Injuries on the job can significantly impact your life. Your injuries may force you to take time off work for recovery, or you may never be able to return to work again.
The financial worries of lost income and medical bills can quickly become overwhelming. A Brooklyn Workers’ Compensation lawyer can help you manage the complex process of recovering the compensation you deserve.
At O’Connor Law, we believe workers deserve dedicated and compassionate legal service. The insurance company has a legal team, so why don‘t you? We have recovered millions in non-medical benefits for injured workers. Contact us today for a free consultation.
What Is Workers’ Compensation and What Does It Cover?
The state of New York has comprehensive Workers’ Compensation laws that protect both employers and their employees in the event of a job-related illness or injury.
In general, employers with one or more employees must carry Workers’ Compensation insurance, which provides financial compensation to injured employees. Workers’ Compensation insurance typically covers any illness or injury that is related to your job.
This can include repetitive stress injuries such as carpal tunnel syndrome or a rotator cuff tear, as well as single-event injuries like back injuries requiring surgery. Exposure to hazardous substances that cause occupational disease may also qualify for Workers’ Compensation.
Workers’ Compensation typically covers the following:
- Necessary medical costs to treat the injury or illness
- Temporary payments to replace lost wages while the employee receives treatment and recovers. Workers’ Compensation lost wages are based on the average of the 52 weeks prior to the date of the accident.
- Compensation for permanent effects or disability from the injury
- Death benefits/ survivor benefits
Disability benefits, such as temporary total disability or permanent partial disability, depend on your specific injuries and how they affect your ability to work. Our attorneys can determine the disability classifications that dictate potential benefits.
Limitations to Workers’ Compensation Benefits
Workers’ Compensation benefits have caps and do not last a lifetime for all clients. Consider the following limitations:
- If your injury causes you to miss fewer than seven days of work, you are not eligible for lost wage payments.
- Lost wage payments, whether for a temporary injury or a permanent disability, can be up to two–thirds of an employee‘s wages. As of July 2025, the maximum compensation you can receive is $1,222.42 per week for injuries from July 1, 2025, through June 30, 2026.
- For disability or permanent injury payments, there is typically a set length of time payments will be sent, which depends on the severity of the disability and other factors.
- Medically necessary treatment is typically covered for life for eligible workers; however, you generally can only see providers authorized by the NYS Workers’ Compensation Board.
- The amount of death benefits depends on the eligible surviving family member(s). Spouses or children receive lost wage payments, as described above, for a set amount of time. However, if there is no spouse or children, then parents (or an estate) are only eligible to receive a payment of $50,000.
Our Brooklyn, New York, Workers’ Compensation attorneys can help you understand these limitations and work to recover the benefits you are eligible for under New York law.
How Can a Brooklyn Workers’ Compensation Lawyer Help You?
In an ideal world, every Workers’ Compensation claim would settle quickly so injured workers get the help they need as soon as possible. An insurance company may try to give you less than you deserve, though. Our Workers’ Compensation lawyers in Brooklyn fight for you to get nothing less than the compensation that you are eligible for.
Our lawyers support you throughout the claims process to advocate for your rights. We handle the following:
- Filing the necessary forms promptly and correctly
- Communicating with insurers and the Board
- Gathering evidence to support your claim
- Negotiating for a fair settlement on your behalf
- Going through the appeals process after a denied claim
- Advising you on whether you should settle your Workers’ Compensation case when an offer is made
- If your claim is denied, a lawyer can request a hearing before the Workers’ Compensation Law Judge and present supplementary evidence.
With 35 years of combined experience and having handled thousands of cases, we bring professionalism and empathy to every client we represent. From keeping you updated on the status of your claim to addressing your concerns as soon as they come up, we are there for you every step of the way.
Brooklyn Workers' Compensation Lawyer Near Me (914) 595-4502
What Is the Process for Getting Workers’ Compensation in Brooklyn?
Injuries or illnesses can disrupt your day-to-day life and may leave you feeling disoriented or overwhelmed. Still, there are a few steps you and your lawyer will need to take to receive your Workers’ Compensation benefits.
Notify Your Employer
After an injury or illness occurs, you have 30 days to notify your employer of the injury. You should notify them in writing, so you have a chain of correspondence proving that you notified them.
When you initially notify them, provide as much information about your accident and injury or illness as possible. If you saw the doctor already and have an official diagnosis, include this information.
Seek Medical Care
If you have not seen a doctor, do so as soon as possible. A doctor will run diagnostic exams to assess the extent of your injuries. They will also come up with a treatment plan so that you are better prepared for your path to recovery.
File an Official Claim
Once you have notified your employer, you will need to file an official claim with your Workers’ Compensation insurance company. Your claim should include as much evidence to support your claim as possible. A Workers’ Compensation attorney in Brooklyn can help you file your claim with sufficient supporting details and evidence.
Under N.Y. Workers’ Comp. Law § 28, you typically only have two years in which you can file to recover Workers’ Compensation for an illness, injury, or death. Contact a Brooklyn Workers’ Compensation lawyer immediately following a job-related incident to get started on your claim right away.
Common Workplace Accidents Leading to Workers’ Compensation Claims
While a workplace injury can occur at any time and in any workplace, there are some accidents that are more common than others.
Some of these common workplace accidents include:
- Slips, trips, and falls
- A moving object striking a worker
- Being crushed or pressed by equipment
- Electrical shocks
- Collapsing structures, equipment, or materials
- Exposure to harmful substances
- Overexertion
- Fires
- Construction accidents
- Transportation accidents
There are ways to practice better safety in the workplace. Employers should follow best practices such as analyzing the workplace for possible hazards and ensuring they are addressed promptly, training employees in safety standards, and ensuring that the workplace complies with all safety standards.
Under New York Workers’ Compensation laws, a worker does not need to prove negligence or insufficient safety practices at their workplace to receive Workers’ Compensation benefits.
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What Our Workers’ Compensation Attorneys Can Do if Your Initial Claim Is Denied
Receiving a denial for your Workers’ Compensation claim doesn’t mean the process is over. There are steps you can take to appeal the decision, and our law firm can assist you in pursuing the benefits you’re entitled to.
Request a Hearing With a Workers’ Compensation Law Judge
The first step is to request a hearing to challenge the insurance company’s denial. At this stage, our attorneys can present all relevant evidence to support your claim.
This may include supplemental materials, such as updated medical documentation, statements from your treating physician, or additional evidence of how your injury impacts your ability to work.
We help prepare and organize this information, present it to the judge, and respond to arguments made by the insurance company during the hearing.
Appeal to a Workers’ Compensation Board Panel
If the judge upholds the original denial, the next step is to file an appeal with a panel of three Workers’ Compensation Board members. This review focuses on the evidence presented earlier and whether the judge’s decision was correct. We handle the appeal filing process and present arguments to the panel.
Request a Full Board Review
If the panel upholds the denial, we can request a review by the full Workers’ Compensation Board. This is a higher level of review that examines whether any legal mistakes were made in the earlier decisions. We prepare and submit all necessary materials for this step.
Why Choose a Workers’ Compensation Lawyer From O’Connor Law?
Experience, insight, and support make all the difference when choosing legal representation for a Workers’ Compensation case. At O’Connor Law, we offer our clients dedicated and personalized legal care.
Over 16 Years in Business and 35 Years of Combined Experience
For over 16 years, the firm has focused exclusively on Workers’ Compensation cases, building a deep understanding of the process and the challenges injured workers face.
With 35 years of combined experience, our team has handled thousands of cases, helping workers across a range of industries recover the benefits they deserve.
Millions Recovered Every Year for Injured Workers
Each year, the firm secures millions of dollars in non-medical benefits for injured workers. This track record reflects their commitment to helping clients receive the compensation they need to support themselves and their families while they recover.
Unique Insight Into Insurance Company Strategies
Our founding attorney’s prior experience working for insurance carriers provides valuable insight into how these companies approach Workers’ Compensation cases.
This perspective helps our team anticipate challenges and develop strategies to advocate effectively for clients.
A Woman-Owned, Multicultural Firm
O’Connor Law is a woman-owned firm with a diverse team that includes bilingual staff fluent in Spanish, Haitian Creole, Tagalog, and Cebuano.
This multicultural approach allows us to connect with and support clients from various backgrounds, ensuring they feel understood and informed throughout the process.
A Compassionate Team That Understands Family Life
Many of our team members are parents themselves, so we understand the challenges families face after a workplace injury. This perspective allows us to provide empathetic and practical support to clients who are balancing recovery with family responsibilities.
What to Know About Medical Treatment and Deadlines in a Workers’ Compensation Case
When you’re dealing with a work-related injury, there are important timelines and rules to keep in mind. These details can affect both your medical care and your ability to receive benefits.
Reaching Maximum Medical Improvement (MMI)
Maximum Medical Improvement (MMI) is when your doctor decides that your condition has stabilized and is unlikely to improve further with additional treatment.
This typically happens six to nine months after an injury or six months to a year following any related surgery. Once you reach MMI, your doctor will evaluate whether you have permanent impairments, which may impact your eligibility for benefits like a Schedule Loss of Use award.
Deadlines for Filing a Workers’ Compensation Claim
In New York, there’s a two-year statute of limitations to file a Workers’ Compensation claim. Unlike in other states, New York doesn’t follow the discovery rule.
There is an exception for occupational or repetitive stress injuries, such as carpal tunnel syndrome or other conditions that develop over time. For these injuries, the two-year period begins when you knew, or should have known, that your job caused your condition.
Your Medical Care Is Fully Paid by Insurance
Workers’ Compensation insurance covers all preapproved medical treatments for your injury. This includes doctor visits, surgeries, physical therapy, and other necessary care.
You should never have to pay out of pocket for any treatment that the insurance company has approved. If you run into problems with bills or approvals, we can help you sort out these issues and make sure your care is covered.
How We Handle Fees for Workers’ Compensation Cases
We work on a contingency fee basis, which means our attorneys only receive a fee when there is a monetary award in your case. In Workers’ Compensation claims, this fee structure ensures that you don’t have to pay out of pocket for legal services.
Our Fee Arrangement
The Workers’ Compensation judge approves our fees, and we only receive a fee if the judge rules in your favor. Fees are tied to the monetary award in your case, not to whether you receive a specific amount or pocket money after liens or other deductions.
What This Means for You
You can focus on your recovery without worrying about upfront costs or ongoing legal fees. If your claim is successful and a monetary award is issued, the judge will determine and approve the fee we receive from that award.
We are transparent about how fees are handled and will answer any questions you have about this process. Our goal is to provide clear, straightforward legal services while you focus on your health and recovery.
Contact Us for Help From Our Brooklyn Workers’ Compensation Lawyer Today
Workplace injuries can prevent you from living your life the way you are used to, and medical expenses and income losses can quickly become overwhelming. One of our Workers’ Compensation attorneys in New York City can help.
At O’Connor Law, our Brooklyn Workers’ Compensation attorney can support you throughout the entirety of your claims process. We will fight for you to receive fair compensation, not just the first offer given by an insurance company that just wants to quickly settle your claim.
Contact our law firm today for a free initial consultation about your Workers’ Compensation claim.
