Call Cellino Law today for a free workers’ compensation consultation. There are no fees unless we win.
What Workers' Compensation Covers
Workers’ compensation is a no-fault system — you do not need to prove your employer was negligent to receive benefits. The system covers injuries and occupational illnesses arising from workplace employment. Standard benefits across all three states include:
- Medical expenses for treatment of the work-related injury or illness
- Temporary disability benefits — wage replacement during the period you are unable to work
- Permanent partial disability benefits — compensation for lasting impairment that does not fully prevent work
- Permanent total disability benefits — compensation for injuries that prevent any gainful employment
- Death benefits for surviving spouses and dependents
Workers’ compensation does not cover pain and suffering, full wage replacement (typically limited to two-thirds of average weekly wages), or non-economic damages. When a third party contributed to the injury, a separate personal injury claim can recover these additional damages.
Workers' Compensation in New York, New Jersey, and Connecticut
All three states require most employers to carry workers’ compensation insurance. Each state maintains its own administrative framework with distinct procedures, deadlines, and benefit structures.
In New York, injured workers must notify their employer within 30 days of the injury and file a claim with the Workers’ Compensation Board. The 2024 legislative changes increased the minimum weekly benefit from $150 to $275, with further increases scheduled through 2026. Visit our New York page for full details on New York workers’ compensation procedures and benefit levels.
In New Jersey, injured workers must notify their employer promptly and file a claim petition with the New Jersey Division of Workers’ Compensation. Visit our New Jersey page for information on New Jersey workers’ compensation rules and timelines.
In Connecticut, injured workers must notify their employer within one year of the injury. Claims are administered through the Connecticut Workers’ Compensation Commission. Visit our Connecticut page for Connecticut-specific workers’ compensation information.
Workers’ comp claim denied or delayed? Contact Cellino Law for a free evaluation.
Common Reasons Workers' Compensation Claims Are Denied
- The employer or insurer disputes that the injury occurred at work or during employment
- Failure to report the injury to the employer within the required timeframe
- Missed filing deadlines
- The employer claims the injury was caused by the worker’s own intoxication or willful misconduct
- Dispute over the medical treatment recommended by the treating physician
- Disagreement over the extent of disability or permanent impairment
- Pre-existing condition disputes — the insurer attributes the injury to a prior condition rather than the workplace
When Workers' Compensation Isn't Enough: Third-Party Claims
Workers’ compensation bars direct lawsuits against employers in most circumstances, but does not bar claims against third parties who contributed to the injury. Common third-party defendants in workers’ compensation cases include:
- Equipment manufacturers — when a defective tool, machine, or piece of protective equipment caused or contributed to the injury
- Contractors and subcontractors — when workers from multiple employers interact on the same site
- Property owners — when the injury occurred on a property maintained by someone other than the employer
- Motor vehicle operators — when the injury occurred in a vehicle accident during employment
Third-party claims are filed separately from workers’ compensation and can recover the full range of personal injury damages — including pain and suffering — that workers’ comp does not provide. Cellino Law evaluates every workers’ compensation case for third-party claim potential from the outset.
What Compensation Is Available?
- Workers’ comp: medical expenses, temporary and permanent disability benefits, death benefits
- Third-party claims (additional recovery): full lost wages, pain and suffering, emotional distress, loss of enjoyment of life, future medical costs
How State Law Affects Workers' Compensation Claims
The rules governing workers’ compensation claims vary across New York, New Jersey, and Connecticut — including statutes of limitations, workers’ compensation rules, and specific liability statutes. Visit our New York page, our New Jersey page, or our Connecticut page for state-specific information, or contact Cellino Law directly for a free consultation.
Frequently Asked Questions About Workers' Compensation
Can I choose my own doctor for a workers' compensation claim?
The rules on treating physician choice vary by state. New York generally allows injured workers to choose an authorized workers’ compensation physician. New Jersey and Connecticut have their own rules that may limit initial physician selection. Cellino Law guides clients through the treating physician rules in their state to ensure they receive appropriate medical care while protecting their claim.
What if my employer does not carry workers' compensation insurance?
In all three states, employers are required by law to carry workers’ compensation insurance. If your employer fails to do so, alternative remedies are available — including claims against state uninsured employer funds in New York, or direct lawsuits against the uninsured employer. Contact Cellino Law immediately if you suspect your employer lacks the required coverage.
Does Cellino Law charge upfront fees for workers' compensation cases?
No. Cellino Law handles all workers’ compensation and related personal injury cases on a contingency fee basis. There are no upfront costs and no fees unless we win. Your initial consultation is free.
Contact Cellino Law for Workers' Compensation Representation Today
If you or a loved one has been injured at work anywhere in New York, New Jersey, or Connecticut, Cellino Law is ready to help you navigate the workers’ compensation system and pursue all available compensation. Call today for a free consultation. Visit our New York page, our New Jersey page, or our Connecticut page for state-specific information and office locations near you.
Call Cellino Law today for workers’ compensation representation you can trust. No fees unless we win.
