Founding Partner
For over two decades, our firm has recovered more than $2 billion for injury victims across New York and beyond. We represent Brooklyn workers injured in construction accidents, manufacturing incidents, healthcare settings, retail environments, and countless other workplace scenarios. Our attorneys handle both workers’ compensation claims and third-party personal injury lawsuits, working to help you receive every dollar of compensation available under New York law.
Contact us online or give us a call at 800-968-7529 for a free consultation. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for your workplace injury case.
Hiring an experienced workplace injury attorney can significantly improve your chances of receiving full compensation. At Parker Waichman LLP, we provide comprehensive legal services throughout your case.
Our attorneys promptly collect crucial evidence, including accident reports, witness statements, photos, medical records, and safety inspections. We consult experts like engineers and doctors to establish liability and document your injuries’ full extent, preserving time-sensitive evidence before it’s lost.
Insurance companies often use tactics to minimize claims, such as seeking recorded statements or releases. We manage all interactions on your behalf, preventing harmful statements, reviewing documents, and negotiating strongly to protect your interests.
Many settlements overlook long-term needs like ongoing medical care or lost earning capacity. We collaborate with medical experts, economists, and vocational consultants to assess all damages, including future expenses, pain and suffering, and quality-of-life impacts, ensuring you don’t settle for less.
If your claim is disputed, we represent you at hearings, present evidence, cross-examine witnesses, and appeal denials. We also fight improper benefit terminations and ensure accurate calculations based on your average weekly wage.
Beyond workers’ compensation, we investigate potential third parties like equipment manufacturers or subcontractors for additional liability. We file lawsuits before deadlines expire to maximize compensation from all sources.
New York law prohibits employer retaliation for filing claims, such as demotions or termination. If this occurs, we take action to safeguard your job and pursue claims for wrongful termination or discrimination.
We work on a no-win, no-fee basis, advancing all costs with no upfront payments. Our free initial consultation lets you discuss your case and options without obligation.
Brooklyn’s diverse economy employs hundreds of thousands of workers across construction sites, hospitals, warehouses, retail stores, restaurants, offices, and manufacturing facilities. While employers have a legal duty to maintain safe working conditions under OSHA regulations, workplace accidents continue to injure thousands of Brooklyn workers each year.
When you suffer a workplace injury, insurance companies and employers may pressure you to accept minimal compensation or return to work before you fully recover. You may feel overwhelmed by medical appointments, claim forms, and legal deadlines while dealing with pain and financial stress. Many injured workers don’t realize they have legal rights beyond basic workers’ compensation benefits.
At Parker Waichman LLP, we protect the rights of injured Brooklyn workers. Our Brooklyn personal injury attorneys investigate the circumstances of your workplace accident, identify all sources of compensation, and fight to maximize your recovery. We handle communications with insurance adjusters, gather medical evidence, represent you at Workers’ Compensation Board hearings, and pursue third-party claims when applicable.
New York’s workers’ compensation system provides a no-fault avenue for recovering medical benefits and wage replacement. However, workers’ compensation benefits represent only a portion of what you may recover. When a third party’s negligence contributed to your workplace injury, you can file a personal injury lawsuit to recover additional damages, including pain and suffering, full lost wages, and compensation for permanent disabilities.
Our Brooklyn workplace injury lawyers have the experience and resources to handle complex cases involving multiple defendants, disputed liability, and significant damages.
Brooklyn workers face diverse workplace hazards depending on their industry and job duties. According to the Bureau of Labor Statistics, thousands of workplace injuries occur annually in New York. Our firm represents injured workers across all sectors of Brooklyn’s economy.
Brooklyn’s ongoing development and infrastructure projects make construction one of the borough’s most hazardous industries. Construction workers face elevated risks from working at heights, operating heavy equipment, and working on active job sites with multiple contractors.
New York Labor Law Sections 240 and 241 provide important protections for construction workers injured in falls from heights or due to safety violations. These laws impose strict liability on property owners and general contractors, making it easier for injured construction workers to recover compensation through personal injury lawsuits in addition to workers’ compensation benefits.
Our experienced Brooklyn construction accident attorneys have extensive experience handling construction accident cases involving scaffolding collapses, ladder falls, crane accidents, and violations of New York’s construction safety regulations. We understand the complexities of New York Labor Law and how to maximize recovery for injured construction workers.
This type of injury develops over time from repeated motions or physical strain. These injuries include carpal tunnel syndrome, tendonitis, back injuries from lifting, and chronic pain conditions. Warehouse workers, healthcare professionals, office workers, and manufacturing employees commonly suffer these injuries.
Slip, trip, and fall accidents occur in nearly every work environment. Wet floors, uneven surfaces, inadequate lighting, cluttered walkways, and poor maintenance create fall hazards. These accidents can result in broken bones, head injuries, spinal damage, and soft tissue injuries.
This category covers incidents where workers are hit by falling objects, moving vehicles, or machinery. Workers can also become caught in or between equipment, leading to crushing injuries, amputations, and fatalities.
Burns and electrical injuries affect workers in construction, manufacturing, restaurants, and maintenance roles. Chemical burns, thermal burns, electrical shocks, and arc flash injuries can cause permanent scarring, nerve damage, and life-threatening complications.
This includes asbestos exposure, toxic chemical contact, hazardous material handling, and occupational diseases. These exposures may not cause immediate symptoms but can lead to serious illnesses, including cancer, respiratory diseases, and organ damage. The CDC’s NIOSH division provides extensive research on occupational health hazards.
These events often involve vehicle collisions, loading dock accidents, and injuries to delivery drivers. Brooklyn’s busy streets and commercial districts create significant risks for workers who drive or make deliveries as part of their job duties.
These result from forklift accidents, conveyor belt malfunctions, machinery failures, and repetitive motion tasks. Brooklyn’s industrial areas and distribution centers employ thousands of workers who face these hazards daily.
Although often underestimated, these injuries can still cause significant harm. Office workers suffer ergonomic injuries, slips and falls, and injuries from falling objects. Retail workers face risks from customer interactions, stocking merchandise, and operating equipment.
Many injured workers believe workers’ compensation provides their only option for recovering damages after a workplace accident. While workers’ compensation covers most workplace injuries, you may have additional legal options that significantly increase your total recovery.
Workers’ Compensation Claims operate under a no-fault system in New York. You can receive workers’ compensation benefits regardless of who caused your workplace accident, even if your own negligence contributed to the injury. Workers’ compensation provides medical benefits and wage replacement, but does not compensate you for pain and suffering or full lost wages.
The trade-off for this no-fault system is that you generally cannot sue your employer directly for workplace injuries covered by workers’ compensation. However, this limitation does not prevent you from pursuing other claims against third parties.
Third-Party Personal Injury Claims allow you to sue parties other than your employer when their negligence caused or contributed to your workplace injury. Third-party claims can recover damages not available through workers’ compensation, including pain and suffering, full lost wages, loss of enjoyment of life, and compensation for permanent disabilities.
Common third-party defendants in workplace injury cases include equipment manufacturers, property owners, subcontractors, delivery drivers, and maintenance companies. For example, if defective machinery caused your injury, you can file a product liability claim against the manufacturer while also receiving workers’ compensation benefits.
Pursuing both claims simultaneously often provides the maximum recovery for injured workers. Your workers’ compensation benefits provide immediate medical coverage and wage replacement while your personal injury lawsuit proceeds. If you recover damages through a third-party claim, the workers’ compensation carrier may have a lien for benefits paid, but you typically still receive significantly more compensation than workers’ compensation alone would provide.
Insurance companies employ teams of lawyers and adjusters who work to minimize claim payouts. Without experienced legal representation, you may accept inadequate settlements, miss critical deadlines, or overlook valid third-party claims. Our Brooklyn workplace injury lawyers level the playing field and fight for the full compensation you deserve. Review client testimonials to see why many individuals choose our firm for legal support.
Third-party personal injury claims provide opportunities to recover damages beyond workers’ compensation benefits. Identifying potential third-party defendants requires a thorough investigation of your workplace accident.
Product Liability Claims arise when defective equipment, machinery, tools, or safety gear cause your workplace injury. Manufacturers, distributors, and sellers can be held liable for injuries caused by design defects, manufacturing defects, or inadequate warnings. Product liability claims are particularly common in cases involving:
You can pursue product liability claims against manufacturers and sellers even if your employer purchased and maintained the equipment properly. The Consumer Product Safety Commission tracks defective products that may be relevant to your case.
Premises Liability Claims apply when you’re injured on property not owned by your employer. Property owners have a duty to maintain safe conditions and warn of known hazards. If you’re injured due to dangerous conditions on a third party’s property, you can file a premises liability claim. Common scenarios include:
New York Labor Law 240 (Scaffold Law) provides powerful protections for construction workers injured in elevation-related accidents. This law imposes absolute liability on property owners and general contractors for injuries resulting from falls from heights or falling objects on construction sites. Labor Law 240 applies to construction, demolition, repair, and alteration work.
The Scaffold Law eliminates comparative negligence defenses, meaning defendants cannot reduce your recovery by claiming you were partially at fault. This makes Labor Law 240 claims particularly valuable for injured construction workers.
New York Labor Law 241 requires property owners and contractors to comply with specific safety regulations established by the New York Industrial Code. Violations of these concrete safety standards can establish negligence in construction accident cases. Labor Law 241 covers a wide range of construction site hazards beyond elevation-related risks.
Negligent Subcontractors and Third Parties can be sued when their actions cause your workplace injury. If another company’s employee, a negligent subcontractor, or a third-party vendor causes your accident, you can pursue a personal injury claim against them. Examples include:
Toxic Exposure Cases often involve third-party manufacturers or suppliers of hazardous materials. If you develop an occupational disease from exposure to asbestos, toxic chemicals, or other harmful substances, you may have claims against the companies that manufactured, distributed, or supplied these materials. While the EPA regulates many environmental toxins and maintains databases of hazardous substances, workplace exposure to toxic materials is primarily regulated by the Occupational Safety and Health Administration (OSHA).
Additional Damages in Personal Injury Claims make third-party lawsuits valuable supplements to workers’ compensation. Through personal injury claims, you can recover:
Our Brooklyn workplace injury lawyers thoroughly investigate every case to identify all potential third-party claims and maximize your total recovery.
Taking the right steps after a workplace injury protects your health and preserves your legal rights. Follow these important guidelines:
Seek Medical Attention Immediately. Your health is the top priority. Get emergency treatment if needed, even if your injuries seem minor initially. Some serious injuries don’t show immediate symptoms. Follow all doctors’ recommendations, attend all medical appointments, and complete prescribed treatment plans. Your medical records provide important evidence for your claim.
Report Your Injury to Your Employer. New York law requires you to report workplace injuries to your employer within 30 days of the accident or from when you became aware that your injury is work-related. Report your injury as soon as possible, preferably in writing. Provide details about when, where, and how the injury occurred. Identify any witnesses. Keep a copy of your injury report for your records.
Delayed reporting can lead to claim denials or disputes about whether your injury is work-related. Don’t let embarrassment, fear of retaliation, or pressure from supervisors prevent you from reporting your injury promptly.
Document Everything. Thorough documentation strengthens your claim. Take photographs of the accident scene, your injuries, and any equipment or conditions that contributed to your accident. Get contact information for witnesses. Keep a journal documenting your symptoms, pain levels, medical appointments, and how your injury affects your daily life. Save all medical bills, receipts, and correspondence related to your injury. Document any lost wages or time off work.
File a Workers’ Compensation Claim. You must file a formal workers’ compensation claim with the Workers’ Compensation Board within two years of your injury (or the date you became aware of an occupational disease). Your employer should provide claim forms (Form C-3). Complete these forms accurately and thoroughly. Submit them to the Workers’ Compensation Board and keep copies of all filed documents.
Don’t assume your employer will file the claim for you. Take responsibility for making sure your claim is properly filed within the deadline.
Consult with a Brooklyn Workplace Injury Lawyer. Contact an experienced attorney as soon as possible after your injury. Our free consultation allows you to understand your legal options, learn about the value of your claim, and get guidance on dealing with insurance companies. Early legal representation protects your rights from the start and prevents costly mistakes.
Preserve Evidence. Don’t discard damaged clothing, equipment, or other physical evidence related to your accident. Keep defective products that caused your injury. Maintain records of safety violations or complaints you made before your accident. Document any employer retaliation or pressure related to your claim.
Follow Your Treatment Plan. Attend all medical appointments, follow your doctor’s orders, and complete physical therapy or rehabilitation programs. Non-compliance with treatment recommendations can hurt your claim. Insurance companies may argue you’re not seriously injured if you miss appointments or fail to follow treatment plans.
If you cannot afford the recommended treatment, inform your attorney. We can help work toward getting your workers’ compensation coverage to provide necessary care.
What NOT to Do:
Following these steps protects your health, preserves your legal rights, and maximizes your chances of receiving full compensation for your workplace injury.
To help you better understand your rights and options, we’ve answered some frequently asked questions about Brooklyn workplace injuries.
Under New York law, you must report your workplace injury to your employer within 30 days of the accident or from when you became aware that your injury or illness is work-related. For occupational diseases that develop gradually, the 30-day period begins when you know or should have known the condition is work-related.
While you have up to two years to file a formal workers’ compensation claim with the Workers’ Compensation Board, reporting to your employer promptly is important. Delays in reporting can lead to claim denials or disputes about whether the injury is work-related. Insurance companies may argue that injuries reported weeks or months after an accident didn’t actually occur at work.
Report your injury in writing if possible and keep a copy for your records. Include the date, time, location, and description of how the injury occurred. Identify any witnesses. If your employer refuses to accept your injury report or discourages you from reporting, document these interactions and consult an attorney immediately.
Generally, you cannot sue your employer directly for a workplace injury in New York. Workers’ compensation is an exclusive remedy system, meaning you receive workers’ compensation benefits instead of suing your employer in court. This trade-off provides you with no-fault benefits regardless of who caused the accident, but limits your ability to sue your employer for additional damages.
However, important exceptions exist. You may be able to sue your employer directly if they don’t carry the required workers’ compensation insurance. New York law requires most employers to maintain workers’ compensation coverage. If your employer fails to carry this insurance, you can file a personal injury lawsuit against them.
Additionally, while you cannot sue your employer, you can pursue personal injury claims against third parties whose negligence contributed to your injury. These third-party claims can recover damages not available through workers’ compensation, including pain and suffering and full lost wages. Common third-party defendants include equipment manufacturers, property owners, subcontractors, and negligent drivers.
If your workers’ compensation claim is denied, you have the right to appeal the decision. The appeals process involves requesting a hearing before a Workers’ Compensation Law Judge. At the hearing, you can present medical evidence, witness testimony, and arguments supporting your claim. The insurance company will also present their case explaining why they denied your claim.
Having an attorney represent you significantly improves your chances of success on appeal. Our attorneys gather compelling medical evidence, prepare witnesses, cross-examine insurance company witnesses, and present persuasive legal arguments to the judge.
Common reasons for workers’ compensation denials include missed reporting deadlines, insufficient medical evidence linking your injury to work, disputes about whether the injury occurred during employment, pre-existing condition arguments, and allegations that you were intoxicated or violated safety rules intentionally.
In New York workers’ compensation cases, you generally must treat with doctors authorized by your employer’s insurance company, at least initially. The insurance carrier maintains a network of approved healthcare providers, and you must receive treatment from these authorized doctors for your care to be covered under workers’ compensation.
However, you have the right to request a change of physician if you’re not satisfied with your treatment. You can file a request with the Workers’ Compensation Board to change to a different authorized provider. The Board will consider your request and may approve a change if you have legitimate concerns about your current treatment.
For emergency treatment, you can go to any hospital or doctor. Emergency situations don’t require prior authorization. However, notify your employer as soon as possible after receiving emergency care.
If you’re also pursuing a third-party personal injury claim, you have more freedom to choose your treating physicians for that case. Personal injury claims are not subject to the same restrictions as workers’ compensation regarding authorized providers.
New York’s workers’ compensation system is a no-fault system, which means you can receive benefits even if you were partially or entirely at fault for your workplace accident. Your own negligence or mistakes generally do not prevent you from recovering workers’ compensation benefits. This no-fault approach provides important protections for injured workers.
However, limited exceptions exist. You may be denied workers’ compensation benefits if intoxication by drugs or alcohol was the sole cause of your workplace injury. However, this is a difficult standard for employers to prove. Even if you were intoxicated, you can still receive benefits if other factors contributed to your injury, such as unsafe working conditions, equipment failures, or employer negligence. The insurance company bears the burden of proving intoxication was the sole cause, which courts characterize as a heavy burden.
If you’re pursuing a third-party personal injury claim in addition to workers’ compensation, New York’s comparative negligence law applies. Under comparative negligence, your recovery may be reduced by your percentage of fault, but you can still recover as long as you’re not 100% at fault. For example, if you’re found 20% at fault for your accident, your damages award would be reduced by 20%.
Even if you believe you may have contributed to your accident, don’t assume you have no claim. Many factors contribute to workplace accidents, and employer negligence, safety violations, or third-party negligence often play significant roles. Consult with our Brooklyn workplace injury lawyers to understand your rights and options.
The value of your workplace injury case depends on many factors, including the severity of your injuries, the extent of your medical treatment, your lost wages, whether you have permanent disabilities, your age and occupation, and whether third-party claims are available in addition to workers’ compensation.
Workers’ compensation benefits are calculated based on your average weekly wage and provide two-thirds of your wages, plus full medical coverage. For permanent disabilities, New York law assigns specific values to different body parts and impairments. Your workers’ compensation benefits may range from thousands to hundreds of thousands of dollars, depending on your injury severity and permanency.
If you have a viable third-party personal injury claim, you may recover additional compensation for pain and suffering, full lost wages, loss of enjoyment of life, and other damages not available through workers’ compensation. Third-party claims can significantly increase your total recovery, sometimes by hundreds of thousands or even millions of dollars in severe injury cases.
Factors that increase case value include severe or permanent injuries, extensive medical treatment, significant lost wages, clear liability, and sympathetic circumstances. Cases involving catastrophic injuries such as paralysis, traumatic brain injuries, amputations, or severe burns typically have the highest values.
An experienced attorney can evaluate your specific case and provide an estimate of its value during a free consultation. We consider all aspects of your injuries, treatment, and losses to determine what compensation you should pursue.
While you’re not required to have a lawyer for a workers’ compensation claim, having experienced legal representation significantly increases your chances of receiving full benefits. Insurance companies have lawyers and adjusters protecting their interests, and you should have someone protecting yours.
An attorney helps your claim get filed correctly and on time, gathers necessary medical evidence to support your claim, negotiates with insurance adjusters for fair benefits, represents you at Workers’ Compensation Board hearings, appeals denied claims, and identifies potential third-party claims you may not know about.
Insurance companies use various tactics to minimize claim payouts. They may dispute the severity of your injuries, argue that your condition is not work-related, pressure you to return to work prematurely, or offer inadequate settlements. Without legal representation, you may not recognize these tactics or know how to respond effectively.
Most workplace injury lawyers, including our firm, work on a contingency fee basis. You pay nothing unless you recover compensation. This arrangement makes quality legal representation accessible to all injured workers regardless of their financial situation.
Given the complexity of workers’ compensation law, the tactics insurance companies employ, and the potential for third-party claims, legal representation is highly recommended. The difference in your recovery often far exceeds the attorney fees, making representation a valuable investment in your case.
Contact Parker Waichman LLP today for a free consultation about your Brooklyn workplace injury case. We’ll evaluate your claim, explain your legal options, and help you make an informed decision about representation.
If you suffered a workplace injury in Brooklyn, don’t handle the legal system alone. The attorneys at Parker Waichman LLP have the experience, resources, and commitment to fight for the full compensation you deserve. Contact 800-968-7529 today for a free consultation.
We also maintain offices throughout New York, including locations in Manhattan, Queens, Port Washington, and Melville, as well as offices in New Jersey and Florida.
Parker Waichman LLP
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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
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