claim, or make it harder to get the medical care you need. New York’s workers’ compensation system has strict reporting rules and deadlines, and insurers may use missing records or gaps in treatment to question your injury.
Some of the most common mistakes include:
- Verbally telling a supervisor about the injury, with nothing in writing.
- Waiting to see a doctor or failing to mention that the injury happened at work.
- Missing scheduled exams or hearings.
- Returning to full duty too soon without a doctor’s clearance.
- Signing a settlement without understanding which rights it closes.
These mistakes don’t always mean you’ll lose your benefits, but fixing them later can take time and effort. A Bronx workers’ compensation lawyer can help you avoid problems early, keep your records in order, and respond when an insurer challenges your claim.
How Long Do Bronx Workers’ Comp Cases Take?
Many New York workers’ comp claims resolve without a hearing, and the Board has said it strives to resolve most cases within 90 days, according to its claimant information packet. Disputed claims and serious injuries can take much longer, especially when decisions about permanent disability depend on recovery.
Benefits While a Dispute Is Pending
When an insurer contests a claim, it may hold back benefits until a judge decides the issue. Health insurance or disability benefits may help fill the gap in the meantime, and we work to move disputed claims forward as quickly as the process allows.
Why Bronx Workers Choose Our Team
A workplace injury can threaten your income, your health, and your ability to return to work. At Maggiano, DiGirolamo & Lizzi, P.C., we look at the bigger picture. Our attorneys handle workers’ compensation disputes while also investigating whether another party may owe you damages beyond your benefits.
From our office at 930 Grand Concourse, Suite 1A, we help Bronx workers stand up to insurers and protect their financial futures.
Here’s why clients trust our lawyers:
- Christopher DiGirolamo earned recognition among the National Trial Lawyers’ Top 25 workers’ compensation trial lawyers.
- Our firm has recovered more than $300 million for injured clients.
- We handle injury cases on a contingency fee basis.
- You can reach our team 24/7 when questions or problems arise.
A denied benefit, delayed payment, or disputed medical treatment can put your recovery at risk. You shouldn’t have to fight those battles alone. Call (212) 543-1600 to speak with our New York team about your claim.
FAQs: Bronx Workers’ Compensation Lawyer
Can I choose my own doctor for a New York workers' comp claim?
Injured workers in New York can generally choose an authorized provider for treatment, though an employer’s insurer may require certain services through a preferred provider network. Checking authorization before treatment helps avoid unpaid bills.
What if my employer says I was an independent contractor?
Calling a worker an independent contractor doesn’t decide whether they’re covered by New York workers’ comp. The Board looks at the real working relationship, including who controlled the work, and many workers labeled contractors still qualify.
Can I get workers' comp if I'm paid in cash?
A worker paid in cash can still qualify for New York workers’ comp. Proving wages may take more work, so pay records, texts, schedules, and coworker statements can help establish what you earned.
What happens if my employer doesn’t have workers' comp insurance?
If your employer doesn’t have workers’ comp insurance, you may still receive benefits through New York’s Uninsured Employers Fund, and the employer can face penalties and, in some cases, a lawsuit. New York requires most employers to carry workers’ comp coverage.
Can my employer fire me for filing a workers' comp claim in New York?
New York law prohibits employers from firing or discriminating against workers for filing a workers’ comp claim or testifying in a comp proceeding. Retaliation complaints follow their own process, so tell your Bronx workers’ compensation lawyer right away if you face punishment after reporting an injury.
Your Paycheck, Your Health, Your Rights
A job injury shouldn’t leave you choosing between your health and your rent. Maggiano, DiGirolamo & Lizzi, P.C. fights for the benefits you’ve earned and for any additional claim your injury supports.
We’ll explain each step in plain language, prepare you for every exam and hearing, and keep pressing until the insurer pays what the law requires.
Call (212) 543-1600 or complete our online form to get started.
Bronx Office
Maggiano, DiGirolamo & Lizzi, P.C.
930 Grand Concourse, Suite 1A
Bronx, NY 10451
Phone: (212) 543-1600
