Does your back hurt after years of heavy lifting on construction sites? Did you sprain your wrist working in a warehouse? You have the right to compensation — even if no one told you about it. Workers’ Compensation in New York State covers every employee, yet thousands of Poles never file a claim.
What is Workers’ Compensation and who is eligible
Workers’ Comp is a state insurance system that covers medical costs, lost wages, and disability benefits for employees who have been injured or become ill in connection with their work. It doesn’t matter who is at fault — what matters is that the injury occurred at the workplace or in connection with work duties.
In New York State, every employer with even one employee is required to have Workers’ Comp insurance. What does this mean in practice? That even if you work without a contract, under the table, or without a Social Security Number — the law is on your side. Many Polish workers in Greenpoint and Maspeth are not aware of this.
How much can you get and what does it depend on
The amount of compensation depends on several factors: the type of injury, the degree of permanent impairment, your earnings before the accident, and the duration of your inability to work. Workers’ Comp can cover full medical costs (from surgery to rehabilitation), two-thirds of lost wages during the period of disability, and in the case of permanent impairment — a lump-sum payment or disability benefits.
Note — this is important: the employer’s insurer will try to minimize the payout. Before you sign anything, talk to an attorney.
Check the Kaminski law firm profile in the PolishPages directory
How to report a case step-by-step
First thing: report the injury to your employer in writing within 30 days. This is crucial — being late can cost you your compensation. Then, go to a doctor and make sure the medical documentation includes a description of the link between the injury and your work. You must file Form C-3 (Employee’s Claim for Compensation) with the New York State Workers’ Compensation Board. Sounds complicated? That’s why it’s worth having an attorney who will go through it with you.
What to look for when choosing a Workers’ Comp attorney
- Experience in Workers’ Compensation cases in NY and NJ — state law differs from federal law. The attorney must know local regulations, courts, and procedures. Not every personal injury lawyer has this experience.
- Contingency fee system — a good attorney does not charge upfront fees. You pay a percentage of the settlement, not for hourly work. If a law firm wants money before starting the case — look elsewhere.
- Service in Polish — in Workers’ Comp cases, every detail matters. If you have to translate your symptoms through Google Translate, you risk that something important will be lost in translation. Look for a law firm where you can speak Polish from the first phone call.
- Documented wins — ask about specific amounts and types of cases. A law firm that has handled cases related to the WTC Zadroga Act and won million-dollar settlements is in a different league than a divorce lawyer who “also does accidents”.
The Kaminski law firm meets these criteria — check the profile in the directory.
Don’t wait for the pain to go away on its own — because it might not, and the deadline for filing a claim is ticking. Call for a free consultation: 718-389-0450.
