What to Do After an Injury at Work in New York?

If you were injured on the job in New York, your health and paycheck are on the line. At Hecht, Kleeger & Damashek, P.C. (HKD), our experienced and highly successful work-injury & construction accident lawyers have helped thousands of workers navigate the aftermath of serious job-site accidents, recovering more than $825 million for injured New Yorkers, including a $20 million settlement for a union laborer injured in a Brooklyn scaffold collapse.

Hurt on the Job in NYC? Here’s Exactly What to Do Next

Whether you’re a union tradesperson, delivery driver, or on-site contractor, this step-by-step guide walks you through exactly what to do after a workplace injury to protect your rights, build your case, and get compensated.

1. Report your Injury within 30 days (Workers’ Comp Law § 18)

Even if your supervisor saw the accident happen, that’s not enough. Under NY law, you must provide formal notice of the injury within 30 days of the incident, preferably in writing.

A text, email, or accident report signed and dated by your employer creates a time-stamped record that proves you complied with Workers’ Comp Law § 18. If you miss this window, your comp claim could be denied, even if the injury was serious and work-related.

Keep a screenshot or photo of the message you sent. Forward it to your attorney.

2. Call 911 or Go to the ER: Tell Them it was Work-Related

Never try to “tough it out” or wait until the next day. Delays in treatment can hurt your health and your claim. Tell EMTs and ER staff your injury happened on the job, so it gets noted in your chart, linking the injury directly to your workplace. This documentation helps you avoid disputes when insurers claim your injury happened “off the clock.”

Request a copy of your ER discharge paperwork at the time of treatment.

3. Photograph the Site & Equipment

On NYC job sites, cleanup crews, subcontractors, or even site supervisors may move, alter, or fix the hazardous condition within hours. That means crucial evidence disappears. Use your phone to take photos or video of:

• The location from multiple angles
• Any defective equipment, tools, or PPE
• Weather conditions, lighting, signage (or lack of it)
• Your visible injuries

Turn on the timestamp in your camera settings if possible.

4. Identify Witnesses: Coworkers, Union Stewards, Foremen

Statements from neutral coworkers—or even union stewards—can bolster your version of events, especially when a supervisor or insurer disputes it. Ask for their names, job titles, and contact info. If a foreman or project manager admitted something at the scene (“Yeah, that guardrail’s been loose for weeks”), that’s helpful.

Don’t pressure anyone to go on the record. Document who was there and let your lawyer follow up.

5. File Form C-3 with the NY Workers’ Compensation Board

Form C-3 is your official application for Workers’ Compensation benefits. While you technically have up to 2 years to file, waiting even a few weeks can delay your medical care and wage replacement. Filing early lets your lawyer monitor the carrier’s responses, dispute lowball classifications (like “mild strain”), and protect your rights under NY WCL § 13 and § 29.

Don’t guess on the form. HKD helps injured workers complete C-3s properly.

6. Save All Records: Medical Bills, Pay Stubs, ETC

Keep everything related to your injury, including:

• Hospital bills and visit summaries
• Prescription receipts
• Pay stubs, W-2s, and job-site schedules
• Photos of broken equipment, ripped clothing, and PPE
• Uber receipts or mileage logs for medical appointments

These documents are critical to proving lost income, pain and suffering, and long-term damages, especially in third-party lawsuits.

7. Do Not Speak to Insurers Until You Have a Lawyer

Insurance adjusters, even your own Workers’ Comp carrier, are trained to minimize payouts and look for reasons to deny coverage. They may ask for a “quick recorded statement” or offer a premature settlement.

Don’t take the bait. Any statement you make can be used against you later, especially if it downplays your symptoms or fails to mention a second injury site.

If you’ve already spoken to someone, tell your attorney immediately to get ahead of any issues.

NYC Workplace Injury Risks: Where & Why They Happen

In New York City, serious workplace injuries aren’t rare; they’re routine. According to city data and OSHA reports, a worker is seriously injured in the five boroughs every 44 minutes. While job sites across industries are impacted, certain NYC locations carry exceptionally high risk due to their complexity, scale, and pace.

NYC Job Site Hotspots

Here are just a few of the NYC work zones where injuries regularly occur:

• Hudson Yards – Cranes, steel erection, and glass-panel hoisting make this Midtown West mega-development a frequent source of fall-related injuries. Workers face elevation risks daily, often without proper fall protection, harnesses, or tie-off systems.
• Brooklyn Navy Yard – Aging buildings, overlapping trades, and redevelopment of historic industrial zones contribute to high electrical, slip, and crush injury rates, especially among electricians, plumbers, and HVAC techs.
• JFK Terminal 8 – Airport construction and logistics operations involve fast-moving vehicles, ground-support equipment, tugs, and loaders. Vehicle-pedestrian accidents, struck-by incidents, and backover injuries are common.

These injuries are not just bad luck. They often result directly from unsafe conditions, rushed timelines, poor subcontractor coordination, or violated safety codes. In many cases, they’re 100% preventable.

At HKD, our NYC injury lawyers investigate construction and job site failures across all New York’s boroughs to secure max compensation for victims and hold negligent parties accountable.

What to Do in the First 24 Hours After a Work Injury

The first 24 hours after an injury are critical. What you do—or don’t do—can directly affect your ability to receive compensation. Insurance carriers, employers, and defense attorneys look closely at early documentation. Here’s how to protect your rights from day one:

Workers’ Comp vs. Lawsuit: Injured Workers May Be Eligible for Both

After a job-related injury, most New York workers start with a Workers’ Compensation claim, and for good reason. Workers’ Comp is a no-fault system that provides immediate benefits, including:

• Medical treatment
• Partial wage replacement (usually ⅔ of your average weekly wage)
• Travel reimbursement
• Scheduled Loss of Use (SLU) awards for permanent damage to limbs or senses

But Workers’ Comp is limited. It does not pay for your pain and suffering. It does not cover full lost wages. It does not compensate for long-term disability, loss of enjoyment of life, or future career loss.

If someone other than your employer contributed to your injury, New York law allows you to file a lawsuit against that third party in addition to collecting Workers’ Comp. This is especially common in construction accidents, where general contractors, subcontractors, property owners, or equipment manufacturers may all share responsibility.

When Is a Third-Party Work Injury Lawsuit Possible?

You may have a third-party claim if:

• The job site was managed by a general contractor or property owner who failed to provide a safe work environment
• A subcontractor on-site caused the hazard that injured you
• You were injured due to faulty equipment or tools (e.g., defective ladders, harnesses, or machinery)
• A driver or vehicle not employed by your company caused the accident

Imagine a union bricklayer tragically falls from a scaffold at a Midtown job site. While Workers’ Comp would likely cover his medical bills and partial wages, an experienced injury lawyer can help him file a third-party lawsuit against the general contractor and property owner under Labor Law § 240 for failing to provide proper fall protection. This opens the door to full compensation for pain and suffering, lost future income, disability, and more.

Your Rights as an Injured Worker in New York

New York law gives injured workers broad protections and clear legal rights, regardless of immigration status, union membership, or how long you’ve been on the job. Understanding these rights is the first step to protecting yourself and getting compensation.

You Have the Right To:

• File a Workers’ Compensation claim, even if the injury was partly your fault
• Receive paid medical treatment from a Board-authorized provider of your choice
• Receive partial wage replacement if you’re unable to work
• File a third-party lawsuit if someone other than your employer caused the injury
• Refuse unsafe work without being fired (OSHA and Labor Law § 200 protections)
• Challenge any denial or delay in benefits, treatment, or classification
• Consult an attorney at no upfront cost. HKD works on a contingency basis

You’re also protected from retaliation. Your employer cannot legally fire, demote, or punish you for reporting a work-related injury or filing a claim.

What If a Fatal Work Accident Occurs?

If you lost a loved one in a fatal work accident, you may be entitled to death benefits through Workers’ Compensation and may also file a wrongful death lawsuit if third-party negligence played a role.

Family members—usually a spouse, child, or parent- can recover funeral costs, lost household income, and emotional and financial loss compensation. HKD immediately investigates the cause of death, preserves all records, and files all legal claims on your behalf during this devastating time.

Injured While Working for the MTA or a City Agency?

You may have a valid third-party claim if you were hurt while working for, or because of, a city or state agency, such as the MTA, NYCHA, DEP, or DOT. However, strict rules apply. Under General Municipal Law § 50-e, you must file a Notice of Claim within 90 days of the incident to preserve your right to sue.

What to Do If Workers’ Comp Is Denied

Workers Comp insurance carriers often deny valid claims by alleging pre-existing conditions, off-the-job causes, or “insufficient evidence.”

If your Workers’ Comp claim is denied, you can request a hearing before a Workers’ Compensation Law Judge (WCLJ). Never accept a denial without speaking to an experienced attorney first.

Mistakes That Could Hurt a NY Work Injury Claim

When you’re hurt on the job in New York, what you don’t do can be just as damaging as the injury itself. Even well-meaning workers can unknowingly make mistakes that allow insurance companies and employers to deny or undervalue their claims.

Here are some of the most common pitfalls to avoid:

• Delaying notification to your employer – Under Workers’ Comp Law § 18, waiting too long can sink your claim entirely. Even if it seems minor, report it immediately in writing.
• Using the wrong doctor – You must see a Board-authorized medical provider for treatment to be covered. Choosing your family doctor or walk-in clinic could cost you benefits.
• Ignoring prescribed restrictions – Returning to work too early or skipping follow-up care gives insurers ammo to say you’ve recovered.
• Posting publicly on social media – Photos, check-ins, or status updates—even harmless ones—can be twisted to dispute your injury.
• Talking to insurance adjusters alone – They’re trained to get you to downplay symptoms or admit fault. Never give a recorded statement without legal advice.

Remember, the insurance company – even your employer’s – is not your friend. They’re looking for any reason not to pay. You’ll want to ensure your documentation is complete, and your attorney is looking out for your best, long-term interests.

Don’t Wait. After a Work Injury, Call HKD

Whether you fell from a scaffold, were struck by a forklift, or developed a chronic illness on the job, what you do next matters. New York’s deadlines are strict: you have just 30 days to report, 2 years to file a Comp claim, and sometimes only 90 days if a city agency is involved.

At Hecht, Kleeger & Damashek, P.C., experienced legal representation can be the difference between basic benefits and full compensation. Our team knows how to uncover every liable party, navigate complex claims, and fight for what you’re truly owed. With over $825 million recovered and a formidable reputation in and out of court, we can help if you’re hurt at work.

Call (212) 490-5700 or request a free, no-risk case evaluation. No Fees, Unless We Win.