New York State Workman's Compensation Frequently Asked Questions

With over 35 years of experience, we guide clients through the workers' comp process

Most of our lives are spent working to support ourselves and our families so when we experience an on-the-job injury that keeps us out of work, it can be a frightening experience. The good news is that workers' compensation is available for almost all workers and provides us with the means to pay our personal and medical bills. It is important for you to know that your boss cannot fire you or otherwise retaliate against you for filing a claim. If you need assistance, Severance, Burko, Spalter & Masone, PC is here to help you and answer your questions.


What is workers' compensation?

Under New York law, workers who are injured or become ill due to work conditions may qualify to receive compensation by filing a claim with their employer's workers' compensation insurance company. The worker must show that he or she was injured in the course of and within the scope of employment.


What kinds of work-related injuries are covered by workers' compensation?

Most personal injuries involving body parts such as your back, neck, shoulder, knee, head, hand, arm and legs are covered. An injury you had prior to employment may qualify if it was exacerbated or hastened due to working conditions. Occupational illnesses and diseases caused by your working environment resulting in cancer, heart attacks, strokes and lung problems are also covered.


What if my work injury was caused by someone unaffiliated with my employer?

You may still have the right to receive workers' compensation benefits, depending on the particular circumstances. In addition, you may have a "third party" claim against the party who caused your injuries. Our attorneys can help you explore your options and help you recover full compensation for your injuries.


What are the New York Medical Treatment Guidelines (MTGs)?

The MTGs were implemented by the New York Workers' Compensation Board and place caps on the amount of benefits injured workers can receive and the amount of time they can receive these benefits based on the extent of their injuries.


What if I return to work but am assigned to different duties as a result of my injuries and make less money?

If you have returned to work and are making less money because of your prior work-related injury, you may be able to recover "reduced earnings" benefits. An attorney can help you determine whether you qualify and how to proceed if you do.


Are workers' compensation benefits taxed?

Generally, no. Workers compensation benefits are not taxed by federal or state governments unless received in place of Social Security Disability or Railroad Retirement benefits.


Why should I hire an attorney from Severance, Burko, Spalter & Masone, PC?

Our compassionate lawyers have decades of combined experience handling claims involving employers, their insurance companies and the Workers' Compensation Board. We know what to expect and are able to prepare our clients for what's ahead.


Contact our offices for effective workers' compensation representation

At Severance, Burko, Spalter & Masone, PC we proudly represent working class and disabled persons in New York. We handle workman's comp claims from initial claims filing through settlement or judgment on a contingency fee basis, so you pay no attorney's fee unless we recover for you. Contact us today at our Brooklyn office Monday through Thursday from 9 am to 5 pm and on Friday from 9 am to 4:30 pm. Our Staten Island office is available by appointment.