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A work-related injury can leave you facing medical bills, lost wages, and an uncertain future. New York’s workers’ compensation system is meant to protect you, but employers and insurers don’t always make it easy. Most employers are required to carry workers’ comp insurance, which provides medical care, wage replacement, and disability benefits, regardless of who was at fault. This no-fault system provides medical treatment, wage replacement, and disability benefits regardless of who caused the accident.
Brooklyn workers’ compensation lawyer Michael Roitman of Kucher Law Group has recovered over $50 million for injured workers throughout Kings County. Whether you were injured on the job, suffered repetitive stress, or developed a work-related illness, workers’ compensation can help cover medical costs and lost wages. Don’t let an insurance company minimize your claim or deny you the treatment you need.
This guide explains what to do immediately after a workplace injury, what benefits you may be entitled to receive, how to file a claim with the New York Workers’ Compensation Board, and what options you have if your claim is denied. You’ll also learn about your rights to pursue additional compensation through third-party lawsuits when someone other than your employer caused your injury.
If you’ve been injured on the job anywhere in Brooklyn, call Kucher Law Group at (929) 563-6780 for a free consultation with a New York personal injury attorney who will protect your workers’ compensation claim
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Book an initial consultation with the top-rated Brooklyn personal injury firm, Kucher Law Group!
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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
Mark Green
5.0
Their approach to my truck accident case was thorough and strategic. They kept me informed at every step and fought hard for my rights. The outcome was more than satisfactory. I’m grateful for their dedication.
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
The first 48 hours after a workplace injury are critical to protecting your workers’ compensation claim. Your actions during this narrow window can determine whether you receive full benefits or face delays and denials.
First, get medical attention as soon as possible. According to New York Workers’ Compensation Board requirements, injured workers must see an authorized healthcare provider within this timeframe. Many Brooklyn workers receive initial treatment at NYU Langone Hospital – Brooklyn at 150 55th Street, The Brooklyn Hospital Center at 121 DeKalb Avenue, or Kings County Hospital Center at 451 Clarkson Avenue.
The treating physician must complete and submit the CMS-1500 form, now the standard for medical billing in New York workers’ compensation cases, instead of the previously used C-4 form. This form must be sent to the Workers’ Compensation Board, your employer, and the insurance carrier.
Second, notify your employer in writing immediately. Under New York Workers’ Compensation Law Section 18, you must report your injury to your employer within 30 days of the accident. Verbal notification may not be sufficient; put your report in writing and keep a copy. Include the date, time, location, and description of how the injury occurred.
Common reporting mistakes that jeopardize claims:
Third, contact an attorney before speaking with insurance adjusters. Insurance companies will try to take your recorded statement within days of your injury, often before you fully understand the extent of your injuries. What you say in these early conversations can be used to reduce or deny your benefits.
Contact Kucher Law Group at (929) 563-6780 to speak with Samantha Kucher about protecting your workers’ compensation claim from the start.
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!
Workers’ compensation covers virtually any injury or illness that arises out of and occurs in the course of employment. The system operates on a no-fault basis, meaning you don’t need to prove your employer was negligent or that you were blameless in causing the accident.
Covered injuries range from sudden traumatic events to conditions that develop over months or years of workplace exposure. According to the U.S. Bureau of Labor Statistics, construction workers, healthcare employees, and transportation workers experience the highest rates of workplace injuries in New York.
Falls represent the leading cause of workplace injuries in Brooklyn. Construction workers falling from scaffolding on high-rise projects in Downtown Brooklyn, warehouse employees slipping on wet floors in Sunset Park, and retail workers tripping over merchandise in Bay Ridge all qualify for workers’ compensation benefits. Traumatic injuries also include machinery accidents, being struck by falling objects, cuts and lacerations, burns, and electrocution.
If you suffered broken bones, traumatic brain injury, spinal cord damage, or amputation at work, these catastrophic injuries typically qualify for enhanced benefits, including permanent disability awards.
Not all workplace injuries happen in a single moment. Repetitive motion injuries develop from performing the same tasks day after day. Office workers in Brooklyn Heights who develop carpal tunnel syndrome from typing, delivery drivers in Bushwick experiencing lower back injuries from constant lifting, and healthcare workers in Crown Heights suffering shoulder injuries from moving patients all have valid workers’ compensation claims.
Workers’ compensation covers illnesses caused or aggravated by workplace conditions. Exposure to toxic chemicals, asbestos, excessive noise, or other workplace hazards can cause serious health conditions that develop over the years. You have up to two years from the date you knew or should have known that your illness was work-related to file a claim under New York Workers’ Compensation Law Section 28.
Key Takeaway: Workers’ compensation covers traumatic injuries from workplace accidents, repetitive stress injuries from performing job duties, and occupational diseases caused by workplace exposure. The no-fault system provides benefits regardless of who caused your injury.
The team at Kucher Law Group, including Samantha Kucher, Michael Roitman, and Alex Rybakov, handles all types of workplace injury claims throughout Brooklyn. Call (929) 563-6780 to discuss your specific situation.
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
Veronica Brooks
5.0
Dealing with the aftermath of a medical malpractice incident was tough. Kucher Law Group’s attorneys were not just lawyers; they were my advocates and supporters. Their expertise and emotional support were invaluable.
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
Workers’ compensation provides several types of benefits, and the total value depends on your injury severity, wage level, and recovery timeline. Unlike personal injury lawsuits, workers’ compensation does not compensate for pain and suffering or emotional distress.
All reasonable and necessary medical treatment related to your workplace injury must be fully covered by workers’ compensation insurance. This includes emergency room visits, surgery, hospitalization, prescription medications, physical therapy, and follow-up care. You must receive treatment from healthcare providers authorized by the New York Workers’ Compensation Board.
Medical benefits continue for as long as you need treatment related to your work injury, even if that means years of ongoing care.
If your injury prevents you from working, you receive weekly cash benefits equal to two-thirds of your average weekly wage for the previous year. For 2025, the maximum weekly benefit is $1,222.42 for workers earning $1,833.63 or more per week. The minimum weekly benefit is $325 per week. If an employee’s wages are less than the minimum weekly benefit, they will receive full wages.
Calculation example:
Benefits begin after you’ve been out of work for more than seven days. If your disability extends beyond 14 days, you receive retroactive payment for those first seven days.
Permanent disabilities are classified as either schedule loss of use awards or permanent partial disability awards. Schedule loss of use applies to specific body parts listed in New York Workers’ Compensation Law Section 15(3), including arms, legs, hands, feet, eyes, and hearing. A worker who loses complete use of an arm receives 312 weeks of benefits at two-thirds of their average weekly wage.
Permanent partial disability awards compensate for injuries to non-scheduled body parts or permanent effects on your overall functioning. These awards are calculated based on the degree of disability and your wage level.
If a worker dies from a workplace injury, surviving spouses and dependent children receive two-thirds of the deceased worker’s average weekly wage. The family can also receive up to $12,500 for funeral and burial expenses. Surviving parents may receive a $50,000 lump sum payment if the deceased worker left no surviving spouse or children.
| Benefit Type | Calculation | 2025 Rates |
| Wage Replacement | 2/3 of the average weekly wage | Max: $1,222.42/week |
| Minimum Benefit | Full wages if below minimum | $325/week |
| Death Benefits (spouse/children) | 2/3 of the deceased’s average weekly wage | Ongoing |
| Funeral Expenses | Lump sum | Up to $12,500 |
| Surviving Parents (no spouse/children) | Lump sum | $50,000 |
Key Takeaway: Workers’ compensation covers all medical treatment, two-thirds of your lost wages (up to the weekly maximum), permanent disability awards, and death benefits for families. The total value can range from thousands to hundreds of thousands of dollars, depending on injury severity.
Michael Roitman of Kucher Law Group has secured seven-figure settlements for catastrophic workplace injury cases. Call (929) 563-6780 to find out what your claim may be worth.
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.
Samantha Kucher has devoted her legal career to advocating for injured workers who face uphill battles against employers and insurance carriers. From her formative years at the Milton Hershey School to founding Kucher Law Group, Samantha has been guided by a strong commitment to helping individuals during some of the most difficult times of their lives.
Michael Roitman is a seasoned litigator known for his success in high-stakes workplace injury and workers’ compensation cases. The son of immigrants, he brings a deep understanding of the challenges faced by everyday New Yorkers who are hurt and struggling to get the benefits they deserve.
With more than a decade of experience, Alex Rybakov is a trusted advocate for injured workers across Brooklyn. His approach combines deep legal insight with a personalized strategy tailored to the unique challenges of each case.
New York imposes strict deadlines for filing workers’ compensation claims. Missing these deadlines can permanently bar you from receiving any benefits.
Under New York Workers’ Compensation Law Section 18, you must notify your employer of a workplace injury within 30 days of the accident. This notification should be in writing and should describe when, where, and how the injury occurred.
You must file your formal claim with the New York Workers’ Compensation Board within two years of the date of the accident for traumatic injuries. For occupational diseases that develop gradually, the two-year deadline runs from the date you knew or should have known the disease was work-related.
Special rules apply for certain injuries:
The Workers’ Compensation Board operates district offices throughout New York. Brooklyn workplace injury claims are typically processed through the Brooklyn District Office at One Pierrepont Plaza. After you file your claim, the Board schedules an initial hearing where you, your employer, and the insurance carrier present evidence.
If you miss the 30-day notice requirement or two-year filing deadline, you may lose your right to benefits unless you can prove good cause for the delay. Accepted excuses include being in a coma, severe mental incapacity, or fraud by your employer, concealing the availability of benefits.
Key Takeaway: You have 30 days to notify your employer of a workplace injury and two years to file a formal workers’ compensation claim with the New York Workers’ Compensation Board. These deadlines are strictly enforced.
Don’t risk missing critical deadlines. Contact Samantha Kucher at (929) 563-6780 immediately after a workplace injury.
Even valid workers’ compensation claims face denials from insurance carriers looking to protect their profits. Understanding the common reasons for denials helps you avoid these pitfalls and strengthens your claim.
According to New York Workers’ Compensation Board statistics, approximately 30 percent of initial claims face some form of dispute or denial from insurance carriers.
The most common denial reasons include:
If the insurance carrier denies your claim, you have the right to request a hearing before a Workers’ Compensation Law Judge at the Brooklyn District Office. The hearing process involves presenting medical evidence, witness testimony, and employment records to prove your injury is work-related and covered under New York law.
Alex Rybakov of Kucher Law Group brings more than a decade of courtroom experience to workers’ compensation hearings. He knows how to present medical evidence, cross-examine insurance medical examiners, and build a compelling case for Brooklyn workers facing claim denials.
Appeals must be filed promptly after receiving a denial notice. The Workers’ Compensation Board operates on strict timelines, and missing an appeal deadline can make it nearly impossible to resurrect your claim.
Key Takeaway: Workers’ compensation claims are commonly denied for late reporting, insufficient medical evidence, or disputes about whether injuries are work-related. You can appeal denials through the Workers’ Compensation Board hearing process.
If your workers’ compensation claim was denied, call Kucher Law Group at (929) 563-6780 to discuss your appeal options.
Client Testimonial
Becky Wolf
5.0
After a serious injury at my construction site I was overwhelmed. Kucher Law Group not only helped me navigate the legal process but also secured a settlement that eased my financial worries. Their compassion and expertise were evident in every interaction
Workers’ compensation is generally the exclusive remedy for workplace injuries in New York, meaning you cannot sue your employer in civil court. This trade-off provides you with guaranteed benefits without needing to prove negligence, while shielding employers from personal injury lawsuits.
However, several important exceptions allow injured workers to pursue additional compensation beyond workers’ compensation benefits.
If someone other than your employer caused your workplace injury, you can file a personal injury lawsuit against that third party while also collecting workers’ compensation benefits. Common third-party claims in Brooklyn include:
Third-party lawsuits allow you to recover pain and suffering damages, full lost wages (not just two-thirds), and other compensation not available through workers’ compensation.
Construction workers injured in falls from heights or struck by falling objects at Brooklyn construction sites have additional protection under New York Labor Law Section 240, commonly called the Scaffold Law. This statute imposes absolute liability on property owners and general contractors for gravity-related construction accidents.
Section 240 applies to construction, demolition, repair, and alteration work throughout Kings County. If you fell from a scaffold, ladder, or roof because of inadequate safety equipment, you can sue the property owner and general contractor even while collecting workers’ compensation.
If your employer intentionally injured you or engaged in conduct substantially certain to cause injury, you may be able to sue outside the workers’ compensation system. These cases are rare but include situations where employers force workers into known dangerous conditions without safety equipment.
Key Takeaway: You generally cannot sue your employer for workplace injuries, but you can pursue third-party lawsuits against equipment manufacturers, property owners, other drivers, or subcontractors who caused your injury. Construction workers have additional rights under New York Labor Law Section 240.
Kucher Law Group handles both workers’ compensation claims and third-party personal injury lawsuits for Brooklyn workers. Call (929) 563-6780 to explore all your legal options.
Understanding the workers’ compensation claims process helps you navigate the system and avoid costly mistakes that could delay or reduce your benefits.
Immediately report your injury to your supervisor or employer within 48 hours. The healthcare provider must complete Form CMS-1500 and submit it to the Workers’ Compensation Board, your employer, and the insurance carrier.
Your employer must file Form C-2F (Employer’s Report of Work-Related Injury/Illness) with their insurance carrier and the Workers’ Compensation Board within 10 days of learning about your injury. This form initiates the formal claims process.
You must file Form C-3 (Employee Claim) with the Workers’ Compensation Board. This form states your version of how the injury occurred and what benefits you’re requesting. File this form even if your employer disputes the claim or the insurance carrier delays payment.
The Brooklyn District Office of the Workers’ Compensation Board, located at One Pierrepont Plaza, 5th floor, 300 Cadman Plaza West, processes claims for workplace injuries occurring in Kings County.
The insurance carrier has 18 days to either begin paying benefits or file a notice contesting the claim. If they contest, the Board schedules a hearing before a Workers’ Compensation Law Judge.
Hearings at the Brooklyn District Office allow you to present medical evidence, testimony, and records supporting your claim. The Workers’ Compensation Law Judge evaluates the evidence and issues a decision. Either party can appeal the judge’s decision to the Workers’ Compensation Board panel and ultimately to the Appellate Division.
Timeline for receiving benefits:
Key Takeaway: The workers’ compensation claims process involves reporting your injury, filing forms with the Workers’ Compensation Board, and potentially attending hearings at the Brooklyn District Office if the insurance carrier contests your claim. The process typically takes 2-6 months from injury to first payment.
Samantha Kucher guides Brooklyn workers through every step of the claims process, from initial filing to final settlement. Call (929) 563-6780 for help with your claim.
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
Mark Green
5.0
Their approach to my truck accident case was thorough and strategic. They kept me informed at every step and fought hard for my rights. The outcome was more than satisfactory. I’m grateful for their dedication.
Workplace injuries create immediate financial pressure and long-term uncertainty. While you’re focused on medical treatment and recovery, insurance companies are working to minimize what they pay. Don’t face this system alone.
Samantha Kucher, Michael Roitman, and Alex Rybakov of Kucher Law Group have built a practice focused on protecting injured Brooklyn workers’ rights throughout the workers’ compensation process. From filing your initial claim through hearings, appeals, and settlements, the firm provides experienced representation that gets results.
Whether you suffered a construction accident in Downtown Brooklyn, developed carpal tunnel from office work in Brooklyn Heights, or sustained injuries at a warehouse in Red Hook, you deserve full compensation for your workplace injury.
Call Kucher Law Group at (929) 563-6780 for a free consultation. The firm’s office at 463 Pulaski Street serves injured workers throughout Kings County with 24/7 availability and contingency fee representation. You pay nothing unless you recover benefits.
Don’t wait until insurance companies deny your claim or pressure you into an unfair settlement. Contact Samantha Kucher today to protect your rights and secure the benefits you’re entitled to receive under New York law.
Risk-Free Representation – No Fees Unless We Win Your Case!
Schedule a free consultation
Workplace injuries demand immediate, focused legal representation from attorneys who understand both the law and what injured workers face. Samantha Kucher founded Kucher Law Group to provide compassionate, results-driven advocacy for Brooklyn workers navigating the workers’ compensation system.
With over $50 million recovered for injured clients and a 99 percent success rate, Kucher Law Group has established itself as a leading workers’ compensation law firm throughout Kings County. The firm’s approach combines deep legal knowledge with genuine care for each client’s recovery and financial stability.
Samantha Kucher has spent her career representing injured workers who’ve been injured on the job in Brooklyn. She understands that a workplace injury affects every aspect of your life: your income, your health, your family, and your future. That’s why she approaches each case with both legal precision and personal attention.
Michael Roitman brings a track record of seven-figure verdicts and settlements to catastrophic injury cases. His litigation experience across New York courts strengthens the firm’s ability to handle complex workers’ compensation claims involving permanent disabilities, third-party lawsuits, and disputed medical evidence.
Alex Rybakov contributes more than a decade of courtroom experience across product liability, workplace injuries, and wrongful death matters. His detailed understanding of workers’ compensation hearings and appeals ensures clients receive aggressive representation when insurance carriers dispute claims.
Kucher Law Group’s office at 463 Pulaski Street in Bedford-Stuyvesant serves as the firm’s base for representing injured workers throughout Kings County. The attorneys know the Workers’ Compensation Board judges at the Brooklyn District Office, understand local medical providers’ documentation practices, and have relationships with vocational rehabilitation specialists serving Brooklyn workers.
This local knowledge translates to practical advantages: knowing which arguments resonate with specific judges, which medical experts provide the strongest testimony, and how to navigate the Brooklyn District Office’s procedures efficiently.
Kucher Law Group works on a contingency fee basis for workers’ compensation cases. You pay no upfront costs, no retainer fees, and no hourly charges. The firm only collects attorney fees if you receive benefits, and those fees are paid as a percentage of your award, as approved by the Workers’ Compensation Board.
This structure aligns the firm’s success with yours and ensures injured workers can access quality legal representation regardless of their financial situation.
Workplace injuries don’t happen on a schedule. Kucher Law Group maintains 24/7 availability to answer questions, provide support, and begin working on your case. The firm’s responsive communication keeps clients informed about case developments, upcoming hearings, and benefit payments.
Key Takeaway: Kucher Law Group has recovered over $50 million for injured Brooklyn workers with a 99 percent success rate. Samantha Kucher, Michael Roitman, and Alex Rybakov provide experienced representation on a contingency fee basis.
Yes. Immigration status does not affect your right to workers’ compensation benefits in New York. The Workers’ Compensation Board provides benefits to all injured workers regardless of citizenship status or work authorization. Your employer cannot report you to immigration authorities for filing a workers’ compensation claim.
Employers who fail to carry required workers’ compensation insurance face penalties, and you can file a claim with the Uninsured Employers’ Fund through the Workers’ Compensation Board. You may also be able to sue your employer directly in civil court since the workers’ compensation exclusivity rule doesn’t apply when employers are uninsured.
No. New York Workers’ Compensation Law Section 120 prohibits employers from retaliating against employees who file workers’ compensation claims. If you’re fired, demoted, or harassed for seeking benefits, you can file a complaint with the Workers’ Compensation Board and pursue additional legal claims for wrongful termination.
Medical benefits continue for as long as you need treatment related to your work injury. Wage replacement benefits continue while you’re unable to work due to the injury. Permanent disability awards are calculated based on specific schedules in the law, ranging from weeks to hundreds of weeks, depending on the body part and degree of impairment.
You must initially receive treatment from a healthcare provider authorized by the Workers’ Compensation Board. After the first treatment, you can request a change of physician through the Board if you’re unhappy with your care. You cannot simply select any doctor without Board authorization.
Pre-existing conditions don’t automatically disqualify you from workers’ compensation benefits. If your work aggravated, accelerated, or combined with a pre-existing condition to cause disability, you’re entitled to benefits. The insurance carrier will scrutinize these claims closely, making legal representation particularly important.
