Brooklyn Workers' Compensation Lawyers

Fighting for Injured Workers' Rights in Brooklyn for over 50 Years

Every worker deserves to feel secure in their job. When a workplace injury turns your life upside down, the Brooklyn workers’ compensation lawyers at Jacob D. Fuchsberg Law Firm are here to stand by your side. From navigating complex claims to pursuing maximum compensation, we bring decades of experience to every case.

When you work with our experienced legal team, you're not just getting a workers’ comp lawyer — you're gaining a dedicated advocate who will:

• Put your interests first: We work on contingency — you pay nothing unless we win your case.
• Fight insurance company tactics: We know their strategies and how to counter them effectively.
• Handle all paperwork: We manage every document and deadline so you can focus on healing.
• Maximize your benefits: We pursue every available avenue of compensation.
• Provide multilingual support: We offer services in English and Spanish languages.
• Represent union and civil servant workers: We proudly represent union members, city employees, and state workers, ensuring they receive full benefits.

How Are Workers’ Compensation Benefits Calculated?

Understanding how workers' compensation benefits are calculated can give you clarity and peace of mind during an already stressful time. While every case is unique, several standard factors are considered when determining the value of your benefits:

Determining Your Average Weekly Wage (AWW)

The foundation of your workers’ compensation benefits lies in your Average Weekly Wage (AWW). This is calculated by taking the total gross earnings — including regular wages, overtime, bonuses, and other compensation — over the 52 weeks prior to your injury. The total is then divided by 52 to determine your AWW. For work situations that don’t fit within the above scenario, different rules may apply. For example, if you work two jobs, the wages for your second job could be included in the calculation, increasing your AWW.

Calculating Your Compensation Rate

Once your AWW is determined, your compensation rate is typically set at two-thirds (66.66%) of that amount. However, the rate must fall within New York State's established limits.

• For claims filed between July 1, 2024, and June 30, 2025, the maximum weekly compensation rate is $1,171.46.

Duration of Benefits

The length of time you can receive benefits depends on the nature and severity of your injury:

• Temporary benefits: If you are temporarily unable to work, benefits continue until you recover enough to return to your job or reach maximum medical improvement (MMI).
• Permanent partial disability (PPD): For permanent but partial disabilities, the duration is determined based on the impairment’s severity and type. New York’s workers' compensation guidelines assign specific weeks of compensation for different injuries, which are multiplied by your compensation rate.
• Permanent total disability (PTD): If your injury leaves you permanently and totally disabled, you may be eligible to receive two-thirds of your AWW for the rest of your life.

Cost of Living Adjustments (COLA)

For long-term or ongoing benefits, cost-of-living adjustments may be applied to account for inflation, ensuring your compensation keeps pace with economic changes.

Common Types of Workplace Injuries We Handle

Our Brooklyn workers' compensation attorneys have extensive experience with all types of work-related injuries and illnesses, including:

Construction Accidents

Construction workers regularly face serious hazards, including falls from heights, scaffold collapses, and injuries from heavy machinery. Our attorneys have extensive experience with cases involving electrical injuries, falling objects, and accidents on construction sites throughout Brooklyn.

The Jacob Fuchsberg Law Firm was featured in CBS News New York for filing a lawsuit on behalf of construction workers who were injured during a construction site fire.

Healthcare Worker Injuries

We regularly represent healthcare professionals who suffer injuries from patient lifting, needle sticks, and workplace violence incidents. Our firm understands the unique challenges medical workers face and helps them secure compensation for both immediate injuries and long-term conditions.

Manufacturing & Warehouse Injuries

Manufacturing and warehouse employees often sustain injuries from forklift accidents, heavy machinery operations, and exposure to harmful substances. Our attorneys have successfully handled cases involving loading dock accidents, falling objects, and repetitive motion injuries common in these environments.

Office & Retail Worker Injuries

Office and retail workers frequently experience injuries from slips and falls, repetitive motions, and improper lifting techniques. We help workers get compensation for conditions ranging from chronic back pain to computer-related injuries that develop over time.

Maximize Your Compensation with Third-Party Claims

While workers’ compensation covers your medical expenses and lost wages, you may be entitled to additional compensation through a third-party claim. These cases arise when someone other than your employer contributed to your injury.

Examples of third-party claims:

• Defective equipment: Holding manufacturers accountable for unsafe machinery.
• Unsafe premises: Filing claims against negligent property owners.
• Negligent drivers: Pursuing compensation for work-related auto accidents.

Our workers’ compensation attorneys in Brooklyn will evaluate your case for potential third-party claims, which can provide additional compensation beyond workers' compensation benefits.

Taking Action After a Workplace Injury in Brooklyn

A workplace injury can leave you feeling overwhelmed and unsure about your next action. Here are common steps you should take:

• Seek medical care: Your health comes first. Get proper medical attention immediately.
• Report your injury: Notify your supervisor in writing within 30 days. We can help you properly document the incident.
• Document everything: Keep records of all medical visits, missed work days, and conversations about your injury.
• File a claim: Submit Form C-3 to the Workers' Compensation Board within two years.

How We Handle Your Case

At Jacob D. Fuchsberg Law Firm, we've guided thousands of injured workers through the complex workers' compensation process, and we're ready to help you protect your rights and secure the benefits you deserve.

• Free initial consultation: We review your case and explain your rights and options.
• Immediate investigation: We gather evidence, interview witnesses, and document the accident scene when applicable.
• Claims filing: We handle all paperwork and ensure deadlines are met.
• Medical coordination: We work with your healthcare providers to document your injuries properly.
• Benefits maximization: We identify and pursue all available forms of compensation.
• Settlement negotiation: We leverage our experience to secure the deserved settlement.
• Litigation if necessary: We're prepared to take your case to trial if that's what it takes to get fair compensation.

From your first call through the final resolution, our experienced team will stand by your side, keeping you informed and fighting for your rights while you focus on recovery.

Time Limits for Workers' Compensation Claims in Brooklyn

Don't risk losing your right to benefits. Important deadlines include:

• 30 days: To notify your employer of the injury
• 2 years: To file a claim with the Workers' Compensation Board
• 30 days: To appeal a denied claim

Additional deadlines may apply depending on your case. Contact us promptly to protect your rights.