If you’ve been injured at work in New York, understanding your rights is crucial, and one of the most important is the right to legal representation. You are entitled to be represented by a qualified attorney or a licensed representative of your choosing to navigate the complexities of workers’ compensation law.
Finding the right legal professional can feel overwhelming when you’re also dealing with injury and recovery. Fortunately, resources are available to simplify this process. The New York State Bar Association and the Injured Workers’ Bar Association both offer online tools to help you locate a workers’ compensation lawyer in your vicinity. These platforms are invaluable in connecting injured workers with legal experts who can advocate for their rights.
It’s also important to know that in New York State, non-attorneys can be licensed to represent claimants in workers’ compensation cases. These licensed representatives undergo a rigorous examination to ensure they possess a thorough understanding of the Workers’ Compensation Law and the regulations set forth by the Workers’ Compensation Board. Whether you choose an attorney or a licensed representative, you can be assured of professional assistance.
Concerning legal fees, New York law provides protections for injured workers. Your attorney or licensed representative cannot bill you directly for their services. Instead, if your case results in a monetary award, your representative can petition the Board for a legal fee. This fee, if approved, is directly deducted from your award and paid to your legal representative by the insurance carrier. This system ensures you don’t have to pay out-of-pocket legal fees upfront.
For workers with “medical-only” cases, meaning cases that don’t involve lost wages or claims for permanent injury, free legal representation may be available through the Injured Workers Legal Assistance Project. This project ensures that even in cases focused solely on medical benefits, injured workers can access legal support.
Disclaimer:
Please note that the New York Workers’ Compensation Board does not endorse or recommend any specific lawyers or licensed representatives. Similarly, the Board does not endorse the Injured Workers’ Bar Association (IWBA), the New York State Bar Association (NYSBA), their affiliates, or any content found on their websites or attorney listings.
The Workers’ Compensation Board is not a lawyer referral service. Using the Board site, the IWBA site, or the NYSBA site does not establish any attorney-client or confidential relationship.
The WCB has not investigated the abilities of any listed attorney to handle legal matters and offers no warranties or representations regarding their competence.
It is essential to interview and thoroughly investigate the qualifications of any attorney or licensed representative before you decide to hire them to handle your workers’ compensation case.
