Workers' Compensation Cases

Many builders risk their lives every day on dangerous scaffolds, ladders and roofs. Crews clean our venting systems and rid our buildings of hazardous materials to keep others safe and healthy. Many people work in overcrowded factories that are fire hazards or in restaurants for unfair and illegally low wages. At Bronnberg & Henriquez PC, we understand the important and dangerous role that the workers play in New York. This is why when a worker is injured, our attorneys provide the highest level of attention and respect.
Workers' Compensation Cases

If you have an accident at work:

Bronnberg & Henriquez PC will answer questions and create a strategy to manage any unexpected injury and loss of income. Our team consists of attorneys and paralegals who have assisted injured workers for decades. Our attorneys use a periodic review system combined with our knowledgeable, supportive and attentive team to represent our clients and obtain successful results.

If You Have Suffered A Workplace Injury, We Can Help

Bronnberg & Henriquez PC will answer questions and create a strategy to manage any unexpected injury and loss of income. Our team consists of attorneys and paralegals who have assisted injured workers for decades. Our attorneys use a periodic review system combined with our knowledgeable, supportive and attentive team to represent our clients and obtain successful results.

A work injury can include:

If You Have Suffered A Workplace Injury, We Can Help

Our attorneys will investigate whether your accident was caused by another person’s mistake, due to faulty equipment or because of any other hazard on a construction site. Workers can have accidents caused by a slip and fall, a motor vehicle or a fall from a height such as a scaffold or ladder.

Bronnberg & Henriquez PC is here to assist you. Our attorneys have more than 30 years of combined legal experience and will be by your side to advocate on your behalf against the insurance carrier’s attorneys. We will: 

At Bronnberg & Henriquez PC, we offer a free consultation in our Queens and Long Island offices. We will listen to your concerns and work with you to create a plan to find a satisfactory resolution to your issue. We understand that an unexpected injury and inability to work can be devastating for your family.

There is no fee unless we recover money for you. Call Bronnberg & Henriquez PC at 718-714-8542 or fill out our online contact form below and a lawyer will get back to you promptly. 

WORKERS' COMPENSATION FAQ

A claim protects some of your wages and pays for medical care, physical therapy, rehabilitation and medications
You are entitled to medical benefits and compensation benefits. The insurance carrier will be liable for lifetime medical benefits, including hospitalization, doctor, nurse and chiropractic services, and dentist services. Your treatment may also involve physical therapy, x-rays or other scans, durable medical goods and prescribed drugs. These will also be covered. Compensation benefits are two-thirds of the average weekly wage in the state of New York.
Yes. If an injured worker dies from a job-related injury, the surviving spouse and minor children or dependents are entitled to death and survivor benefits and if the decedent had a permanent injury which disabled the worker from work, recent case law found that the surviving spouse and minor children are entitled to the balance of the amount due on the cap.
First, get medical attention, and then inform your employer of your injury within 30 days. Once you fill out the forms, it is your employer’s responsibility to fill out the required paperwork. You may also have to file a separate claim.
If your boss threatens you, do not respond; instead, consult a lawyer. Your consultation is completely private and free with Bronnberg & Henriquez PC. Your lawyer will tell you what your case is worth, and you can decide if you want to file.
Some employers, particularly in construction, break the law by not having insurance. That will not affect your right to obtain compensation and treatment. New York has a special division to cover your injuries.
Yes. If there is a dispute, you may be required to have an independent medical examination (IME) by a doctor. You must receive advance written notice and you may have your own doctor, dentist or chiropractor present. Refusing the exam can mean a denial of compensation.
Things do not always go smoothly with workers’ compensation and employers. An employer may fight your right to benefits. It is therefore important to keep documentation of your injury and all medical bills and records. An attorney can work to ensure that just compensation is pursued and collected.
The average weekly wage (AWW) is calculated by your wages earned divided by the number of weeks worked. If you earned a salary, then your weekly salary is your AWW. If you worked hourly, five days per week, for a full year at the same job, then your AWW is calculated using the 260 multiplier. Take your wages in the year prior to the injury and divide that number by the actual number of days you worked to get your daily wage. Then, take your daily wage and multiply it by 260. Divide that amount by 52 to get your average weekly wage.
Yes, overtime is included when calculating your average weekly wage. With factoring in your overtime, you could be entitled to a higher rate of compensation. Concurrent emolument (a second job) will also be included with some exceptions.
Yes. If you are 18 years of age or older and are not currently receiving benefits, and are unable to work because of a medical condition, you may be eligible. Speak with a lawyer who works with Social Security Disability if you are unsure of your eligibility or if you have been denied benefits.
The WCB manages records and hearings for claims made by claimants by using a unique number for each case. Each insurance carrier has a case number to identify your claim.
If you were injured in the course of employment while driving, as passenger or as a pedestrian, typically you will be covered by your employer’s workers’ compensation insurance for medical and compensation benefits. If you are unsure of your specific case, consult an attorney who works in workers’ compensation to receive an accurate assessment.
HURT ON THE JOB: COMMON WORKPLACE INJURIES

Serious workplace injuries are far too common in the U.S. It is estimated that over 4,000 workers are killed on the job each year, and millions more suffer non-fatal but serious injuries. This is why compensation for medical care, including disability benefits and vocational rehabilitation, is available through the New York Workers’ compensation system. It does not matter who is at fault for the injury.

At Bronnberg & Henriquez PC, we have decades of experience helping injured workers organize and locate the documents and evidence needed to support their claim and negotiate a settlement, and we offer legal representation for disputed claims. 

Typical workplace injuries include:

The Top 10 Most Frequently Violated OSHA Standards

Employers have a duty to ensure a safe and hazard-free workplace. Not all employers do. The U.S. Department of Labor cites the Top 10 most frequently violated standards violated as:

  1. Fall protection

  2. Hazard communication

  3. Secured scaffolding

  4. Respiratory protection

  5. Industrial trucks

  6. Control of hazardous energy

  7. Ladders

  8. Electrical wiring methods, components and equipment

  9. Machinery and machine guarding

  10. Electrical systems

MORE INFO ON SPECIFIC WORKPLACE INJURIES

Many people put off hiring a lawyer until they have a problem: a dispute with their employer or the workers’ compensation insurance carrier. Waiting to get professional legal assistance for your back, neck or spinal cord injury can put you at risk of having your claim denied because you did not file on time or take the necessary steps to document your injury. At Bronnberg & Henriquez PC, we offer a free, no-obligation initial consultation to anyone who has been hurt on the job. We will help you understand your options.

The Lasting Effects Of A Spinal Injury
Back, neck and spinal cord injuries can have lasting effects on your ability to perform your job. In fact, sometimes these injuries may seem minor until weeks later. Certain jobs are more likely to produce these injuries.

Some of these jobs include:
-Nurses, aids and health care workers
-Construction workers
-Factory workers
-Landscaping and demolition

At Bronnberg & Henriquez PC, our job is simple: We work to ensure you receive the compensation benefits you deserve so that you and your family can survive while you are unable to work. We know how the system works. We know that insurance companies are not on your side and will downplay or minimize back and neck injuries to reduce your payments. For back, neck and spinal cord injuries, early and accurate assessment and proper medical treatment are all crucial.

Five Symptoms Of Back, Neck And Spinal Cord Injuries:
-Shooting pain, weakness or numbness in the legs
-Reduced range of motion
-Not able to walk or stand
-Not able to bend or lift
-Sleeplessness or depression

With decades of representing workers who have back and neck injuries, the attorneys at Bronnberg & Henriquez PC understand both the legal and medical legal aspects of these injuries and claims. We will work to ensure that you receive the medical care you need, including medication, physical therapy, pain management and, when necessary, surgery. We will see that you have access to needed specialists such as neurologists and therapists.

Typical Injuries Covered Under Workers’ Compensation

Our lawyers have experience with the full spectrum of back, neck and spinal cord injuries, including:
-Paraplegia and quadriplegia
-Cervical fracture such as a broken neck
-Fractured vertebrae and tailbone
-Herniated disk or ruptured disk
-Back strain and lumbar strain
-Neck sprain and whiplash
-Back pain, spasms and sciatica

Working with Bronnberg & Henriquez PC at the very beginning of your case can protect your claim and ensure you are not taken advantage of by the insurance company or your employer. It costs you nothing to work with us because we do not charge an upfront fee but only collect if you collect. 

Nearly 2 million people suffer from a brain injury each year in this country. Over half of these injuries require hospitalization.
Head injuries are also called traumatic brain injury (TBI), head trauma or a concussion. Common causes of head injury include car crashes, work accidents, falls, construction site accidents and workplace accidents. Head injuries can be serious and result in prolonged or non-reversible brain damage. This can occur as a result of bleeding, due to nerve cell damage or as the result of an infection. At Bronnberg & Henriquez PC, we have helped numerous people in New York recover damages and workers’ compensation after they suffered a brain injury or head trauma.

Brain Trauma And Head Injury Signs

Brain injuries and head trauma are not always immediately obvious. There are physical, emotional and cognitive symptom of head trauma. The signs can appear hours, days or even longer after an injury.

The physical symptoms include:
-Dizziness
-Blurred vision
-Headaches
-Loss of vision

The cognitive symptoms of a traumatic brain injury involve:
-Memory loss
-Disorientation
-Inability to focus or concentrate

The emotional signs of a brain injury are:
-Agitation and irritability
-Depression
-Personality changes
-Dramatic changes in appetite

Brain Trauma Can Happen Without Any Impact
A person does not need to be struck on the head or knocked unconscious to suffer a brain injury. Studies have found that whiplash, which is very common in automobile and motorcycle accidents, also caused brain injury. If you or a loved one has been in a car accident and suffered whiplash, it is in your best interests to also be tested for injury to the brain. 

Each year there are over 5 million car crashes in the United States. The causes of these accidents are usually negligence, drunk driving and reckless driving.

Four Basic Elements Of Proof For Compensation

Drivers have a legal obligation to obey the rules of the road and to drive in a reasonable manner. This includes driving a safe speed, maintaining control of the vehicle, being aware of the conditions and surroundings, observing traffic signals, signaling their turn and using their headlights. There are four basic elements that car accident victims must prove in order to recover compensation.

These elements are:
-Duty
-Breach
-Causation
-Harm

Motor Vehicle Accidents And The Law

Drivers must exercise reasonable care under the circumstances when operating a motor vehicle. Failure to use reasonable care is considered negligence. You may feel that another driver, a cyclist or a pedestrian acted carelessly, but you may not know which rule or law the other person violated. If it has been determined that a driver acted negligently, that driver may be required to pay damages, either to a person or property, caused by that negligence.

To determine auto accident fault and negligence, we will gather:
-Witness testimony
-All police reports related to the accident
-Insurance company reports
-Your medical bills
-Any photos or video evidence

Car Accident Statute Of Limitations In New York

There is a time limit on how long you have to file a lawsuit for an injury after an accident. Under New York Civil Practice Laws & Rules Section 214, this time is three years from the date of the accident. If you are injured in a car crash as the driver, passenger, motorcycle rider, bicyclist or pedestrian, you have three years to file a personal injury lawsuit.
If you have lost a loved one in a New York City car accident, the statute of limitations for filing a wrongful death claim is only two years from the date the victim passed away from injuries related to the accident.

We Pursue Full Compensation

Our attorneys will work tirelessly to see that you are fully compensated for all damages resulting from your injury. This compensation includes medical expenses and loss of property. You may also be able to recover current and future lost wages. In some cases, additional money is awarded for the pain and suffering a car accident victim experienced.

There Is No Fee Unless You Win

In car accident cases, the attorneys at Bronnberg & Henriquez PC will work with you on a contingent fee basis. This means you do not pay any attorney fees unless money is recovered for you. Our firm charges a percentage of the amount we recover after the settlement is paid. If you do not recover damages or money, then you do not pay any attorney fees or expenses. 

Small Enough To Care Big Enough To Win

with 40 years plus of law experience