Content reviewed by:
Alex Shulman
After a workplace injury, you might not know how to proceed with a claim to recover lost wages and medical expenses, and it can be especially difficult if your claim is denied. The experienced workers’ compensation lawyers at Shulman & Hill have been standing by injured people in Queens for more than a decade, with a particular focus on workplace injury. Reach out to schedule a free consultation today and learn how our Queens personal injury lawyers can help with your claim.
Why Choose Shulman & Hill?
Shulman & Hill has represented injured victims citywide for more than a decade. We are New Yorkers representing New Yorkers, and our skilled workers’ compensation attorneys are familiar with job sites and employers across every borough, every block. We use our local knowledge and legal experience to fight for injured workers.
Our Results
We have a strong track record of positive results in workers’ compensation cases, including a $260,000 recovery for a corrections officer involved in five different incidents requiring the use of force, resulting in multiple injuries. Overall, we have helped injured New Yorkers recover over $1 Billion+ in compensation.
Also, we’re proud of the testimonials we receive from grateful workers’ compensation clients. Each person we serve becomes a part of our firm community, which spans every borough in New York City.
What Makes Us Different
Unlike many other firms, we can handle your workers’ compensation claim and any third-party injury claims you might be eligible to file. There’s no need to juggle relationships with two law firms, because we handle it all. We also have attorneys experienced in other areas of law, including car accidents, truck crashes, and wrongful death.
Every Borough, Every Block
We have conveniently located offices throughout the city, including a Queens location accessible by car and public transit. Our multilingual staff includes professionals fluent in Spanish and Russian, so we can meet our neighbors where they are.
No Fee Unless We Win
Part of our job is to reduce the stress of a workers’ compensation lawsuit. We know work injuries can strain your finances, and we don’t want our fees to add to that weight. Our attorneys work on contingency, meaning you pay nothing unless we win your case.
Whether you were injured in a construction accident or other workplace incident, we’re here to help you get justice.
What Is Covered by Workers’ Compensation?
Workers’ compensation covers medical expenses and lost wage payments for injuries and illnesses sustained while working. Employers must carry workers’ compensation insurance. When you file a claim, it’s the employer’s insurance company that pays.
Workers’ compensation is different than a lawsuit because in a workers’ compensation case no party is determined to be at fault. Therefore, you typically won’t lose your benefits if you were simply careless. However, you can lose your right to workers’ compensation in New York if your injuries were somehow caused by an intent to injure yourself or another.
If a third party is responsible for your injuries, you can sue them outside of the workers’ compensation process. For example, when a property owner is legally responsible for safety on a construction site and fails to uphold their duty, you can pursue damages in the courtroom.
Workers’ compensation covers medical expenses necessary to treat your injury. These benefits may pay for things like:
- Medical care
- Dental care
- Eye care
- Surgery
- Medications
- Assistive devices
The program also covers lost wages if you can’t work for 14 or more days. These benefits may also be available if you make less money because your hours were reduced or you were forced to find different work.
Wage benefits are not paid for the first seven days of the injury unless your injury lasts for two weeks or more. Once it lasts for at least two weeks, you can receive benefits from the first day of the injury.
How Does the Workers’ Compensation Process Work?
New York State has strict time frames for filing a workers’ compensation claim. You must meet the following deadlines:
- Within 30 days: Notify your employer of the accident and any resulting injuries. If you fail to report the incident to your employer within this time frame, you could lose your right to file a workers’ compensation claim.
- Within two years: Fill out Form C-3 to file an official claim with the Workers’ Compensation Board. If you have had a similar illness or injury, you must also file Form C-3.3, which is a Limited Release of Health Information form. This allows the board to review your medical records to determine that your current illness or injury is work related.
The two-year time frame starts on the date of the accident by default. If your injury or illness developed over time and you discovered it later, the clock may start running on the date you knew or should have known about your condition. Ask an attorney about what deadlines may apply in your case.
Consulting with a lawyer is one of the crucial steps to take after any workplace accident. Evidence and witness memories can fade quickly, and documentation is essential for success.
How Can a Queens Workers’ Compensation Attorney at Shulman & Hill help?
After a workplace accident, you might feel overwhelmed by the legal process that comes afterward. By working with one of our Queens workers’ compensation attorneys you can get much-needed legal advice and support. Our attorneys can help you by:
- Reviewing the details of your case – Our experienced workers’ compensation lawyers can review your medical information and the details of what happened the day you were hurt. We can offer an objective assessment of the benefits and compensation you are likely entitled to.
- Taking over the gathering and filing of paperwork – Your claim might require several doctors’ assessments and supporting documentation. Our team can help pull together this information as evidence of your injury and financial losses.
- Negotiating with insurance companies and the other side – An insurance company might want to downplay the seriousness of your injuries. They might deny your claim or offer you less compensation than it is worth. We will push for all your benefits and potentially a settlement and make sure they don’t take advantage of you.
- Getting things done as quickly as possible – While we can’t control the entire New York workers’ compensation process, we understand that you will need your benefits while recovering from your injury. We’ll stay on top of things, handling your case efficiently to get you your benefits as soon as possible.
- Appealing your case if you are denied – New York State has a strict appeals process for a workers’ compensation decision. As lawyers who focus on these types of cases, we use our knowledge and experience to provide the best representation possible in an appeal.
Most importantly, our workers’ compensation attorneys can help you with the unexpected. Your attorney can provide advice and guidance if you get a claims denial or a sudden request for paperwork. We can give you our thoughts on what’s fair and offer our services to help.
“Shulman and Hill handled my workers comp case following a work accident. From the first call, I felt confident in their expertise and ability to advocate for me. They clearly explained the legal process, kept me updated throughout the case, and were always available to answer my questions. I would highly recommend them to anyone seeking legal representation.”
Victoria R.
What Occupations Have the Highest Rates of Workplace Injuries in New York?
Some types of jobs have a reputation for a high risk of injury. For example, industries like transportation and manufacturing see higher rates of workplace accidents. Among other things, we have experience handling workers’ compensation claims involving:
- Construction accidents
- Welding accidents
- Slip and falls
- Scaffolding accidents
The New York State Workers’ Compensation Board’s annual report from 2022 showed that most claims came from the industries listed below. These ten industries made up 85.7 percent of all workers’ compensation claims made in New York State that year.
- Public administration
- Health care and social assistance
- Transportation and warehousing
- Retail trade
- Educational services
- Manufacturing
- Construction
- Accommodation and food services
- Administrative and support
- Wholesale trade
Workers’ Comp FAQs
Workers’ comp can be a challenging system to navigate, and it’s common for questions to come up. Our attorneys are here to help.
Is a Lawyer Necessary to File a Workers’ Compensation Claim in Queens?
While you can file a workers’ compensation claim without a lawyer, partnering with an experienced attorney can be very helpful. Our attorneys will make sure you understand your legal rights and options. We will advocate for your interests if your claim is disputed and represent you in a third-party lawsuit if necessary, in your case. The insurance company will have lawyers. To protect yourself and your rights, you should too.
How Do I Know if I’m Eligible for Workers’ Comp?
Nearly all New York State employers must carry workers’ compensation insurance. Also, benefits are available to any employee with a valid claim, regardless of immigration status.
You may have a valid workers’ compensation claim if your injury or illness is job-related. Employers and insurers may dispute a claim, at which point the case would go before a workers’ comp law judge.
Our trusted attorneys have extensive experience with the workers’ compensation system. We’re here to defend your rights and help you build the strongest possible case for compensation.
How Much Does Workers’ Compensation Pay?
A workers’ compensation recipient in New York is entitled to receive up to two-thirds of their average weekly wage, or AWW, up to a state maximum.
The state calculates that amount based on the employee’s gross earnings for the 52 weeks preceding the injury. Your employer must provide this information to the workers’ compensation board. Payouts are subject to a weekly maximum that increases annually to account for inflation. The maximum has increased from $1,125.46 in early 2023 to $1,171.46 in early 2025.
