Brooklyn Workers’ Compensation Lawyer
- Content reviewed by: Alex Shulman
- Last updated: May. 06, 2024
No matter what job you have, there’s always the possibility you’ll experience an injury at your Brooklyn workplace. If you do suffer an injury or illness on the job, you may be entitled to workers’ compensation benefits for medical bills and lost wages. However, employers and insurance companies are motivated by their bottom lines. They often try to deny a worker’s claim or downplay the extent of their injuries, making it hard to obtain the benefits you’re due.
A seasoned Brooklyn workers’ compensation lawyer can represent you during the workers’ compensation claims process, helping to negotiate a fair benefits package. If you’ve experienced an injury at your Brooklyn workplace, contact Shulman & Hill for a free legal consultation.
Why Choose the Team at Shulman & Hill for Your Workers' Compensation Case
Shulman & Hill is renowned for protecting the rights of injured New York City workers. We handle all personal injury matters and have some of the top workers’ compensation lawyers in New York City. Our firm started in Brooklyn, and we have over a decade of experience with workers’ compensation claims.
Our law firm serves a diverse clientele. We have multilingual attorneys and paralegals fluent in Spanish and Russian, so you can feel comfortable discussing your case even if English isn’t your native language.
When you hire our team, you’ll receive personalized and attentive assistance during your case from the moment you walk through our door. We pride ourselves on being client-focused with superior communication options. We have satellite offices throughout New York City, making it easy for us to meet our clients even if their injuries prevent them from traveling. Wherever you are in the city, we’re nearby.
All of our attorneys work on a contingency basis, and we provide free consultations for anyone considering a case. There is no fee for our services unless we successfully win your claim.
In our years of experience, we’ve obtained more than $400 million in verdicts and settlements for our clients. Some of our notable results include:
- $2,500,000 obtained for a non-union worker injured at a construction site
- $2,250,000 obtained for a client struck by a shoring pole while working at a construction site
- $2,000,000 recovered for an immigrant laborer injured after falling off a defective ladder
- $1,750,000 settlement obtained for a carpenter who suffered severe back injuries from a trip and fall at a construction site
- $1,500,000 recovered for an undocumented day laborer who sustained injuries when the defendants failed to secure the descent of a heavy steel beam
Our award-winning attorneys are recipients of numerous accolades, including New York Super Lawyers and the National Trial Lawyers Association’s Top 40 Under 40 Trial Lawyers.
What Our Brooklyn Clients Say:
How To Know if You're Eligible for Workers' Comp in Brooklyn
Workers’ compensation covers nearly every workplace injury, with a few exceptions. As long as your employer has coverage and your injury occurred at your workplace or a job site, you are likely eligible for workers’ compensation benefits. Some common workplace incidents include construction accidents, fire and explosions, forklift injuries, machinery accidents, chemical exposures, and scaffolding falls.
Shulman & Hill obtained a $2,500,000 settlement for a non-union laborer
Shulman & Hill obtained a $2,000,000 settlement for an immigrant laborer
Shulman & Hill obtained a $1,175,000 settlement for a 29-year-old construction worker
Shulman & Hill obtained a $1,500,000 settlement for an undocumented day laborer
Shulman & Hill obtained a $1,500,000 settlement for a bus driver
Workers’ compensation covers most work-related injuries and illnesses if your employer has insurance. Narrow exceptions include injuries suffered in a physical fight that you started, injuries caused by intoxication or under the influence of drugs, or injuries that the worker intentionally causes.
Importantly, you ou can recover workers’ compensation if you are undocumented. In New York City, you might be eligible for workers’ compensation even if you are paid “off the books.” It violates New York workers’ compensation law for employers to not report wages paid to undocumented workers to pay less in premiums.
Even if you’ve already been offered benefits, speaking with an attorney following a workplace accident is essential. A Brooklyn workers’ comp lawyer can evaluate your claim and determine if you’re receiving adequate compensation or due additional benefits. Your attorney can also navigate any complexities hindering your ability to obtain compensation.
What Compensation Is Available After a Work Accident in Brooklyn?
In a Brooklyn workers’ compensation case, you may receive financial benefits to cover your losses. Some of the benefits you may be entitled to include the following.
Medical Benefits
A workplace injury may result in a hospital stay. Your injury may require X-rays, diagnostic tests, surgery, and physical therapy. It is not unusual to receive costly medications and require specialist care. Workers’ compensation can reimburse all of your medical costs related to your injury, including past and future care.
Disability Benefits
Some injured employees are unable to return immediately to their jobs. Being out of work will result in lost pay. However, workers’ compensation can reimburse you for some or all of your lost wages. The maximum New York weekly workers’ compensation disability benefit is currently $1,145.43. It will rise to $1,171.46 on July 1, 2024.
Death Benefits
If a workplace accident results in a fatality, workers’ compensation can pay the worker’s funeral and burial expenses. The worker’s surviving spouse, minor children, and dependents may also be eligible for weekly cash benefits.
Emotional Pain and Suffering
Experiencing a workplace accident can take an emotional toll on employees. While workers’ compensation won’t cover the emotional trauma of an injury, you may be entitled to recover such damages in a third-party lawsuit if someone other than your employer contributed to your workplace injury. Common third parties involved in workplace accidents include property owners or drivers who hit workers on the job.
Our Brooklyn workers’ compensation lawyers also handle personal injury claims. We will analyze your case to determine if any other parties are responsible for your injury and file a personal injury lawsuit to pursue all the damages you’re entitled to.
For many years in New York City, individuals used to rely on two separate law firms—one for workers' compensation and another for personal injury. What distinguishes us from the vast majority of other injury law firms in New York City is our ability to handle both aspects under one roof and at the highest level of expertise. We boast one of the top workers' compensation law firms in New York State and one of the top personal injury departments as well. Given that these two types of cases are deeply intertwined, decisions made in one case significantly impact the other. Therefore, it's crucial that the workers' compensation and personal injury components of the casework seamlessly together.
How an Attorney Can Help With Your Case
Hiring a Brooklyn workers’ compensation attorney is vital to protect your rights. Sometimes, insurance companies try to protect their bottom line by being less than candid about the benefits you’re entitled to. Shulman & Hill attorneys will determine the financial recovery you are eligible for and negotiate with insurers to get you optimal compensation.
Aside from the financial benefits of hiring a skilled lawyer, know that we genuinely care about our clients. We will support you through your recovery process, helping you to schedule doctor’s appointments, arrange your transportation needs, and cover all the administrative aspects of your claim so you can focus on healing.
If your workers’ compensation claim is denied, we can appeal the decision and negotiate for a fair and just settlement.
Important Time Limits in Brooklyn Workers' Compensation Claims
It’s critical to seek legal assistance immediately following a Brooklyn workplace accident. Workers have just 30 days to notify their employer of the incident, which initiates the claims process.
After reporting the accident to your employer, you must submit an Employee Claim (Form C-3) to the New York Workers’ Compensation Board within two years of the incident.
Your workers’ compensation lawyer in Brooklyn will assist you through the claims process, including filing the requisite forms and documentation. Immediately following an accident, schedule a consultation with Shulman & Hill to start the process.
Our goal is for clients to get back to work, to heal, and to continue on with their lives. But most importantly, we want to protect them first and foremost. If a client goes back to work and their injury, like a back issue, resurfaces six months after the accident, we want to ensure they'll be covered from a medical standpoint.
We don't want these clients dipping into their own pockets down the line. And again, we never preach to them about how to maximize a settlement by staying out of work or doing certain things—no. We want them getting back to work, moving on with their lives, supporting their families. They'll make more money working than not.
Ultimately, we just want to make sure they are protected medically going forward.
Brooklyn Workers' Compensation FAQs
Many of our prospective clients are unfamiliar with workers’ compensation and understandably have questions about the claims process. Here are answers to some of the frequent inquiries we hear:
Can I receive workers' compensation if I have a pre-existing condition?
Yes. You may still qualify for workers’ compensation benefits if you have a pre-existing condition and a workplace accident aggravated it. However, insurance companies may argue about the extent of the aggravation, especially if your pre-existing injury is similar to your new one. It’s best to seek an attorney’s representation to protect your ability to procure compensation.
Can I get fired for filing a workers' comp claim?
No. Firing an employee for exercising their legal rights, including filing a workers’ compensation claim, is illegal. Such action may be considered retaliation. Getting an attorney’s assistance is critical when dealing with employer retaliation.
Can I receive both Social Security Disability and workers' compensation?
Yes, it’s possible to receive both Social Security Disability Insurance, or SSDI, benefits and workers’ compensation. However, since workers’ compensation is considered a private income source, Social Security will consider it when determining your benefits eligibility. That may result in a reduction in your SSDI benefits.
Am I suing my employer when filing workers' compensation?
No. Workers’ compensation is a form of insurance your employer must carry if they hire employees. You are simply submitting a claim against the policy to obtain the benefits available through it.
Can you collect workers’ compensation and retirement?
If you were injured at work while about to retire, your employer’s workers’ compensation insurance will continue to pay for medical bills relating to the injury. However, receiving retirement benefits may result in reduced workers’ compensation benefits. It is important to consult with a Brooklyn workman’s comp lawyer if you are considering retirement after being injured at work.
Is workers’ compensation taxable income?
Benefits received through workers’ compensation insurance are tax-free at both the state and federal levels. However, if you receive Social Security Disability Insurance benefits offset by workers’ compensation benefits, a portion of your workers’ comp benefits may be taxed.
Can you get unemployment after workers’ compensation?
If your employer terminates you for reasons unrelated to your workplace injury, you may qualify for unemployment benefits. However, the unemployment office must find that you are willing and able to work.
Meet Our Brooklyn Workers’ Compensation Attorneys
Reach Out to the Brooklyn Workers’ Compensation Lawyers at Shulman & Hill
A workplace injury can have long-term consequences on your physical health and finances. Ensure you get fair compensation for your losses and all the benefits available to you. Shulman & Hill is here to help. We can determine the compensation available and pursue the benefits you deserve.
To learn about your legal options, schedule a consultation with a Brooklyn workers’ comp lawyer by calling (212) 221-1000 or completing our online form.
