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If you were hurt on the job in Queens, you may be entitled to workers’ compensation benefits that cover your medical treatment and a portion of your lost wages. New York law requires nearly all employers to carry workers’ compensation insurance under the no-fault system, which means you do not need to prove your employer’s wrongdoing or negligence to receive benefits. However, the claims process has strict deadlines, and even small errors on paperwork can result in delayed or denied benefits.
At K L Sanchez Law Office, P.C., Queens workers’ compensation attorney Keetick L. Sanchez helps injured workers throughout Queens and New York City recover the benefits they are owed. According to the New York State Workers’ Compensation Board, more than 165,000 workers’ compensation claims were filed statewide in 2024. Our personal injury attorneys understand the challenges injured workers face when dealing with insurance carriers, employer disputes, and complex WCB hearings.
This guide explains how workers’ compensation works in New York, what benefits you can receive, how to file a claim, and what to do if your claim is denied. Call K L Sanchez Law Office at (646) 701-7990 for a free consultation.
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I had a really good experience working with my lawyer Keetick Sanchez. She greatly helped me through a stressful time in my life and made the whole process go very smooth. Ms. Sanchez’s paralegal Sonia Espinoza was always available and took the time to answer all of my questions. Neither of them ever rushed me through anything, rather they provided me with thoughtful support and advice.
Workers’ compensation is a state-mandated insurance program that provides medical care and wage replacement to employees who are injured or become ill because of their jobs. The system operates on a no-fault basis, so you do not need to show that your employer caused your injury. In return, employees generally cannot sue their employers for workplace injuries.
Under the New York Workers’ Compensation Law (WCL), virtually all employers in the state must carry workers’ compensation coverage. This includes full-time, part-time, and even temporary workers. Independent contractors are generally not covered, although some employers misclassify employees as contractors to avoid providing benefits. If you believe you have been misclassified, an attorney can help you determine your actual employment status.
Key Takeaway: Workers’ compensation in New York is a no-fault system that covers medical care and lost wages for employees injured on the job. You do not need to prove your employer was at fault to receive benefits.
New York’s workers’ compensation system provides several categories of benefits to injured workers. Understanding what you are entitled to can help you make informed decisions about your claim.
Workers’ compensation covers all necessary medical treatment related to your workplace injury. This includes emergency care, hospital stays, surgeries, prescription medications, physical therapy, and medical equipment.
Treatment must be provided by a Workers’ Compensation Board-authorized health care provider and is generally provided at no cost to you. In most cases, you can choose your own Board-authorized provider; however, if your employer uses a Board-certified Preferred Provider Organization (PPO), you may be required to treat within the PPO for the first 30 days (except in emergencies).
If your injury prevents you from working, you are entitled to weekly cash benefits. The formula is two-thirds of your average weekly wage (AWW) multiplied by your percentage of disability. For injuries occurring between July 1, 2025, and June 30, 2026, the maximum weekly benefit is $1,222.42. For injuries on or after January 1, 2025, the minimum weekly benefit is $325. Cash benefits generally aren’t payable for the first seven days of disability. If your disability lasts more than 14 days, benefits are paid retroactively back to your first day of disability.
The Workers’ Compensation Board (WCB) classifies disabilities into four categories based on a medical evaluation:
If a workplace injury or illness results in death, the worker’s dependents may receive funeral expense reimbursement (up to $12,500 in NYC and certain downstate counties, and up to $10,500 elsewhere in New York State).
| Benefit Type | What It Covers | Amount / Duration |
|---|---|---|
| Medical Benefits | All authorized injury-related treatment | No out-of-pocket cost; duration until recovery or MMI |
| Temporary Total Disability | Full inability to work (temporary) | 2/3 of AWW (max $1,222.42/week for 2025-2026 injuries) |
| Temporary Partial Disability | Reduced earning capacity (temporary) | 2/3 of wage difference |
| Permanent Total Disability | Permanent inability to work | 2/3 of AWW; ongoing payments |
| Permanent Partial Disability | Lasting impairment (Schedule or Non-Schedule) | Based on impairment rating and body part |
| Death Benefits | Funeral costs + dependent support | Up to $12,500 funeral; 2/3 of AWW to dependents |
Key Takeaway: New York workers’ compensation provides medical care at no cost to you, plus wage replacement of two-thirds of your average weekly wage up to $1,222.42 per week for 2025-2026 injuries. Benefits vary based on whether your disability is temporary, permanent, total, or partial.
Keetick L. Sanchez can review your injury and help determine the full range of benefits you may be entitled to receive. Call K L Sanchez Law Office in Queens at (646) 701-7990 for a free consultation.
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I would like to thank the KL Sánchez group and the lawyer Sanchez, for helping my mother and myself to fight the lawsuit in a car accident which turned out to be favorable to us due to the experience and the good work done. Likewise for Sonita Espinoza, who is the paralegal who assisted me in this almost 2-year process. I highly recommend this defense group for car accident cases, criminal defense, construction falls. Thank you very much and God bless you for your good work. Edwin Morazan.
Filing a workers’ compensation claim in New York involves several steps with specific deadlines. Missing any of these deadlines can put your benefits at risk.
Workers in Queens can file claims and attend hearings at the New York State Workers’ Compensation Board Queens District Office, which handles cases for workers throughout the borough. Contact Keetick L. Sanchez at (646) 701-7990 if you need help filing your workers’ compensation claim in Queens.
Key Takeaway: You must report your injury to your employer within 30 days and file Form C-3 (Employee Claim for Compensation) with the WCB within two years. Missing these deadlines can result in a denied claim.
Workers’ compensation claims are governed by strict deadlines. Understanding these timelines can help you protect your right to benefits.
| Action | Deadline | What Happens |
|---|---|---|
| Doctor files medical report | Within 48 hours | Treating physician submits preliminary report to the WCB |
| Employee notifies employer | Within 30 days | Written notice of injury or illness to employer |
| Employer files report | Within 10 days of notice | Employer reports injury to WCB and insurance carrier |
| Employee files Form C-3 | Within 2 years | Formal claim submitted to the WCB |
| Insurance carrier responds | Within 18 days | Carrier accepts or contests the claim |
| Cash benefits waiting period | 7 working days | No cash benefits for first 7 days unless disability exceeds 14 days |
Key Takeaway: The most critical deadline is the 30-day window to notify your employer. Reporting your injury as soon as possible strengthens your claim and helps avoid disputes over whether the injury is work-related.
Workers’ compensation in New York covers a broad range of injuries and illnesses, provided they arise out of and in the course of employment. You do not need to be injured in a single dramatic accident. Conditions that develop gradually over weeks or months also qualify.
Common covered injuries include fractures, sprains, and strains from falls or heavy lifting. Back and neck injuries are particularly common among construction workers and warehouse employees. Burns from chemical exposure or equipment malfunctions, crush injuries from machinery, and head injuries from falling objects are also covered.
Occupational illnesses qualify as well. Workers exposed to hazardous materials may develop respiratory conditions, hearing loss from prolonged noise exposure, or skin disorders from chemical contact. Repetitive stress injuries like carpal tunnel syndrome, which affects office workers and assembly line employees, are also compensable under New York law.
Mental health conditions related to workplace trauma may be covered in certain circumstances, though these claims typically face greater scrutiny from insurance carriers. An attorney can help you understand whether your condition qualifies.
Key Takeaway: Workers’ compensation covers both sudden injuries (falls, burns, fractures) and conditions that develop over time (repetitive stress, occupational illness, hearing loss). The injury must be connected to your job duties or work environment.
K L Sanchez Law Office can help you document your injury and build a strong claim. Call (646) 701-7990 to speak with a Queens workers’ compensation attorney.
Queens has a diverse economy with several industries that consistently report high rates of workplace injuries.
Construction is one of the most dangerous industries in the borough. With ongoing high-rise development in Long Island City, infrastructure projects, and residential renovations across Queens, construction workers face daily risks from falls, scaffolding collapses, and heavy equipment accidents. New York Labor Law § 240 and 241(6) provide additional protections for construction workers injured in elevation-related accidents.
Healthcare workers at facilities like Elmhurst Hospital Center and NYC Health + Hospitals/Queens face injuries from patient lifting, needlestick incidents, slips on wet floors, and exposure to infectious diseases. Transportation and warehousing employees, particularly those working at JFK Airport cargo facilities and distribution centers throughout the borough, are at risk for musculoskeletal injuries, vehicle-related accidents, and repetitive motion injuries.
Manufacturing and industrial workers in areas like Maspeth encounter hazards from machinery, chemical exposure, and heavy materials. Restaurant and hospitality workers throughout Jackson Heights, Flushing, and Astoria commonly suffer burns, cuts, slips, and falls.
Key Takeaway: Construction, healthcare, transportation, manufacturing, and restaurant workers in Queens face elevated injury risks. Workers in these industries should understand their rights under New York’s workers’ compensation system.
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The legal office of Lawyer K L Sánchez, provided us with an excellent service with very qualified personnel, Lawyer Sánchez is a very professional, very qualified and very responsible person, in the same way Ms. Yenny is a very professional and qualified person, they They show interest and concern for your case and do not rest until it is 100% resolved, which I certainly recommend. For my part you have my gratitude and thanks.
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Yes. Insurance carriers deny workers’ compensation claims for several reasons, and a denial does not mean you have no options.
Common reasons for denial include disputes about whether the injury is work-related, claims that a pre-existing condition caused the symptoms, missed filing deadlines, incomplete medical documentation, and allegations that the employee was intoxicated at the time of the injury. Some employers may also claim the worker is an independent contractor who is not covered.
If your claim is denied, you have the right to appeal through the WCB. The Board will schedule a hearing where both sides present evidence, medical records, and testimony. A Workers’ Compensation Law Judge will review the case and issue a decision. If you disagree with that decision, you can appeal to the WCB’s full Board and, if necessary, to the Appellate Division of the New York State Supreme Court.
New York law also prohibits employers from retaliating against workers who file workers’ compensation claims. Under WCL § 120, it is illegal for an employer to fire, demote, or penalize you for exercising your right to workers’ compensation benefits.
Key Takeaway: A denied claim is not the end of the process. You have the right to appeal, and New York law protects you from employer retaliation for filing a workers’ compensation claim.
Keetick L. Sanchez of K L Sanchez Law Office represents workers in WCB hearings and appeals throughout Queens. Call (646) 701-7990 for a free case review.
Keetick L. Sanchez is a lifelong New Yorker who has built her legal career around protecting the rights of injured workers and accident victims. Before and during law school, she worked as a trial litigation paralegal for personal injury cases involving Labor Law §§ 240 and 241(6), motor vehicle accidents, and slip and fall accidents. After earning her J.D. from Touro College Jacob D. Fuchsberg Law School, she continued as a litigator at a New York City personal injury firm, where she investigated and prosecuted hundreds of cases.
Ms. Sanchez also gained experience in criminal law through an internship with the Nassau County District Attorney’s Office in the Street Narcotics and Gangs Bureau (S.N.A.G.), and in immigration law through the International Refugee Assistance Project (I.R.A.P.). She is admitted to practice in all New York courts and in the State of Texas.
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Dealing with the aftermath of a car accident was tough, but having this Keetick by my side made all the difference. Her skill in the courtroom and compassion during my recovery period were more than I could have asked for. Truly the best in Queens.
In most situations, workers’ compensation is your only remedy against your employer. This is called the exclusive remedy rule. You give up the right to sue your employer in exchange for guaranteed no-fault benefits.
However, you may be able to file a separate personal injury lawsuit against a third party, meaning someone other than your employer. Common examples include equipment manufacturers whose defective products caused your injury, property owners who failed to maintain safe conditions, or other contractors on a construction site whose negligence led to your accident.
Construction workers in Queens have additional protections under New York Labor Law. Section 240, known as the Scaffold Law, creates strict liability for property owners and general contractors when a worker is injured in an elevation-related fall. Section 241(6) requires compliance with specific safety codes at construction sites. These laws can provide compensation for pain and suffering, full lost wages, and other damages that workers’ compensation does not cover.
Key Takeaway: While you generally cannot sue your employer, third-party claims can provide additional compensation beyond workers’ comp benefits. Construction workers may have claims under New York Labor Law §§ 240 and 241(6).
Contact K L Sanchez Law Office at (646) 701-7990 to determine whether a third-party claim may apply to your situation.
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The WCB uses a specific formula to calculate your weekly benefit amount:
2/3 × Average Weekly Wage (AWW) × Percentage of Disability = Weekly Benefit
Your AWW is based on your earnings during the 52 weeks before your injury. The state sets a maximum and minimum weekly benefit that is updated annually. For injuries between July 1, 2025, and June 30, 2026, the maximum weekly benefit is $1,222.42, and the minimum is $325.
For Permanent Partial Disability, benefits depend on whether the injury involves a Schedule Loss of Use (arms, legs, hands, feet, fingers, toes, hearing, or vision) or a Non-Schedule Loss (head, back, neck, heart, lungs, or other organs). Schedule awards are based on a set number of weeks per body part. Non-schedule awards consider the worker’s loss of wage-earning capacity.
Medical benefits are separate from wage replacement and have no time limit. You are entitled to receive treatment for your work-related condition regardless of how long your disability lasts. In some cases, mileage reimbursement for medical appointments may also be available.
K L Sanchez Law Office, P.C. represents injured workers from our office in Jackson Heights at 37-06 82nd Street, Suite 304. We handle workers’ compensation cases for clients throughout Queens, including Astoria, Long Island City, Flushing, Corona, Elmhurst, Woodside, Sunnyside, Maspeth, Ridgewood, Jamaica, Rego Park, Forest Hills, Ozone Park, Howard Beach, Far Rockaway, Bayside, and surrounding communities.
We also represent workers across New York City, including Brooklyn, the Bronx, Manhattan, and Staten Island.
A workplace injury can affect every part of your life, from your ability to earn a living to your physical recovery and financial stability. Dealing with insurance companies, medical appointments, and WCB paperwork while you are in pain adds stress to an already difficult situation.
Queens workers’ compensation attorney Keetick L. Sanchez has handled hundreds of personal injury and workers’ compensation cases throughout Queens and New York City. At K L Sanchez Law Office, our workers’ compensation lawyers guide you through every step of the claims process, from filing your initial paperwork to representing you at WCB hearings at the Queens District Office. We handle disputes with insurance carriers and help you pursue the full benefits you are entitled to receive.
Call K L Sanchez Law Office, P.C. at (646) 701-7990 for a free consultation. Our Jackson Heights office serves injured workers throughout Queens, Brooklyn, the Bronx, Manhattan, and Staten Island. Se habla español.
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I would HIGHLY RECOMMEND! I will give more than 5 stars if I could! They are really so helpful and knowledgable. The team always made sure our case was up to date, especially YENNY. She’s one of a kind! She’s always there when I need her! So polite and so kind. We are so grateful to Attorney Sanchez and her team for winning our case!!! Thank you so much K L Sanchez Law Office!
You must notify your employer in writing within 30 days of the injury. For occupational illnesses, the 30-day period begins when you learn the condition is related to your work. Reporting as soon as possible strengthens your claim and avoids disputes about whether the injury occurred at work.
Your employer’s insurance carrier may have a preferred provider network. However, under New York law, you have the right to request a change of physician. If you are unsatisfied with the care you are receiving, an attorney can help you request authorization for a different doctor.
Employers who fail to carry required coverage face penalties, including fines and potential criminal charges. You may still be able to file a claim through the New York State Uninsured Employers Fund, which provides benefits to workers whose employers lack coverage.
No. Under WCL § 120, New York law prohibits employers from retaliating against employees who file workers’ compensation claims. If your employer fires, demotes, or penalizes you for filing, you may have grounds for a separate legal action.
Most workers’ compensation attorneys work on a contingency basis, meaning you pay no upfront fees. Attorney fees in workers’ compensation cases in New York are set by the WCB and are paid out of the benefits you receive, not in addition to them.
Workers’ compensation is a no-fault system that provides medical benefits and partial wage replacement without requiring you to prove negligence. A personal injury lawsuit requires proving someone else was at fault and can include compensation for pain and suffering, which workers’ comp does not cover. In some cases, you may be eligible for both.
Benefits equal two-thirds of your average weekly wage multiplied by your percentage of disability, subject to a state maximum. For injuries between July 1, 2025, and June 30, 2026, the maximum weekly benefit is $1,222.42.
Yes. If your job duties aggravated or accelerated a pre-existing condition, you may be entitled to benefits. The key question is whether the work activity contributed to the worsening of your condition. Medical documentation is important in these cases.
You have the right to request a hearing before a Workers’ Compensation Law Judge at the WCB. The judge will review the evidence and issue a decision. If you disagree, you can appeal to the full Board and, if necessary, to the Appellate Division. Keetick L. Sanchez can represent you throughout the appeals process.
Yes. Immigration status does not affect your eligibility for workers’ compensation benefits in New York. All employees are covered regardless of documentation status.
If your doctor clears you for light-duty or part-time work, you may return to work while still receiving partial benefits. Your wage replacement is adjusted based on the difference between your pre-injury earnings and your current reduced earnings.
Maximum Medical Improvement (MMI) is the point at which your condition has stabilized and is not expected to improve further with treatment. Once you reach MMI, your doctor will assess your permanent impairment, which determines your eligibility for permanent disability benefits.
Mental health claims are accepted in New York in limited circumstances, typically when they result from a specific traumatic work event rather than general job stress. These claims are more difficult to prove and often require strong medical documentation.
A Schedule Loss of Use (SLU) award compensates you for the permanent loss of function in a specific body part, such as an arm, leg, hand, foot, or finger. The award is based on a percentage of loss and a set number of weeks assigned to each body part under New York law.
The timeline varies significantly depending on the complexity of the case. Simple claims with undisputed injuries may be resolved in a few months. Contested cases involving disputes over causation, disability ratings, or denied claims can take a year or longer.
