Why Injured Queens Workers May Need an Attorney
While filing a workers’ compensation claim may seem straightforward, it’s often more complex than people expect. Workers’ comp insurance companies may try to protect their bottom line and unfairly delay or deny your claim, leaving you to face physical and financial hardships on your own.
Insurers may minimize or avoid paying your workers’ compensation claim due to:
- Claiming your injury is connected to a pre-existing condition and did not occur while working
- Underestimating your lost wages calculations and paying less than you’re actually owed
- Denying permanent disability benefits due to missing documentation
With over 50 years of experience helping injured New Yorkers, our Queens workers’ compensation attorneys will carefully build your claim to avoid common errors that could lead to denials. We’re also familiar with insurer tactics and will push back against unfair treatment.
Your Rights Under New York Workers' Compensation Law
A work accident can be incredibly stressful, but New York law provides protections for injured workers. Depending on the unique details of your situation, you may be entitled to several essential benefits, including:
- Medical coverage: Pays for all reasonable and necessary treatment, including surgeries, doctor visits, physical therapy, medications, and medical devices
- Wage loss replacement: Replaces a portion of your lost wages, generally based on two-thirds of your average weekly wage, adjusted for your degree of disability and subject to the state maximum.
- Permanent disability benefits: Provides critical long-term financial relief if your injury causes a lasting impairment
- Vocational rehabilitation: Offers retraining programs if your injuries prevent you from returning to your previous job
- Family survivor benefits: Provides widow, widower, and dependent benefits to support families when a workplace fatality occurs
Third-Party Liability Claims Beyond Workers’ Compensation
Workers’ compensation is a no-fault system, and benefits are available to qualifying New York workers injured on the job. However, it also means injured workers cannot sue their employers—even if the employer’s negligence led to their injuries.
In some cases, a third party may have directly caused your injuries. For example:
- Defective equipment: Manufacturers of malfunctioning tools or scaffolding
- Subcontractor negligence: Other companies operating recklessly on your job site
- Motor vehicle accidents: Negligent drivers who hit you while you are driving for work
If you can prove that your injuries were a result of a third party’s negligence, you can take legal action, but navigating two legal claims can be overwhelming. While most firms handle one or the other, The Sanders Law Firm can handle both workers’ compensation and third-party lawsuits in-house. This approach can streamline the process and maximize your total recovery without the stress of dealing with two separate firms.
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
Common Queens Workplace Injuries Eligible for Workers’ Comp
Queens workers face a wide range of hazards across various industries. Although a workplace accident can happen to anyone in any position, some sectors and workers have a higher risk of injuries, such as:
- Healthcare workers: Medical professionals may suffer back injuries from patient handling, infections from exposure to illness, and repetitive strain from typing.
- Service sector: Restaurant cooks, cashiers, and servers often experience slip and fall injuries, kitchen burns, and repetitive injuries from food prep.
- Transportation and delivery: Drivers and warehouse staff can face serious lifting injuries, vehicle accidents, and chronic repetitive strain.
- Construction: Laborers, construction workers, and electricians risk severe falls, crush injuries, electrocution, and toxic exposure to asbestos.
- Manufacturing and warehousing: Workers in these industries commonly sustain machinery-related injuries, chemical exposure, and repetitive strain injuries from assembly lines.
The Queens Workers’ Compensation Claims Process
If you were hurt while working in Queens or anywhere else in New York City, you can file a workers’ compensation claim to access benefits that will support your recovery. These are the general steps of the claims process:
- Reporting the injury: You must report the injury to your employer and provide written notification within 30 days. Then, file an Employee Claim Form C-3.
- Employer requirements: Your employer generally must report the injury to the Workers’ Compensation Board and insurer within 10 days if you need treatment beyond first aid or miss more than one workday. The insurer must then provide a written Statement of Rights within 14 days, or with the first check if earlier.
- Medical care: Seek prompt treatment from an authorized provider who will document your injuries.
- Claim review and decision: The insurance carrier reviews your formal workers’ comp claim and approves or denies your benefits.
- Appeals process: If denied, your case enters a formal appeals process and goes through an administrative review.
- Resolution: Your attorney engages in settlement negotiations or proceeds to a final workers’ compensation hearing.
Statute of Limitations for Workers' Compensation Claims in New York
In New York, you generally have two years from the date of the workplace accident to file a formal workers’ compensation claim. However, there are additional deadlines and timeframes that may apply to your situation, including:
- Employer 30-Day notice: You need to notify your employer in writing within 30 days of the workplace accident. This is separate from the Form C-3 you file to initiate your workers’ comp claim.
- Occupational diseases: Illness or medical conditions caused by repetitive exposure, such as carpal tunnel or asbestos disease, may have a different timeline. The two-year clock begins when you knew, or should have known, the illness was work-related.
What Happens If Your Employer Doesn't Report Your Injury or Retaliates Against You
Worrying about your job after an injury is completely natural, but your employer has a strict legal obligation to report your accident. You are fully protected under New York Workers’ Compensation law, which makes it illegal for an employer to fire, demote, or retaliate against you for filing a claim.
If your employer refuses to report the injury or retaliates against you for filing a claim, you may have additional remedies under New York law, including a retaliation complaint through the Workers’ Compensation Board. You don’t have to suffer in silence or let intimidation affect your medical care and financial security.
How The Sanders Law Firm Handles Your Claim
Founded in 1967, The Sanders Law Firm is built on decades of refined legal skill and generational leadership. With billions recovered in case results for our clients, our attorneys stand up for working families. Our workers’ comp lawyers in Queens, NY, offer:
- Free consultation: We’re available 24/7 for a free case review with our multilingual staff.
- Comprehensive evaluation: We’ll gather crucial evidence to support your claim, including medical records, job duties, employer responses, and insurer communications.
- Claim preparation: Our team makes sure you have the proper documentation and all paperwork is complete.
- Negotiations: We demand the full value of your claim, and push back when you’re being treated unfairly.
- Trial-ready approach: Rather than rushing to settle, we’re not afraid to file appeals and go the distance to secure your benefits.
- No fee unless we win: There is no upfront cost to hire us, and you only pay us if we win your case.
Queens Workers’ Compensation FAQs
What if My Employer Says It Wasn’t a Work-Related Injury?
If your employer claims your injury is not work-related, you can still file a formal claim with the New York Workers’ Compensation Board to protect your rights. A judge, not your employer, makes the final decision based on medical evidence and witness testimony.
What if I Had a Pre-Existing Condition Before This Injury?
You may still be eligible for workers’ compensation benefits if your workplace accident aggravated, accelerated, or worsened your pre-existing condition. Consider speaking with a New York workers’ compensation attorney to guide you through the process.
What if I Can’t Return to My Old Job?
If your injury prevents you from returning to your old job, you may be eligible for permanent partial disability benefits and vocational rehabilitation programs to help retrain you for a new career path. Speak with an experienced workers’ comp lawyer at our Queens office to learn more.
Contact The Sanders Law Firm for Your Free Consultation
The Sanders Law Firm is where strength meets strategy. We’re built for the New York City legal landscape, offering aggressive representation, around-the-clock availability, a multilingual staff, and a legacy of results. After being injured at work, call (833) SANDERS or contact us online to schedule a free consultation with a Queens workers’ compensation lawyer.