Workers' Compensation

New York enacted its workers’ compensation statute to address the inequities historically existing among employers and employees with regard to workplace injuries. The New York statute operates on the premise of a tradeoff. Employers assume all liability for injuries arising out of and in the course of employment, regardless of fault. Workers receive limited wage replacement benefits for their loss of earning capacity and are entitled to have all related and necessary medical costs paid. In exchange, employees are prohibited from bringing a lawsuit for personal injuries against their employer.

The City of New York is a self-insurer of its workers’ compensation obligations pertaining to all covered City employees. City employees are covered for workers’ compensation (with the exception of uniformed police officers, firefighters and uniformed sanitation workers). Also covered are all non-pedagogical employees of the Department of Education and all employees of the Health and Hospitals Corporation and the City University. The Workers’ Compensation Division administers the claims of all covered employees who are injured on the job or incur an occupational disease. The Division strives to provide employees with all medical and wage replacement benefits to which they are entitled, while objecting to and litigating any unwarranted claims.

The Division receives approximately 17,500 new claims annually, over 16,000 proposed scheduling orders, and in excess of 350,000 medical bills. The Division appears at over 15,000 hearings and handles over 3,000 depositions in lieu of trial testimony annually. The Division also obtains revenue recoveries from various sources, including State funds, lien satisfaction, and insurance arbitration.

What Experienced Attorneys Do

Experienced attorneys in the Workers’ Compensation Division will develop valuable litigation skills in an intimate, team-oriented, and horizontally managed setting. The Division administers all workers’ compensation claims from over 250,000 covered employees working for over 80 City agencies and related entities. Division attorneys primarily represent the City of New York and related entities before the New York State Workers’ Compensation Board, handling the full spectrum of claims brought by covered employees injured on the job.

Division attorneys appear regularly at administrative hearings and trials, conduct investigations, and perform legal research in evaluating the merits of workers’ compensation claims. Appearances in other forums based upon actions that arise from workers’ compensation claims may also be required. Division attorneys can expect to gain significant litigation experience, valuable trial and negotiation skills through the regular handling of high exposure claims, a broad range of medical knowledge through the regular review of medical records and cross-examination of expert witnesses, and excellent legal writing skills through regular appeals, rebuttals, and appellate briefs.

The Division seeks attorneys with litigation experience, excellent oral and written advocacy skills, and the ability to exercise sound judgment while managing a high-volume caseload in a fast-paced environment. Workers’ compensation or insurance defense knowledge is a plus. 

What New Attorneys Do

The Division represents City agencies in administrative hearings before the State Workers’ Compensation Board. Division attorneys assume substantial responsibility from the day they are employed. Division attorneys have the opportunity to perfect their trial skills and learn about a wide variety of medical issues. They acquire a broad range of litigation skills and obtain excellent experience by regularly cross-examining medical expert and fact witnesses. The Division’s trials involve nearly every conceivable medical condition, including work-related psychiatric diagnoses, respiratory ailments, heart conditions, and orthopedic conditions. Division attorneys also handle their own appeals and rebuttals to the Workers’ Compensation Board and the Appellate Division.

What Summer Interns Do

In the Workers' Compensation Division, interns will participate in all aspects of workers' compensation cases from inception to resolution. Interns will research alleged injuries and help construct the initial theory of the case. They will prepare witnesses for trial and accompany attorneys to the Workers' Compensation Board to hear testimony. They will also prepare memoranda of law to be submitted to the Board. Some interns will have the opportunity to attend arbitration hearings, negotiate settlements with opposing counsel, and conduct depositions under supervision.

Read the Law Department's Annual Reports for More Information about the Workers Compensation Division