NO FEES UNLESS WE WIN
NO FEES UNLESS WE WIN
$20+
Million Settled
$50+
Million Recovered
99%
Success Rate
Serving All Brooklyn Neighborhoods
Risk-Free Representation – No Fees Unless We Win Your Case!
A workplace fall may involve medical treatment, time away from work, and questions about who was responsible for the unsafe condition. If the fall happened while you were working in Brooklyn, workers’ compensation may cover a qualifying work injury, but the claim may not end there. When a property owner, contractor, or another outside party owed a legal duty and was responsible for the dangerous condition, a separate third-party claim may also be available.
Kucher Law Group handles claims involving unsafe floors, stairs, loading areas, and other property conditions. Our Brooklyn slip and fall lawyers can review the workers’ compensation issues alongside a possible third-party premises liability claim and identify which outside parties had responsibility for the area.
This page explains how Brooklyn workplace slip and fall claims can involve workers’ compensation and third-party liability, what workers should report to their employer, what site evidence matters, how building code issues can support a claim, and which deadlines can apply. Call Kucher Law Group at (929) 563-6780 for a free consultation about your workplace fall in Brooklyn.
Schedule a free consultation
Book an initial consultation with the top-rated Brooklyn personal injury firm, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
Why Choose Kucher Law Group
Your Injury Case is Our Top Priority
At Kucher Law Group, we understand that your injury case isn’t just another file. It’s your life. That’s why we treat every case with the utmost importance, dedicating our top-rated attorneys to fight for the justice and compensation you deserve.
Big Results and Personal Service
We pride ourselves on delivering big results while maintaining a personal touch. Our team combines deep legal knowledge and a proven track record with a commitment to providing individualized attention to each client. You’re not just a number to us; you’re a valued partner in our pursuit of justice.
Always Reliable, Always Responsive
When you need us, we’re there. Our attorneys are available 24/7 to answer your questions and provide support whenever you need it. We believe in being reliable and responsive, ensuring that you’re never left in the dark about your case.
We Don’t Get Paid Until You Do
Our confidence in our ability to secure favorable outcomes is reflected in our payment structure: you don’t pay a penny unless we win your case. We work tirelessly on your behalf, and our success is measured by your success.
Our Mission
At Kucher Law Group, we’re more than just a premier personal injury law firm in New York; we’re your steadfast advocates in seeking justice. Our trial attorneys are dedicated to fighting for the compensation you deserve. What sets us apart? We charge no upfront fees. If we don’t win your case, you don’t pay a penny. We’re here for you, 24/7, ready to provide support and answer any questions you may have when tragedy strikes. Trust in our commitment, confidence in our results, and our unwavering availability to our clients.
Client Testimonial
Julia Star
5.0
Great personal injury attorneys! Very knowledgeable, experienced and professional with clients. Honest and clear communication every step of the way. They achieve great results!
Need Help?
Book an initial consultation with top rated Brooklyn Personal Injury Attorneys, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
For workers’ compensation, a fall must arise out of and in the course of employment. It can happen at the employer’s workplace or at another location where the employee is carrying out work-related duties. Examples include a home health aide who slips on a wet lobby floor while visiting a client, a delivery driver who falls on an icy loading ramp during a delivery, or a porter who falls on a broken stair in a building where the porter is working.
The location matters, but ownership, control, and responsibility for the hazard matter more. A fall at an employer’s leased workplace can require review of the landlord, property manager, or maintenance contractor. A fall on a customer’s property does not create a third-party claim by itself. The evidence must connect the hazard to a party that owed a legal duty and whose negligence contributed to the fall.
In most covered workplace injury cases, workers’ compensation is the exclusive remedy against the employer. Workers’ Compensation Law § 11 creates an exception when an employer failed to secure required workers’ compensation coverage. A separate negligence claim can still exist against a responsible third party outside the worker’s employment.
Depending on who owned, occupied, controlled, or maintained the area, a claim can involve a property owner or another company that was legally responsible for the hazard. A maintenance or snow removal contractor is not liable simply because it had a service contract. Its liability depends on the work it performed, the scope of its duties, and how those duties relate to the dangerous condition.
The property owner is not always the only possible third party. Lease terms and service contracts can show which party had responsibility for cleaning, repairs, snow removal, or other maintenance when the fall occurred. Kucher Law Group can review those records and assess whether the facts support a separate third-party claim.
Client Testimonial
Macejkovic Jones
5.0
I was in an accident about a couple of years ago, and I was injured really badly. I went to a different law firm but they didn’t actually appear to care too much someone told me about this personal injury lawyer and said to come here instead. They were so nice, I’m so thankful I made the switch. After I changed my car accident lawyer, the entire process moved a lot easier and I was able to get a great settlement and received it quickly too. Definitely happy with my experience and will tell everyone to go here.
Workers’ compensation can cover medical treatment and part of lost wages for a covered injury arising out of and in the course of employment, without requiring proof of fault. The New York State Workers’ Compensation Board administers claims and resolves disputed issues.
Medical care for an accepted work injury is paid through the workers’ compensation system. An injured worker can receive immediate emergency treatment even from a provider who is not Board-authorized, while continued treatment must follow the applicable workers’ compensation rules. Wage replacement is based on factors that include average weekly wage and degree of disability, subject to statutory limits. These benefits do not include compensation for pain, suffering, or loss of enjoyment of life.
Kucher Law Group can review the injury report, medical records, wage information, and Workers’ Compensation Board filings for issues affecting medical treatment or wage benefits after a fall.
A third-party claim is a negligence claim against a person or company other than the employer that owed a legal duty connected to the dangerous condition. A property owner can face liability if it created the condition or had actual or constructive notice of it and the condition caused the fall. Constructive notice requires evidence that the condition was visible and apparent and existed long enough to be discovered and corrected.
An owner or other party in possession or control of property can have a duty to maintain the premises in a reasonably safe condition. An out-of-possession landlord is not automatically responsible for conditions on leased premises. Liability can arise when the landlord retained control and had a duty imposed by statute or assumed by contract or a course of conduct. A managing agent also requires a separate review of the control and maintenance duties it assumed.
A contractor does not owe a duty to every person on the property simply because it signed a maintenance or service contract. A contractor can face liability when its work creates or makes a dangerous condition worse, when an injured person relied on the contractor’s continued performance and was harmed because of that reliance, or when its agreement completely displaced the property owner’s duty to maintain the area. For example, a cleaning company that makes a floor more dangerous through its work can become part of a third-party claim.
Key Takeaway: A third-party claim can allow an injured worker to seek damages for pain and suffering, which workers’ compensation does not provide.
To learn more about claims involving unsafe property conditions, you can visit our Brooklyn premises liability page.
Schedule a free consultation
Book an initial consultation with the top-rated Brooklyn personal injury firm, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
Client Testimonial
Willow Dixon
5.0
After being involved in a rear-end collision with an uninsured driver, I was overwhelmed with anxiety and frustration. I was uncertain about the party responsible for my vehicle damages and injuries. Seeking assistance, I approached Kucher Law Group. Their expertise and knowledge were evident as they provided comprehensive explanations of all relevant details and information. Their guidance and support alleviated my stress and brought me a sense of tranquility. I am grateful to Kucher Law Group for their exceptional service.
Samantha Kucher is a founding attorney of Kucher Law Group and represents clients in personal injury matters, including workplace slip and fall claims. She earned her bachelor’s degree from New York University and her Juris Doctor from New York Law School. After law school, she volunteered with the New York County Family Law Pro Bono program, helping families who needed legal guidance. Her professional recognition includes selection as a Super Lawyers Rising Star and recognition by the National Trial Lawyers as a Top 40 Under 40 attorney.
She represents people injured in work-related falls involving building lobbies, stairwells, loading areas, and other unsafe property conditions. Her work includes investigating how the fall occurred, identifying responsible parties, and preserving evidence for a premises liability claim.
A trial attorney and co-founder of Kucher Law Group, Michael Roitman earned his Bachelor of Arts from New York University and his Juris Doctor from Western Michigan University Cooley Law School. He is admitted to practice in New York and New Jersey state courts and in the U.S. District Courts for the Southern and Eastern Districts of New York. Attorney Roitman has also been selected for the Rising Stars list for multiple years and was recognized by Super Lawyers for 2025 and 2026.
His practice includes slip and fall and premises liability cases involving property owners, insurers, and other responsible parties. In a work-related fall involving a possible third-party claim, he focuses on identifying the legal and factual issues and explaining each stage clearly to the client.
Alex Rybakov has more than a decade of experience in personal injury law, including slip and fall and premises liability matters. He earned his bachelor’s degree from New York University and later earned his Juris Doctor from Seton Hall Law School. Attorney Rybakov was also selected to the Super Lawyers Rising Stars list for multiple years, reflecting continued recognition for his work in personal injury law.
As a co-founder of Kucher Law Group, he takes the time to listen to the specific details of each workplace accident, using those facts to build a customized legal strategy. He emphasizes open, honest communication so clients know where their claims stand. By carefully investigating how a hazard was created, he works strategically to hold negligent parties responsible for the injuries they cause.
Need Help?
Book an initial consultation with top rated Brooklyn Personal Injury Attorneys, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
A worker can receive workers’ compensation benefits and pursue a third-party claim arising from the same fall. Workers’ Compensation Law § 29 gives the compensation carrier a lien against a qualifying third-party recovery for compensation and medical benefits it paid, after the required deduction of reasonable litigation expenses. A third-party recovery can also create a credit against future workers’ compensation benefits.
The lien is not simply deducted without considering litigation costs. Section 29 provides for equitable apportionment of reasonable attorney fees and case expenses between the worker and the carrier. A third-party settlement also has to account for the consent or court-approval rules in § 29(5). Settling without the required approval can jeopardize continued workers’ compensation benefits.
| Feature | Workers' Compensation Claim | Third-Party Claim |
|---|---|---|
| Main question | Is the fall a covered work injury? | Did a third party owe a duty and cause the fall through negligence? |
| Must you prove fault | No proof of negligence required | Yes |
| Medical care | Covered treatment for an accepted work injury, subject to workers' compensation rules | Medical expenses can be part of damages when legally recoverable and proven |
| Lost wages | Partial wage benefits, subject to workers' compensation rules and limits | Past and future lost earnings when legally recoverable and proven |
| Pain and suffering | Not available | Can be sought when legally recoverable and supported by the evidence |
| How the claims interact | Benefits can continue while a third-party claim is pending | A recovery can trigger the carrier's lien and future credit, and settlement approval rules can apply |
Workers’ Compensation Law § 18 requires written notice of a work injury to the employer within 30 days after the accident. The Board can excuse late or defective notice in circumstances listed in the statute, including when the employer had knowledge of the accident or was not prejudiced by the delay. Prompt written notice also creates a clear record of when and where the fall occurred.
Delayed reporting can also make a third-party claim harder to prove. A long gap can create disputes about when and where the injury occurred, especially when there is little other evidence documenting the fall.
The written notice should include the worker’s name and address, the time and place of the accident, the nature and cause of the injury, and a signature. For a workplace fall involving a possible third-party claim, it is also helpful to preserve the following details:
If an incident report is prepared, ask for a copy and keep it with your records. Call Kucher Law Group at (929) 563-6780 if you have questions before giving a recorded statement about the fall.
Evidence should show how the hazard arose and who was responsible. When notice is disputed, it should also show how long the condition existed before the fall. If the defendant created the dangerous condition, the worker does not also need to prove notice.
Surveillance footage can be important, but retention periods differ by building and system. Video can be overwritten, so a prompt preservation request can help protect footage before it is lost. Maintenance logs, inspection records, porter logs, and prior complaints can also help show how the area was maintained and what the responsible parties knew before the fall.
Photographs taken at the scene can document the condition before it is cleaned, repaired, or changed. If physically able, photograph the hazard, surrounding area, lighting, and any missing or damaged handrail.
Falls involving steps can raise separate questions about tread defects, handrails, lighting, and maintenance. Contact Kucher Law Group at (929) 563-6780 to discuss how unsafe stair conditions may affect your premises liability claim.
Client Testimonial
Mable Vella
5.0
Kucher Law Group is the best group of lawyers. Their law office staff is extremely helpful from starting my case to settling it. If you want to pick the best then hire this law firm. And if you definitely have to win your claim then this law office is the only choice. These are the guys that will get you there. I very strongly recommend them to anyone.
Learn More
Building code evidence can support a fall claim, but a code violation does not automatically prove negligence, causation, or notice. A prior Department of Buildings complaint or violation involving the same condition can support the notice analysis when it predates the fall and relates to the hazard that caused the accident.
Code requirements differ based on the building and the condition involved, so the applicable rule should be matched to the specific stair, handrail, lighting, or walking surface issue in the case. Our guide to Brooklyn building code violations and slip and fall cases explains how code provisions can be compared with measurements, photographs, and building records.
A New York personal injury negligence action is subject to a three-year limitations period under CPLR § 214(5), while a workers’ compensation claim arising from an accident is subject to the two-year filing rule in Workers’ Compensation Law § 28 and the separate 30-day employer notice rule in § 18.
Workers’ Compensation Law § 29 also has an assignment rule that can affect who controls a third-party claim. If a worker has taken compensation, does not start the third-party action within the period set by § 29, and the carrier gives the required written notice, the cause of action can be assigned to the carrier. This rule does not replace the ordinary negligence statute of limitations, but it can shift control of the third-party claim before that period expires.
Claims against New York City and some public entities have shorter notice and filing rules. For claims covered by General Municipal Law § 50-e and § 50-i, the Notice of Claim period is 90 days and the action must be commenced within one year and 90 days. Other public authorities and state entities can be governed by different statutes, so identifying the property owner early is important.
Missing a workers’ compensation or third-party deadline can jeopardize or bar a claim, so the applicable dates should be checked early. Call Kucher Law Group at (929) 563-6780 to confirm which deadlines apply to your Brooklyn fall.
Delaying a possible third-party investigation can make records or video harder to obtain and allow the accident site to change.
Other mistakes that can affect a claim include:
Kucher Law Group can review the reporting history, medical timeline, statements, and proposed settlement terms for issues that could affect either claim. Call (929) 563-6780 if you need guidance before signing a release or settlement document.
Kucher Law Group handles workplace fall claims involving properties throughout Kings County, including commercial buildings, residential properties, offices, stores, and other locations where employees perform their job duties.
We represent injured workers throughout Brooklyn, including Downtown Brooklyn, Dumbo, Williamsburg, Greenpoint, Bushwick, Bedford-Stuyvesant, Crown Heights, Park Slope, Sunset Park, Bay Ridge, Flatbush, Canarsie, Brownsville, Sheepshead Bay, and Coney Island.
Reporting the fall or receiving workers’ compensation benefits does not by itself resolve a possible third-party claim. Before agreeing to a settlement, it can be important to review possible third-party liability and how a recovery could affect workers’ compensation benefits.
Attorney Samantha Kucher and our team can review the circumstances of the fall, the workers’ compensation file, and available third-party evidence. When the facts support a separate claim, our Brooklyn slip and fall attorneys can pursue it while addressing lien and settlement issues that may affect the recovery.
Call Kucher Law Group at (929) 563-6780 for a free consultation, available 24 hours a day. Our office is located at 463 Pulaski St #1c, Brooklyn, NY 11221.
Risk-Free Representation – No Fees Unless We Win Your Case!
Schedule a free consultation
In most cases, no. Workers’ compensation is the exclusive remedy against a covered employer, although exceptions exist, including when the employer failed to secure required coverage. A separate claim may still be available against a negligent third party.
You may have both workers’ compensation and a third-party claim. A separate negligence claim depends on whether the property owner, manager, contractor, or another party owed a legal duty and was responsible for the condition that caused the fall.
Written notice should be given within 30 days after the accident. The Workers’ Compensation Board can excuse late or defective notice in certain circumstances, but prompt written notice helps avoid a notice dispute.
Not automatically. Benefits can continue while the third-party case is pending, but a recovery can trigger the carrier’s lien and affect future benefits. Some settlements also require carrier consent or court approval.
The Workers’ Compensation Board can resolve disputed issues through its hearing process. A dispute in the workers’ compensation claim does not automatically prevent a separate claim against a third party.
Possibly. Calling someone an independent contractor does not decide their workers’ compensation status. If the person is a true independent contractor and is not covered by workers’ compensation for the accident, a negligence claim against a responsible third party may still be available.
