On-the-Job Injuries

What Classifies as an On-the-Job Injury?

An on-the-job injury, also known as a workplace injury or occupational injury, is any physical harm, illness, or condition that arises out of or in the course of your employment. New York’s workers’ compensation system provides no-fault benefits to most employees injured at work, regardless of who was at fault. Additionally, if your injury was caused by the negligence of a third party (such as an equipment manufacturer, contractor, or property owner), you may have a separate personal injury lawsuit independent of your workers’ comp claim.

Common workplace injuries and circumstances include:

  • Construction site accidents, falls from scaffolding, ladders, or elevated surfaces (protected under New York Labor Law §240 and §241)
  • Forklift, machinery, and heavy equipment accidents
  • Repetitive stress injuries, carpal tunnel syndrome, back injuries from repeated lifting
  • Slip and fall accidents on job sites due to unsafe conditions
  • Exposure to toxic chemicals, asbestos, or hazardous substances causing occupational disease
  • Electrocution or burns in construction, electrical, or industrial work
  • Delivery driver and transportation injuries
  • Workplace violence or assault

On-the-Job Injury & Workers' Compensation Attorney in New York

Workplace injuries can happen in any industry, from construction sites and warehouses to offices and healthcare settings. If you have been hurt on the job in New York, you have legal rights and may be entitled to workers’ compensation benefits, third-party damages, or both. The Law Office of David R. Darvish, P.C. helps injured workers throughout New York City and New York State understand their options and fight for the full compensation they deserve

What to Bring When Contacting Our Law Office

Identification: Valid government-issued ID.

Employer Information: Your employer’s name, address, and workers’ compensation insurance details.

Incident Report: A copy of the internal injury report filed with your employer.

Medical Records: All documentation of your injury, treatments, diagnoses, and work restrictions.

Witness Information: Names and contact details of any coworkers or others who witnessed the incident.

Photographs: Photos of the injury site, equipment involved, and any safety violations.

Workers’ Compensation Correspondence: Any letters, forms, or decisions from the Workers’ Compensation Board or your employer’s insurer.

Wage Records: Pay stubs or other documentation of your earnings to support lost wage claims.

Expense Records: Receipts for medical costs, transportation, and other injury-related expenses.

What Should You Do After an On-the-Job Injury?

Report the Injury to Your Employer Immediately: You must notify your employer in writing within 30 days of the injury in New York. Failure to report promptly can jeopardize your workers’ compensation claim.

Seek Medical Attention: Get medical care right away. In New York, your employer’s workers’ compensation insurance may designate approved providers, use their network when possible, but do not delay treatment.

Document the Incident: Write a detailed account of how the injury occurred. Photograph the scene, the equipment involved, and any safety violations or hazardous conditions.

File a Workers’ Compensation Claim: Submit Form C-3 (Employee Claim) to the New York State Workers’ Compensation Board. There are strict deadlines, do not wait.

Track All Expenses and Lost Wages: Keep records of all medical bills, prescriptions, travel to appointments, and income lost due to your inability to work.

Evaluate Third-Party Liability: If your injury was caused by someone other than your employer, such as a negligent contractor, equipment manufacturer, or property owner, you may have an additional personal injury lawsuit that can significantly increase your recovery.

Contact a Workplace Injury Attorney: A knowledgeable workers’ compensation and personal injury attorney can ensure you receive all the benefits you are entitled to and identify any third-party claims available to you.

Why Hire the Law Office of David R. Darvish, P.C. for Your Workplace Injury Case?

Choosing the right attorney after a workplace injury incident can make a profound difference in the outcome of your case. At the Law Office of David R. Darvish, P.C., we bring over 20 years of experience practicing law in New York State, and we have the credentials, track record, and personal dedication to back it up.

Over Two Decades of New York Legal Experience

David R. Darvish, Lead Attorney, holds a JD from CUNY School of Law and has spent more than 20 years representing clients across personal injury, no-fault collections, and related practice areas throughout New York. His extensive background in both litigation and transactional matters means he understands how to fight effectively inside a courtroom and how to negotiate powerfully outside of one. David has been recognized by Super Lawyers as one of the top 5% of attorneys in New York State, a distinction earned by fewer than one in twenty practicing attorneys.

Personal Attention, Not a Case Number

David R. Darvish personally meets with clients to understand not only the legal facts of a case, but the full human story behind it, how an injury has impacted your finances, your family, your career, and your daily life. We believe that a strong attorney-client relationship built on trust and transparency is the foundation of effective legal advocacy.

Multilingual Services for New York’s Diverse Communities

New York is one of the most linguistically diverse places in the world, and we are proud to serve clients in their own language. Our office provides legal support in English, Spanish, Hebrew, Russian, Hindi, Persian (Farsi), and Mandarin, so no matter your background, you can communicate clearly and confidently with your legal team.

Conveniently Located Offices Across New York

With offices in Queens, Brooklyn, and Manhattan, the Law Office of David R. Darvish is accessible to clients throughout the New York metropolitan area. We understand that after an injury or legal crisis, traveling across the city can be a burden, which is why we strive to make working with us as convenient as possible.

No Fee Unless We Win

We handle workplace injury cases on a contingency fee basis. That means you pay nothing unless we recover compensation on your behalf. You should never have to worry about upfront legal fees when you’re already dealing with the stress of an injury or legal challenge.

Frequently Asked Questions — On-the-Job Injuries

Am I eligible for workers' compensation if I was injured at work in New York?
Most employees in New York are covered by workers’ compensation, including full-time, part-time, and seasonal workers. Independent contractors are generally not covered, but the classification of ’employee’ vs. ‘contractor’ is often disputed, and misclassification by employers is common. If you are unsure of your status, our attorneys can evaluate your situation.
In most cases, the workers’ compensation system is your exclusive remedy against your employer, meaning you cannot sue your employer directly for negligence. However, if a third party (such as a contractor, equipment manufacturer, or property owner) contributed to your injury, you can pursue a separate personal injury lawsuit against that party in addition to your workers’ comp claim.
New York workers’ compensation provides: (1) medical benefits covering all necessary treatment related to your workplace injury; (2) wage replacement benefits, typically two-thirds of your average weekly wage, subject to a state maximum; (3) permanent disability benefits if your injury results in lasting impairment; and (4) death benefits for dependents of workers killed on the job.
New York Labor Law §240, known as the Scaffold Law, provides special protection to construction workers injured in falls from heights or struck by falling objects. It imposes absolute liability on property owners and general contractors for such injuries, meaning they can be held liable regardless of the worker’s own negligence. This is one of the most powerful protections for construction workers in the country and can dramatically increase your recovery.
Retaliation for filing a workers’ compensation claim is illegal in New York. If your employer demotes you, cuts your hours, or terminates your employment in response to a legitimate claim, you have additional legal recourse. Contact our office immediately if you believe you are being retaliated against.