Back injury from lifting packages at a warehouse in Long Island City. Saw cut on a construction site near Kent Avenue. Slip on a wet floor in a restaurant kitchen in Bushwick. If you work in New York State and have been injured on the job – you are entitled to benefits. Regardless of whether it was your fault.
What is Workers’ Comp and why you don’t have to prove employer fault
No-fault system. You don’t have to prove that the employer neglected safety. It is enough that the injury occurred during or in connection with work. This applies to one-time accidents (falls, impacts), but also to cumulative injuries – carpal tunnel syndrome after years of repetitive work, back problems from lifting.
Almost every employer in New York State must have Workers’ Compensation insurance. Construction, restaurant, store, office, factory. If your boss claims they “don’t have insurance” – they are either lying or breaking the law. In both cases, you still have the right to benefits.
How to file a claim – step by step
Step 1: report the accident to your employer in writing within 30 days. Verbal notice is not enough. If the employer does not file a report – you have no proof of notification. An email or text message with confirmation is the minimum.
Step 2: the employer reports the accident to the insurer and the Workers’ Compensation Board (form C-2). Step 3: you fill out form C-3 (Employee Claim) and send it to the WCB. Step 4: examination by an authorized doctor.
And here is an important thing that employers don’t tell you: they cannot fire you for filing a claim. Workers’ Compensation Law §120 explicitly forbids it. If your boss threatens you – that is an additional violation.
What you get – and for how long
Full coverage of medical costs (doctors, hospital, rehabilitation, medication). Benefits for time off work – usually 2/3 of the average weekly wage, up to an annual maximum. Benefits for permanent impairment (schedule loss of use). In the most severe cases – benefits for permanent total disability.
→ Need help filing a WC claim? Check out the Jodré Brenecki profile in the PolishPages directory.
What to look for when choosing a Workers’ Compensation lawyer
- Experience in the WCB system – the Workers’ Compensation Board is a separate world with its own judges, procedures, and deadlines. A personal injury lawyer who does not regularly attend WCB hearings may not know the nuances that determine the amount of benefits.
- Parallel handling of WC and civil lawsuits – if the accident happened on a construction site or on third-party property, you have the right to both. A good law firm will handle both tracks simultaneously – without losing benefits from either.
- Help with appeals – insurers will deny or limit benefits. This is standard practice. A lawyer who regularly appeals before the WCB knows which arguments work and how long individual stages take.
- Service in Polish – describing the injury, movement limitations, and treatment progress in your own language prevents errors in documentation. And errors in WC documentation mean delays or reduced benefits.
→ The Jodré Brenecki law firm handles Workers’ Compensation cases in parallel with civil lawsuits – check the profile in the PolishPages directory.
Workers’ Compensation is your right – not a privilege you ask your employer for. If you have been injured at work, don’t let anyone downplay your situation. Call for a free consultation: 347-563-2605.
