(914) 385-4100, x 100

Frequently Asked Questions

About Worker's Compensation

Even if the insurance company has started paying benefits or even if the employer is continuing to pay salary, you should still file a claim with the Workers’ Compensation Board. Our office will expertly navigate you through the process.

The insurance company may be responsible for causally related medical treatment and weekly indemnity benefits while you are out of work. Hoffman, Wachtell & Rao will help you in determining whether you are receiving these proper benefits. Once you have completed your medical treatment, we will advise you regarding permanent disability and possibly further awards.

Should you wish to settle your case, our attorneys will explore this option with you and the insurance carrier.

Hurt on the Job

Call 914-385-4100, x 100 for a free consultation.
Our dedicated and experienced attorneys are here to help you.

Programe una consulta gratuita.

We have Spanish-speaking assistants available to assist you.

Tenemos asistentes que hablan español disponibles para ayudarle.

The following are commonly asked questions and answers that pertain to your workers’ compensation claim:

Why should Hoffman, Wachtell & Rao represent you on your workers’ compensation claim?

HWR will fight for your rights as an injured worker. Our experienced attorneys and dedicated legal assistants provide our clients with individual, caring and compassionate attention as we fight for the compensation and medical benefits that you deserve.

What is workers’ compensation insurance?

Workers’ compensation insurance is carried by employers to provide injured workers with compensation benefits for loss of wages and for medical expenses resulting from work-related injuries or occupational diseases.

Can my employer terminate me while I am out on disability?

There is nothing in the Workers’ Compensation Law which prevents termination as long as such termination is done in good faith and is not in retaliation for the filing of a workers’ compensation claim.

Can I receive workers’ compensation benefits if I am diagnosed with Covid-19?

Yes. You may receive workers’ compensation benefits in New York State due to COVID-19 exposure if proven that it was a work-related illness. Proof of a positive Covid-19 test or a medical report as well as information explaining the direct exposure must be provided.

Individuals who work in an environment where exposure risks are significantly higher are more likely to have successful Covid-19 claims such as employees who work closely with the public where COVID-19 exposure is documented, i.e., health care workers, first responders, transportation workers, corrections officers, and food service workers.

What happens if my doctor releases me to return to work at light duty but the employer does not have a light duty position available?

An employer may be obligated to provide light duty work by making reasonable accommodations if it does not unduly burden the employer. The employer is not required to and does not have to create a new light duty position for you. Being cleared to return to work at light duty may result in a reduction of benefits.

What is Labor Market Attachment?

If you are partially disabled and not working, you may be required to look for work within your medical restrictions and you must document your efforts. If there is no such job search or if the search is not sufficient, benefits can stop. It’s best to actually find alternative employment. We will help guide you through this process.

Does my employer have to continue paying for my health insurance while I am out on compensation?

No, but the employer must not suspend such payment in retaliation for the workers’ compensation claim. You may continue with your health insurance under COBRA.

Are workers’ compensation benefits taxable?


How much do attorneys charge for handling a workers’ compensation matter?

In all workers’ compensation cases, the client pays no attorney fee unless the client receives benefits. The fees are set by the Workers’ Compensation Board and are paid to the attorneys directly by the insurance company.

Can I move out of New York State and still collect workers’ compensation benefits?

Yes. All hearings are now virtual and all parties involved including you, the claimant, will be able to attend hearings virtually by telephone or by computer. However, it may be somewhat difficult to find workers’ compensation providers out of state.

Do I have to be a U. S. citizen to get workers’ compensation benefits?

No. All injured workers are treated the same.

What if I was working at different jobs at the time I injured?

Under certain circumstances, earnings from both employers can count towards establishing your earnings level. This is called concurrent employment. One aspect of our representation of clients is that technical legal issues, like concurrent employment, are handled expertly and quickly.

If I am receiving workers’ compensation benefits, can I return to work and keep the benefits?

Yes, under certain circumstances. If you return to work at reduced earnings, then workers’ compensation benefits can still be paid. This is called a reduced earnings award. Should you return at full pay, then your monetary benefits will stop. You must advise us immediately when you return to work.