Filing a workers' comp claim can feel pretty overwhelming—especially if you’re trying to do it all on your own. Even though hiring a workers' comp lawyer usually doesn’t cost anything upfront and can help you get a bigger payout, a lot of people still try to go it solo.
Let’s talk about the real risks of handling a claim without legal help—and why having a lawyer in your corner can make a big difference in how things turn out.
One of the first tough truths about handling your workers’ comp claim on your own? You probably don’t know the system as well as you think. Sure, it’s not rocket science—but it is complicated, with a lot of little rules and details that aren’t always obvious. Watching a few YouTube videos or reading some articles might help, but it’s not the same as knowing how to actually deal with the insurance company—especially if they push back on your claim.
A lot of people show up to court unprepared, venting to the judge about how awful their boss is or how badly they were treated. The problem? That kind of emotional approach usually backfires. Judges don’t make decisions based on feelings—they look at the facts and the legal stuff that actually matters to the case. If you don’t know what info really moves the needle, you could end up losing your claim, even if you truly deserve the benefits.
Here’s another tough truth: most injured workers don’t actually know all their rights—and that lack of info can end up costing them a lot of money. For example, did you know you can get reimbursed for travel to and from your doctor’s appointments? A lot of people don’t.
Even more serious—undocumented workers or folks paid under the table often think they’re not eligible for workers’ comp at all. That’s just not true, and believing that can mean walking away from serious cash.
Take one of my clients, for example—she worked for a New York company but got hurt while on a job out of state. At first, she didn’t think she could file a claim and almost let it go. But after talking it through, she filed and got a $47,000 offer from the insurance company. The thing is, based on her injury and what she was making, I knew that wasn’t nearly enough. We pushed back and ended up getting her around $120,000. That’s money she would’ve never seen if she hadn’t learned her rights and decided to take action.
Knowing your rights really can change everything.
Even if you’ve done your homework and have a decent idea of what you should be getting, dealing with the insurance company is a whole different battle. Without a lawyer, they’re probably gonna hit you with lowball offers—because they know most injured workers don’t fully understand what they’re entitled to or how the system really works.
Their move is to slowly increase their offers, just enough to make you think it’s getting better, but still way less than what your claim’s actually worth. And if you don’t know where the extra money is hiding or how to push for it, chances are you’ll end up settling for way less than you should.
Maybe the biggest risk of handling your claim on your own is losing it completely. Insurance companies have all kinds of tricks to get people to give up on their cases. One example? The New York Workers’ Comp Board might send you a notice saying there’s “No Further Action.” A lot of folks see that and think their case is closed—but that’s not what it means. It just means there’s nothing happening right now.
If you don’t know that, you might assume it’s over and miss out on a chance to get more compensation down the line. That’s exactly what the insurance company is hoping for.
The good news? There’s a super simple fix for all these challenges—and it won’t cost you anything upfront. By law, you can’t be charged for a consultation on a workers’ comp claim. And as of January 2023, New York State makes it even easier: you can hire a workers’ comp lawyer with zero money out of pocket. They only get paid if they win you more money—just 15% of whatever extra cash they get for you.
So let’s say you should be getting $10,000, but the insurance company’s only given you $5,000. A lawyer can go after the other $5,000—and they’d only take 15% of that part, not the full amount. Bottom line: you get legal help without any upfront cost, and you usually end up with way more than you’d get on your own.
For more tips and updates on filing for New York workers' compensation, be sure to subscribe to my channel and turn on notifications. This is your go-to resource for everything you need to know to maximize your claim. You can also give me, Rex Zachofsky, a call at 212-406-8989.
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