Brooklyn Work Injury and Workers’ Compensation Lawyers

No matter where you work, you expect your employer to keep you safe from serious injuries and illnesses. Unfortunately, workplace injuries are all too common in New York, with an incident rate of around 2.2 cases for every 100 employees.

You’re likely eligible for workers’ compensation if you suffer an injury or illness while on the job. But the workers’ comp process isn’t always straightforward. Our Brooklyn workers’ compensation lawyers at Pyrros, Serres & Rupwani are here to guide you through your claim and improve your chances of securing adequate compensation. 

We’ll begin with a free case evaluation to discuss your workplace accident and explain how we can help. Call us today at 718-626-7730 to schedule your case evaluation.  

Common Workplace Injuries in Brooklyn 

Work-related injuries or illnesses can happen in any industry, but construction and extraction occupations see more workplace accidents than any other industry in New York. Common examples of workplace injuries in any occupation include: 

• Falls, slips, and trips
• Overexertion
• Contact with objects and equipment
• Burns
• Repetitive motion strains
• Cuts
• Sprains, strains, and tears

Some workplace injuries tend to be more severe than others. According to the Bureau of Labor Statistics, the following injuries are the leading causes of workplace fatalities in New York City:

• Exposure to harmful substances or environments
• Falls, slips, and trips
• Violence and other injuries by people or animals
• Contact with equipment and objects

In 2021, 70 people died from workplace injuries in New York City. Over 125,000 non-fatal workplace injuries occurred across New York State during the same year. 

Who Is Eligible for Workers’ Compensation in New York? 

If your injury happened at work or while fulfilling your job duties, you probably qualify for workers’ compensation benefits. 

The New York Workers’ Compensation Board requires virtually all employers to provide workers’ comp benefits to their employees. Your employer is legally required to post notice of their workers’ comp benefits within their business. 

You may qualify for workers’ compensation regardless of whose fault the injury was. Even if you tripped over your own two feet or fell out of your office chair, you’ll likely qualify for benefits. 

Below are a few cases in which you may not qualify for workers’ compensation:

• You are a contract or freelance worker. In this case, your employer may not be legally required to offer you workers’ comp benefits. 
• The accident happened outside your job duties. If you were goofing around at work or doing something dangerous that wasn’t required in your job duties, your employer may try to deny your claim. In many cases, however, these types of injuries may still qualify for workers’ comp. 
• You missed the deadline. You must formally notify your employer of your injury within 30 days of its occurrence. If you miss this deadline, you may not be eligible for benefits. 
• You were working and supervised outside of New York when the injury happened. In this case, you may need to file your claim in the state you were working in. 

Your workers’ compensation lawyers in Brooklyn can evaluate the circumstances of your injury and help you understand whether you qualify for workers’ comp. 

How To File a Workers’ Compensation Claim 

You can file a claim for workers’ compensation benefits by submitting the C-3 employee claim form to the New York Workers’ Compensation Board. The form will ask for details about:

• Your contact information
• Your employer’s name and address
• Your job title 
• Your job duties
• Your pay rate
• The details surrounding the injury
• Whether you reported the injury to your employer
• The nature of the injury
• Whether you lost time from work

Your employer is responsible for alerting their insurance carrier about your workers’ compensation claim. You can expect the insurance carrier to provide you with a Statement of Benefits within 14 days of your employer notifying them. Then, if the insurance carrier approves your claim, you should see your first benefit payment within 18 days of the accident. 

How Can a Workers’ Compensation Attorney Assist You? 

Workers’ compensation claims aren’t always as straightforward as they sound. Sometimes, insurance companies deny claims for no good reason. Your employer may refuse to comply with the workers’ comp process, denying that your injury happened at work. You may also wonder whether you should file for workers’ compensation or seek compensation in another way, such as a personal injury lawsuit. 

Hiring a Brooklyn workers’ compensation lawyer to assist you is a good idea for all of these reasons and more. Your attorney can help you in all the following ways:

• Determine your eligibility for workers’ compensation
• Help you file your claim and include all the necessary information
• Break down the workers’ compensation law
• Communicate with your employer and the insurance company on your behalf
• Appeal claim denials 
• Advise you about suing a third party for additional compensation
• Handle your claim while you focus on your recovery
• Seek the maximum benefits for your injury or illness

Rely on Pyrros, Serres & Rupwani – Workers’ Compensation Attorneys

At Pyrros, Serres & Rupwani, we have represented numerous injured workers across Brooklyn and the greater New York City area. We’ll provide personalized, knowledgeable legal guidance to help you secure adequate compensation and move forward from your injuries. 

Call us today at 718-626-7730 or text us at 646-902-4588 for your free case evaluation. Then check out our recent blog post for more on identifying a work-related injury. 

Frequently Asked Questions

What is the statute of limitations for workers’ compensation in New York?

The statute of limitations is two years from the date of your injury. Failing to file by this deadline may prevent you from securing benefits. 

What is the penalty for not having workers’ comp insurance in NY? 

Employers who are required to offer workers’ comp benefits but fail to provide this coverage may face a fine of $1,000 for every 10 days of non-compliance. 

Do you need a workers’ compensation attorney? 

You may need a workers’ compensation attorney if you’re unfamiliar with the claims process, your employer isn’t cooperating, the insurance carrier has denied your claim or you simply need legal advice. Brooklyn workers’ compensation lawyers can guide you through the workers’ comp process and seek the maximum compensation on your behalf.