Queens Workers Compensation Injury Lawyers
Work-related injuries in Queens affect thousands of employees annually across diverse industries from construction sites in Long Island City to hospitals in Jamaica, retail establishments in Flushing, and office buildings throughout the borough. When you’re injured on the job, New York’s workers’ compensation system is designed to provide medical benefits and wage replacement regardless of fault. However, navigating the complex workers’ compensation process while dealing with serious injuries can be overwhelming, and insurance companies often try to minimize benefits or deny legitimate claims. Additionally, many injured workers don’t realize they may have third-party claims that can provide significantly more compensation than workers’ compensation alone.
At Koenigsberg & Associates Law Offices, our Queens workers’ compensation lawyers have extensive experience helping injured workers throughout Queens secure maximum benefits and pursue all available sources of compensation. We understand both the workers’ compensation system and third-party liability laws, ensuring injured workers receive comprehensive legal representation for their workplace injuries.
Understanding Workers Compensation in Queens
Queens’ diverse economy creates unique workplace injury risks across multiple industries. From the busy construction sites developing Long Island City’s skyline to the healthcare facilities serving the borough’s diverse population, workplace injuries can occur in any setting and require immediate attention to protect workers’ rights.
Key Workers Compensation Statistics:
- Over 200,000 workplace injuries are reported annually in New York State
- Construction workers face injury rates 75% higher than other industries
- Healthcare workers experience high rates of back injuries and workplace violence
- Queens sees significant workplace injuries due to its diverse industrial base
New York Workers Compensation Framework:
- No-fault system providing benefits regardless of who caused the injury
- Mandatory coverage for most employers with employees
- Medical benefits covering all necessary treatment
- Wage replacement benefits for time away from work
The complexity of Queens’ workforce, with employees in construction, healthcare, retail, manufacturing, and service industries, creates diverse workplace injury scenarios that require specialized legal knowledge to navigate effectively.
Common Types of Workplace Injuries in Queens
Workplace injuries in Queens vary significantly based on industry and job duties, but certain types of accidents occur frequently across multiple sectors and require immediate workers’ compensation claims.
Construction Industry Injuries
- Falls from Heights – Scaffolding, ladder, and roof accidents causing traumatic brain injuries and broken bones
- Struck by Objects – Tools, materials, and equipment falling and striking workers
- Electrocution Injuries – Contact with live wires and electrical equipment
- Machinery Accidents – Heavy equipment, power tools, and construction vehicle incidents
Healthcare Worker Injuries
- Back and Lifting Injuries – Herniated discs and muscle strains from patient lifting and transfers
- Needlestick Injuries – Accidental needle punctures with potential disease exposure
- Workplace Violence – Assaults by patients or visitors causing physical and psychological trauma
- Slip and Fall Accidents – Wet floors and cluttered areas in hospitals and medical facilities
Office and Retail Injuries
- Repetitive Stress Injuries – Carpal tunnel syndrome and other conditions from computer use
- Slip and Fall Accidents – Wet floors, torn carpeting, and inadequate lighting
- Lifting and Moving Injuries – Back injuries from lifting boxes, inventory, and equipment
- Workplace Violence – Robberies, assaults, and threatening behavior affecting employees
Manufacturing and Warehouse Injuries
- Machinery Accidents – Caught in or struck by industrial equipment
- Chemical Exposure – Contact with hazardous substances causing burns or illness
- Forklift Accidents – Struck by or falling from material handling equipment
- Repetitive Motion Injuries – Assembly line work causing chronic conditions
Learn about workers’ compensation benefits and how to protect your rights after workplace injuries.
Serious Workplace Injuries in Queens
Workplace injuries can range from minor cuts requiring first aid to catastrophic injuries that permanently change workers’ lives and ability to support their families.
Catastrophic Work Injuries:
- Traumatic Brain Injuries – Head trauma from falls, struck-by accidents, or explosions causing cognitive impairment
- Spinal Cord Injuries – Back and neck trauma potentially causing paralysis and permanent disability
- Amputation Injuries – Loss of limbs from machinery accidents requiring prosthetics and extensive rehabilitation
- Severe Burns – Chemical, electrical, or thermal burns requiring skin grafts and reconstructive surgery
- Multiple Trauma – Complex injuries affecting multiple body systems from construction or industrial accidents
Common Workplace Injuries:
- Back and Neck Injuries – Herniated discs, muscle strains, and spinal damage from lifting or falls
- Broken Bones and Fractures – Arms, legs, ribs, and other bones broken in workplace accidents
- Cuts and Lacerations – Injuries from tools, machinery, or broken glass requiring stitches or surgery
- Eye Injuries – Chemical splashes, flying debris, or radiation exposure affecting vision
- Respiratory Injuries – Lung damage from chemical exposure, dust, or toxic fumes
Occupational Illnesses:
- Repetitive Stress Injuries – Carpal tunnel, tendonitis, and other conditions from repetitive motions
- Hearing Loss – Gradual hearing damage from prolonged noise exposure
- Chemical Exposure Illnesses – Cancer, respiratory disease, and organ damage from toxic substances
- Infectious Diseases – Illness contracted through workplace exposure, particularly in healthcare settings
Psychological Injuries:
- PTSD from Workplace Violence – Psychological trauma from assaults, robberies, or threats
- Stress-Related Conditions – Anxiety, depression, and other mental health issues from work conditions
- Injury-Related Depression – Mental health impacts from serious physical injuries and disability
Understanding the full scope of workplace injuries helps workers recognize when they need experienced legal representation to secure appropriate workers’ compensation benefits and explore additional compensation options.
Paul Koenigsberg
Workers Compensation Benefits in New York
New York’s workers’ compensation system provides several types of benefits to injured workers, but understanding and obtaining these benefits often requires legal assistance to ensure full compensation.
Medical Benefits
Workers’ compensation covers all necessary medical treatment related to workplace injuries, including emergency room visits, surgery, hospitalization, physical therapy and rehabilitation, prescription medications, medical equipment and assistive devices, and ongoing treatment for chronic conditions. Workers generally cannot choose their own doctors initially but may have options for second opinions and specialist referrals.
Wage Replacement Benefits
New York provides several types of wage benefits depending on the severity and duration of work-related disabilities. Temporary total disability benefits provide two-thirds of average weekly wages while completely unable to work. Temporary partial disability benefits compensate for reduced earning capacity when returning to light duty. Permanent partial disability benefits provide compensation for lasting impairments that reduce earning capacity. Permanent total disability benefits support workers who cannot return to any gainful employment.
Vocational Rehabilitation
Workers who cannot return to their previous jobs due to injuries may be entitled to vocational rehabilitation services, including job retraining programs, education assistance, job placement services, and adaptive equipment for new careers.
Death Benefits
If workplace injuries result in death, surviving family members may receive burial expenses, weekly payments to dependents, and continuation of medical benefits for work-related conditions.
Limitations of Workers Compensation
Workers’ compensation benefits do not include pain and suffering damages, full wage replacement (only two-thirds), compensation for family impact, or punitive damages against negligent employers.
These limitations make it crucial to explore third-party claims that can provide additional compensation beyond workers’ compensation benefits.
Third-Party Claims for Queens Workplace Injuries
Many injured workers don’t realize they may have claims against parties other than their employers, which can provide significantly more compensation than workers’ compensation alone.
Construction Site Third-Party Claims
Construction workers injured in Queens may have claims against property owners, general contractors, subcontractors, equipment manufacturers, and architects or engineers. New York Labor Law provides special protections for construction workers, including absolute liability for certain types of accidents regardless of worker fault.
Product Liability Claims
Workers injured by defective tools, machinery, or safety equipment may sue manufacturers for design defects, manufacturing flaws, inadequate warnings, or failure to recall dangerous products. These claims can provide substantial compensation beyond workers’ compensation benefits.
Premises Liability Claims
Workers injured due to dangerous conditions on property not owned by their employer may have premises liability claims against property owners, including slip and fall accidents, inadequate security leading to workplace violence, and toxic exposure from environmental hazards.
Motor Vehicle Accident Claims
Workers injured in car accidents while driving for work may have claims against other drivers, in addition to workers’ compensation benefits. This includes delivery drivers, sales representatives, and others who drive as part of their job duties.
Professional Negligence Claims
Healthcare workers and others may have claims against other professionals whose negligence contributed to workplace injuries, such as doctors whose negligent treatment worsened work-related conditions.
Learn more about construction accident third-party claims and how they can provide additional compensation for workplace injuries.
What to Do After a Queens Workplace Injury
Taking proper steps after a workplace injury is crucial for protecting your workers’ compensation benefits and preserving potential third-party claims.
Immediate Response:
- Seek immediate medical attention for all injuries, regardless of severity
- Report the injury to your supervisor or employer immediately
- Ensure a written incident report is created and request a copy
- Don’t delay medical treatment as this can jeopardize your claim
Document Everything:
- Take photographs of the accident scene, equipment, and your injuries
- Get contact information from witnesses to the accident
- Keep detailed records of all medical treatment and expenses
- Save all documentation related to lost wages and work restrictions
File Workers Compensation Claims:
- Complete Form C-3 (Employee Claim) within two years of injury
- Provide all requested medical documentation
- Attend all required medical examinations
- Keep detailed records of all communications with insurance carriers
Protect Your Rights:
- Contact an experienced Queens personal injury lawyer to evaluate third-party claims
- Don’t give recorded statements to insurance companies without legal representation
- Avoid signing settlement documents before understanding all available compensation
- Continue following medical treatment recommendations to support your claims
Preserve Evidence for Third-Party Claims:
- Don’t allow employers to repair or dispose of defective equipment
- Identify all parties who may have contributed to the accident
- Investigate whether safety violations or code violations contributed to injuries
- Determine if adequate safety training and equipment were provided
Workplace injury cases often involve tight deadlines and complex legal procedures, making immediate legal consultation essential for protecting all available compensation options.
Compensation Available Beyond Workers Compensation
While workers’ compensation provides important benefits, third-party claims can often provide significantly more comprehensive compensation for workplace injuries.
Full Economic Damages:
- Complete Medical Coverage – All current and future medical expenses without limitations
- Full Wage Replacement – 100% of lost wages rather than the two-thirds provided by workers’ compensation
- Future Earning Capacity – Compensation for reduced lifetime earnings due to permanent injuries
- Vocational Retraining – Comprehensive career rehabilitation and education costs
Non-Economic Damages:
- Pain and Suffering – Compensation for physical discomfort and emotional distress
- Loss of Enjoyment – Damages for activities and experiences no longer possible
- Disfigurement – Compensation for permanent scarring and physical changes
- Loss of Consortium – Impact on relationships with spouse and family
Special Damages for Severe Injuries:
- Life Care Costs – Comprehensive care planning for catastrophic injuries
- Home Modifications – Accessibility improvements for permanent disabilities
- Assistive Technology – Advanced equipment and devices for independence
- Family Support Services – Counseling and support for family members
Wrongful Death Benefits:
In fatal workplace accidents, families may recover wrongful death compensation through third-party claims that far exceed workers’ compensation death benefits, including full loss of earnings, loss of services and companionship, and conscious pain and suffering.
Punitive Damages:
Third-party claims may include punitive damages in cases involving particularly reckless conduct, such as knowingly defective products or willful safety violations.
Understanding the difference between workers’ compensation and third-party recovery helps injured workers pursue maximum compensation for their workplace injuries.
Common Questions About Queens Workers Compensation Cases
Can I sue my employer if I’m injured at work?
Generally, no. Workers’ compensation is an exclusive remedy against employers, meaning you cannot sue your employer for workplace injuries. However, you may have third-party claims against other parties who contributed to your accident.
What if my employer doesn’t have workers compensation insurance?
Employers are required to carry workers’ compensation insurance. If they don’t, you may be able to sue your employer directly for your workplace injuries, and the state has an uninsured employers fund that may provide benefits.
Can I choose my own doctor for work injuries?
Initially, you may be required to see a company-approved doctor. However, you have rights to second opinions and may eventually be able to choose your own treating physician within the workers’ compensation system.
What if workers compensation denies my claim?
You have the right to appeal denied claims through the Workers’ Compensation Board hearing process. Legal representation is crucial for successfully appealing denied claims and obtaining the benefits you deserve.
Can I collect both workers compensation and third-party settlements?
Yes, but the workers’ compensation carrier may have a lien on any third-party recovery for benefits they paid. Experienced attorneys can often negotiate these liens to maximize your total recovery.
How long do I have to report a workplace injury?
You should report workplace injuries immediately to your employer. You have two years to file a formal workers’ compensation claim, but delays in reporting can jeopardize your benefits.
Serving Injured Queens Workers In
Serving Injured Workers In
Contact Our Queens Workers Compensation Lawyers Today
If you’ve been injured at work in Queens, don’t wait to protect your rights. Evidence can disappear quickly, and important deadlines for both workers’ compensation claims and third-party lawsuits approach faster than you might expect. The sooner you contact an attorney, the better we can protect your benefits and build strong cases for additional compensation.
Workplace injuries often involve multiple sources of potential compensation beyond basic workers’ compensation benefits. You may be entitled to significantly more compensation than you realize through third-party claims against negligent parties. Let us evaluate your case and fight for the full compensation you deserve.
Call us at (718) 336-2000 or fill out our online form to get started.
