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Frequently Asked Questions

Filing a claim is the only way to officially secure your rights. It guarantees that your medical bills are covered and provides you with cash benefits to replace lost wages while you recover. Without a claim, you risk paying for a workplace injury out of your own pocket.

Generally, you are entitled to three main categories of benefits:

 

  • Medical Treatment: 100% coverage for all necessary care related to the injury.

  • Cash Benefits: A portion of your lost weekly wages (typically two-thirds of your average weekly wage).

  • Schedule Loss of Use (SLU): A cash award for permanent damage to a specific body part (like an arm, leg, or finger).

Yes. If a work-related injury or illness results in death, the surviving spouse and/or minor children are entitled to weekly cash benefits. The family may also receive an allowance for funeral expenses.

You must notify your employer of the accident within 30 days, but you do not rely on them to file the claim for you. You (or your attorney) must file a claim form (Form C-3) directly with the Workers’ Compensation Board to open your case.

File the claim anyway. It is illegal for an employer to discourage you from filing or to retaliate against you for doing so. If your employer refuses to report the injury, contact us immediately; we will file the necessary paperwork directly with the Board.

You are still protected. In New York, the Uninsured Employers’ Fund exists specifically to pay benefits to injured workers whose employers failed to carry the required insurance. We can help you navigate this specific type of claim.

Yes. This is called an Independent Medical Exam (IME). While you must attend, remember that the IME doctor works for the insurance company, not you. It is crucial to have your own treating physician documenting your injury to counter the IME’s findings.

The insurance company has a team of lawyers working to minimize your payout or deny your claim. An attorney ensures your Average Weekly Wage is calculated correctly, fights for denied medical treatments, and negotiates the maximum possible settlement for your permanent injuries.

Benefits are typically based on your Average Weekly Wage (AWW) for the 52 weeks prior to your injury. This calculation should include not just your base pay, but also overtime, bonuses, and the value of room and board if provided.

Yes. Overtime is a critical part of your Average Weekly Wage. If the insurance company calculates your benefits using only your base hourly rate, they are likely underpaying you. We ensure all your earnings are included.

If your injury is expected to keep you out of work for a year or more, you should consider applying. You can receive both Workers’ Compensation and Social Security Disability benefits, though there may be an “offset” calculation involved.

This is a unique identifier assigned to your claim by the State Board. You will need this number for all correspondence, medical appointments, and hearings. If you haven’t received one yet, your claim may not be officially indexed.

It is often covered by both. Workers’ Compensation is primary for medical bills and lost wages. However, you may also have a separate “Third-Party Lawsuit” against the at-fault driver, which can result in a significantly larger settlement for pain and suffering.

These are the most common and often the most debilitated workplace injuries. Because spinal damage can appear minor at first but worsen over time, it is vital to get an MRI and specialist review immediately. We ensure the insurance carrier authorizes the necessary diagnostic tests rather than just dismissing it as a “strain.

Traumatic Brain Injuries (TBIs) from falls or falling objects can affect your ability to work for life. Symptoms like memory loss, dizziness, and mood changes often go undocumented in initial urgent care visits. We fight to ensure your claim acknowledges the full neurological impact of the accident, not just the physical wound.

If you drive for a living—whether as a delivery driver, trucker, or visiting nurse—a crash is a workplace injury. These cases are complex because they involve two systems: Workers’ Comp (for immediate benefits) and Civil Court (for suing the other driver). We manage both to ensure you don’t leave money on the table.

Eligibility generally relies on two main factors:

 

  • Medical Condition: You must have a severe physical or mental condition that prevents you from working for at least 12 months or is expected to result in death.

  • Work History: For SSDI, you typically need to have worked and paid Social Security taxes for five of the last ten years. If you haven’t worked enough but have limited income/resources, you may qualify for SSI instead.

You can apply in three ways:

 

  1. Online: Visit the Social Security Administration (SSA) website.

  2. By Phone: Call the SSA national toll-free number.

  3. In-Person: Visit your local Social Security field office. Note: In New York, the Division of Disability Determinations (DDD) will review your medical evidence. Having an attorney assist with the initial application can help ensure your file is complete and accurate.

Social Security regulations are complex, and the majority of initial applications are denied. A lawyer can:

 

  • Build Your Case: We gather the specific medical evidence judges look for.

  • Navigate Appeals: If denied, we manage the strict deadlines and represent you at hearings.

  • No Risk: We work on a contingency basis—we only get paid if you win.

Do not panic—denials are very common, even for valid claims.

  • The Next Step: You generally have 60 days to file an appeal.

  • Don’t Re-apply: It is usually better to appeal a denial than to start a new application, as you may lose out on retroactive back pay. Contact us immediately to review your denial letter.

Your monthly benefit amount is not based on how severe your disability is, but on your lifetime average earnings:

 

  • SSDI: Calculated based on the Social Security taxes you paid during your working years.

  • SSI: A set federal benefit rate which may be supplemented by the State of New York depending on your living arrangements.

Yes, but with strict limits. The SSA allows for a “Trial Work Period” where you can test your ability to work without losing benefits immediately. However, if your earnings exceed the “Substantial Gainful Activity” (SGA) limit set by the SSA, your benefits could be affected. Always consult with us before returning to work to protect your eligibility.

Yes. Construction companies are required to secure their sites, including deep pits and tall structures, from the public. If proper fencing or signage was missing and you were injured as a pedestrian or passerby, you may have a valid personal injury claim due to negligence.

Absolutely. As stated in our overview, even “soft tissue” injuries can become debilitating over time or lead to chronic conditions. It is safer to have an attorney review your medical situation immediately rather than assuming the injury is too small to warrant compensation.

In many cases, yes. If you were injured on the job, you are likely entitled to Workers’ Compensation. However, if a third party (not your direct employer) caused the accident—such as a different subcontractor or equipment manufacturer—you may also be able to file a Personal Injury lawsuit. We help with the strategic planning to maximize both.

We have a reputation for being prepared. We diligently gather documented evidence regarding specific construction code violations, lack of safety gear (like unsecured ladders), and proof of hazardous conditions to present a strong claim in court.

First, seek medical attention for your injuries. Then, contact us at 718-714-8542 before speaking to insurance adjusters. We will review your claim to ensure you don’t say anything that could devalue your potential compensation.

Potentially. Many employers incorrectly classify employees as “salaried” to avoid paying overtime. If you do not have high-level management duties, you may still be eligible for overtime pay under the Fair Labor Standards Act (FLSA).

Unfair performance evaluations are often used as a pretext for termination. If the review was used to mask discrimination or retaliation, we can help you challenge it and advocate for reinstatement or compensation.

We represent teachers in 3020-A hearings and handle discrimination complaints against school districts. We specialize in cases where tenured teachers are replaced by younger staff (age discrimination) and advocate directly with the National Labor Relations Board.

Yes, if the termination violated the law. While “at-will” means you can be fired for any reason, you cannot be fired for an illegal reason—such as discrimination, whistleblowing, taking FMLA/military leave, or refusing to perform an illegal act.

Yes. In addition to slip-and-falls or construction accidents, we handle claims for long-term conditions caused by the work environment, such as Repetitive Trauma Injuries (like carpal tunnel), chemical exposure, and Post Traumatic Stress Disorder (PTSD).

We will review it to ensure it is fair. Bronnberg & Henriquez PC is not intimidated by insurance carriers or large companies. If a reasonable settlement cannot be reached, we are fully prepared to litigate your case in court.

Yes. Construction companies are required to secure their sites, including deep pits and tall structures, from the public. If proper fencing or signage was missing and you were injured as a pedestrian or passerby, you may have a valid personal injury claim due to negligence.

Absolutely. As stated in our overview, even “soft tissue” injuries can become debilitating over time or lead to chronic conditions. It is safer to have an attorney review your medical situation immediately rather than assuming the injury is too small to warrant compensation.

In many cases, yes. If you were injured on the job, you are likely entitled to Workers’ Compensation. However, if a third party (not your direct employer) caused the accident—such as a different subcontractor or equipment manufacturer—you may also be able to file a Personal Injury lawsuit. We help with the strategic planning to maximize both.

We have a reputation for being prepared. We diligently gather documented evidence regarding specific construction code violations, lack of safety gear (like unsecured ladders), and proof of hazardous conditions to present a strong claim in court.

First, seek medical attention for your injuries. Then, contact us at 718-714-8542 before speaking to insurance adjusters. We will review your claim to ensure you don’t say anything that could devalue your potential compensation.

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