Long Island Workers' Comp Lawyer

A Long Island workers’ compensation lawyer represents injured workers throughout Nassau and Suffolk Counties in claims before the New York Workers’ Compensation Board, with hearings held at the WCB Hauppauge District Office or virtually via WebEx. Long Island’s defining workers’ comp distinction is LIRR — operating personnel are covered by FELA, not workers’ compensation, and the difference is substantial.

LIRR cases are FELA, not WC. Get the framework right from day one.

TL;DR

• I represent injured workers throughout Nassau and Suffolk Counties — from Great Neck and Manhasset on the western edge through Hempstead, Mineola, Garden City, Westbury, Hicksville, Plainview, Levittown, Massapequa, Babylon, Bay Shore, Brentwood, Patchogue, Bohemia, Holbrook, Sayville, Bayport, Blue Point, Patchogue, Bellport, Mastic, Shirley, Center Moriches, East Moriches, Eastport, Westhampton, Hampton Bays, Southampton, Bridgehampton, East Hampton, Amagansett, Montauk on the eastern end, plus all of the Long Island Sound shore communities — Glen Cove, Sea Cliff, Oyster Bay, Cold Spring Harbor, Huntington, Northport, Smithtown, Stony Brook, Port Jefferson, Mount Sinai, Wading River, Riverhead, Mattituck, Cutchogue, Southold, Greenport.
• LIRR operating personnel injured at work are covered by the Federal Employers’ Liability Act (FELA), not workers’ compensation. This is fundamental — FELA cases are valued and procedurally handled completely differently.
• Other Long Island workers (Nassau and Suffolk County employees, town and village employees, healthcare workers, construction, food service, retail) fall under standard NY workers’ compensation.
• Hearings at WCB Hauppauge District Office or virtual via WebEx.

LIRR — FELA, not workers’ comp

The single most important distinction on this page: LIRR operating personnel injured on duty are covered by FELA, the Federal Employers’ Liability Act (45 U.S.C. §51 et seq.). FELA is:

• Fault-based — you must prove the railroad’s negligence
• Federal — typically filed in federal court, with federal procedural rules
• Uncapped — includes pain and suffering, lost future earnings, and other tort damages
• Substantially higher value than NY WC for comparable injuries

If you work for LIRR in an operating capacity — engineer, conductor, brakeman, track worker, signal maintainer, electrical worker, car inspector, ticket agent at certain stations — do not file a NY WC claim. File a FELA claim. The two are not interchangeable, and filing the wrong type can complicate the case significantly.

Non-operating LIRR personnel (administrative, certain support roles) may be covered by NY WC instead. The line is fact-specific.

There’s also a Railroad Retirement Board disability annuity that runs parallel to FELA for LIRR operating personnel — these are not mutually exclusive and the timing of when you apply for each matters.

Long Island county, town, and village employees

Nassau and Suffolk County employees, including county correction officers (yes — both counties operate jails), police officers (separate framework — not WC), Sheriff’s deputies, civilian county employees, parks staff, public works personnel, and others have their own GML §207-c-equivalent frameworks paralleling WC. The Nassau County Correctional Facility (East Meadow) and the Suffolk County Correctional Facilities (Riverhead, Yaphank) employ correction officers covered under §207-c, with parallel WC.

Town, village, and school district employees fall under standard WC. Police officers in the village police departments (e.g. Old Brookville, Lake Success) have their own §207-c frameworks.

For all of these civil service workers, NYSLERS PFRS or ERS disability retirement runs as a separate system to be coordinated. See Civil Service Disability Pensions.

Long Island healthcare

Major employer base:

• Northwell Health — the largest health system in NY, with multiple Long Island flagship hospitals: North Shore University Hospital (Manhasset), Long Island Jewish Medical Center (New Hyde Park, technically Queens/Nassau border), Huntington Hospital, Mather Hospital (Port Jefferson), Plainview Hospital, Syosset Hospital, Glen Cove Hospital, Phelps Hospital (Sleepy Hollow — Westchester technically), Lenox Hill (Manhattan), Staten Island UH
• Catholic Health — Good Samaritan University Hospital (West Islip), Mercy Medical Center (Rockville Centre), St. Charles Hospital (Port Jefferson), St. Joseph Hospital (Bethpage), St. Francis Hospital (Roslyn — cardiac specialty), St. Catherine of Siena (Smithtown)
• Stony Brook University Hospital — Stony Brook
• NYU Long Island — Mineola (formerly Winthrop)
• South Nassau Communities Hospital (now Mount Sinai South Nassau) — Oceanside

Substantial healthcare workforce. Patient handling, workplace violence, needlestick, PTSD claim mix similar to NYC HHC.

Long Island construction

Active residential and commercial construction across both counties. Labor Law §240/§241 third-party claim analysis applies to LI construction sites the same way it applies in NYC.

Long Island retail, hospitality, manufacturing

Substantial retail workforce (the Roosevelt Field Mall and dozens of smaller shopping centers), hospitality (Hamptons hospitality is a meaningful sub-industry, particularly seasonal), and manufacturing/industrial in the Hauppauge Industrial Park and the Suffolk County industrial corridor.

Long Island WCB district office logistics

The WCB Hauppauge District Office covers most of Long Island. Hearings since 2020 are virtual by default. The Hauppauge office handles a substantial volume of WC cases, with multiple WCLJs and case management staff familiar to Long Island practitioners.

What to do next

If you’re an LIRR employee — confirm whether your case is FELA or NY WC before filing anything. For all other Long Island injuries, run the Case Evaluator. Contact me directly.

Frequently asked questions

Why is LIRR different from other Long Island employers?

LIRR operating personnel — engineers, conductors, brakemen, track and signal workers — are covered by the Federal Employers’ Liability Act (FELA), not New York workers’ compensation. FELA cases are valued and procedurally handled completely differently. Filing the wrong type of claim is a serious mistake.

Where are Long Island hearings held?

The WCB Hauppauge District Office covers most of Long Island. Most hearings are virtual via WebEx.

Related pages

• MTA Workers (LIRR, Metro-North, NYCT, etc.)
• Civil Service Disability Pensions
• Construction-site injuries
• Westchester workers’ comp lawyer
• Queens workers’ comp lawyer