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Queens Workers’ Compensation Lawyer

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Queens Workers’ Compensation Lawyer

Queens Workers’ Compensation LawyerWere you or a family member injured on the job in Queens, NY? Do you have questions about your legal rights under New York workers’ compensation laws? Contact the Law Offices of Jay S. Knispel Personal Injury Lawyers for help recovering fair compensation for medical bills, lost wages, and more.

Our Queens workers’ compensation lawyer has over 25 years of experience in personal injury law. Our focused and dedicated approach has helped us recover tens of millions of dollars in compensation awards for our injured clients.

Recovering fair benefits isn’t always easy. You may also have additional rights under NYC personal injury laws. Contact our law firm in Queens, New York, at (212) 564 2800 to schedule your free consultation to learn more.

How the Law Offices of Jay S. Knispel Personal Injury Lawyers Can Help With Your Queens Workers’ Compensation Claim

How the Law Offices of Jay S. Knispel Personal Injury Lawyers Can Help With Your Queens Workers’ Compensation ClaimEven though you’re probably entitled to benefits, the workers’ comp insurance company doesn’t always make the claims process easy. 

Your employer might claim that your injuries weren’t job-related. After all, their insurance premiums increase when employees file claims. Your board-approved doctor might push you to return to work before you’re ready. It’s even possible that your weekly check might be undervalued.

A Queens personal injury lawyer at the Law Offices of Jay S. Knispel Personal Injury Lawyers can help. Our law firm has earned some of the largest verdicts and settlements in New York. We’ve also earned an AV Preeminent rating from Martindale-Hubbell.

We’ll fight for you by:

  • Making sure your claim for compensation is properly valued
  • Defending you if your claim is denied
  • Completing all paperwork on your behalf 
  • Determining whether you have rights under New York personal injury laws
  • Negotiating with the insurance companies for a fair compensation award

You have enough to handle if you were injured on the job. Let us handle the legal issues. Contact our Queens personal injury attorney to learn more about legal representation today.

How Common Are Workplace Injuries in Queens?

Private employers in New York reported 125,500 non-fatal workplace injuries to the U.S. Bureau of Labor Statistics (BLS) in 2021. Unfortunately, 70 workers in New York City lost their lives in fatal workplace accidents that year.

The New York Workers’ Compensation Board received 148,751 workers’ compensation claims in 2021. They challenged 16,173 of those claims.

What Is Workers’ Compensation in New York?

Workers’ compensation is a system designed to help employees who are injured on the job. Workers’ comp is designed to cover the economic losses that injured employees suffer.

Nearly all employers in New York are required to carry workers’ compensation insurance. Similarly, nearly all workers are covered by workers’ comp. That includes part-time employees, volunteers, and even leased or borrower employees.

What Do I Have To Prove To Claim Workers’ Compensation Benefits?

To receive workers’ compensation benefits, you won’t have to prove that someone else caused your injuries or illness. You won’t even have to prove that your employer was careless.

Instead, you must prove:

  • You were an employee (not an independent contractor)
  • You sustained your injury or illness while performing work-related duties

You don’t always have to be at work when you’re injured to qualify for benefits. As long as you were acting in the course of employment, you’re eligible. For example, if you’re injured in a car accident while performing work duties, you qualify even though you weren’t at your normal job site.

What Is the Value of My Queens Workers’ Compensation Claim?

The value of your workers’ compensation is based on several factors, including:

  • Your average weekly wages prior to your disability
  • The length of your recovery
  • Whether you can earn the same amount after reaching maximum medical improvement (MMI)
  • The extent of your disability and whether you can perform light-duty work during recovery
  • Whether you have the right to file a personal injury lawsuit for additional damages

Your workers’ compensation wage replacement benefits are based on your average weekly wages in the 52-week period prior to the disability. The system is based on your gross wages, not the amount you actually took home.

Workers’ comp covers about ⅔ of your average wages prior to the disability. However, your check is also limited by state law. The maximum amount you can receive if your injury happened between July 1, 2023 and June 30, 2024 is $1,145.43 per week.

What Types of Benefits Does Workers’ Compensation Provide in New York City?

Workers’ compensation compensates work injury victims for certain economic damages, including:

  • All reasonable and necessary medical expenses
  • Income replacement benefits
  • Survivor’s benefits in workers’ compensation cases involving fatal workplace accidents

However, to recover these benefits, you have to follow strict rules.

Medical Benefits

All of your medical care related to the injury or illness is covered.

Medical care” includes:

  • Medical treatment
  • Dental care
  • Surgeries
  • Optometry
  • Medically necessary drugs
  • Assistive devices

To qualify for these benefits, you must visit a doctor who is approved by the workers’ compensation board. In emergency situations, however, you can visit a non-approved doctor.

Wage Replacement Benefits

You’re also entitled to disability benefits to cover a portion of your lost wages while you recover. 

You qualify for wage replacement benefits if:

  • You miss work for at least seven days, 
  • You earn less because you can work fewer hours or can only perform light-duty work during recovery. 

After you miss at least 14 days at work, you’ll also be compensated for the first seven days of lost wages.

There are several different types of disability benefits. The type of benefits you receive will depend on the nature of your disability.

You may be entitled to:

  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Permanent total disability benefits
  • Permanent partial disability benefits

You can also receive benefits for loss of the use of a specific body part or disfigurement.

Survivor’s Benefits

Survivor benefits provide weekly cash benefits to a surviving spouse, minor children, or other dependents. They also cover funeral and burial costs.

Can I Sue My Employer for Damages?

No. Because workers’ comp is a no-fault system, injured employees give up their right to file a personal injury lawsuit against their employer for damages. However, there are exceptions in some cases, especially for construction workers. 

However, you may also have the right to sue a responsible third party for damages. These claims are called “third-party claims”. For example, if you were injured in a car crash, you retain the right to sue the at-fault driver for damages.

Contact our law office in NYC to learn more about your legal options. 

Can New York’s Comparative Negligence Laws Impact My Right to Workers’ Compensation?

No. New York’s pure comparative negligence law does not apply to limit the amount of workers’ compensation benefits you receive. That’s because workers’ compensation is a no-fault system, so you’re entitled to benefits regardless of fault.

Our Queens Workers’ Compensation Attorneys Will Fight To Recover Compensation for All of Your On-the-Job Injuries

At the Law Offices of Jay S. Knispel Personal Injury Lawyers, we handle all types of workers’ compensation claims, including those where the victim has suffered:

Don’t hesitate to reach out for legal advice if you have questions about your rights under New York law. Our lawyers in Queens will do everything we can to get you the full compensation you deserve.

What Causes Most Workplace Injuries in Queens, New York City?

We handle all types of work-related injury claims in Queens, including those involving:

  • Slip and fall accidents
  • Falling objects
  • Car accidents
  • Repetitive motions and strain
  • Lifting heavy objects
  • Trucking accidents
  • Construction accidents
  • Scaffolding accidents
  • Falls from heights
  • Electrocution
  • Electric shock
  • Missing safety equipment
  • Violation of New York Labor Laws and OSHA regulations 
  • Defective or dangerous work equipment and tools
  • Accidents involving cranes, forklifts, and heavy machinery
  • Exposure to toxic substances
  • Unsafe work conditions

Regardless of what caused your accident, we’re here to help. Contact us today to schedule a free consultation with our experienced Queens work injury attorneys.

How Long Do I Have To File a Claim After a Workplace Accident in New York?

You only have a limited amount of time to take legal action. That makes it particularly important to consult an experienced lawyer sooner rather than later. If you wait too long, you will lose your right to recover the compensation you need and deserve.

You must notify your employer about your workers’ compensation claim within 30 days of the injury. You have two years to file an Employee Claim (Form C-3) with the workers’ compensation board.

If you have the right to file a personal injury lawsuit, you must file within three years under the New York state statute of limitations. There are rare exceptions to these deadlines, so it is recommended that you contact a lawyer as soon as possible for help protecting your legal rights.

Contact a Queens Workers’ Compensation Lawyer for a Free Consultation

The workers’ compensation system in NYC isn’t always easy to navigate. To protect your rights, call (212) 564 2800 or contact a Queens workers’ compensation lawyer who can help. At the Law Offices of Jay S. Knispel Personal Injury Lawyers, your consultation is always free of charge.


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New York City Office 

450 7th Ave Suite 1605
New York, NY 10123
(212) 564 2800

Law Offices of Jay S. Knispel Personal Injury-New York City Office


Brooklyn Office 

26 Court St., Suite 2511
Brooklyn, NY 11242
(718) 802-1600

Law Offices of Jay S. Knispel Personal Injury - Brooklyn Office


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