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Bronx Workers' Compensation Lawyer

After a workplace accident, there are several steps you will need to take to protect your right to the benefits you deserve. If you or someone you know has been injured on the job in the Bronx, the skilled workers’ compensation lawyers at Meirowitz & Wasserberg can help.

Sam Meirowitz expert advice

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Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.

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Sam Meirowitz expert advice
Samuel Meirowitz
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Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.

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Receiving compensation after a workplace injury might seem like a straightforward situation. You report the injury to your supervisor, file a Bronx workers’ compensation claim, and focus on recovery. Unfortunately, the process is far more complicated. Your employer or their insurance provider may dispute your claim.

Meirowitz & Wasserberg, LLP, with its headquarters in New York, assists injured workers throughout the claims process. Established in February 2011, our personal injury law firm has secured over $500 million in settlements and verdicts.

We are a multicultural law firm committed to serving injured workers in the Bronx from diverse backgrounds. This diversity allows us to offer personalized legal representation, making sure you feel heard and understood.

Led by founding partners Samuel Meirowitz and Daniel Wasserberg, our Bronx workers’ comp law firm offers complimentary case evaluations to clients. We also offer contingency fee arrangements where you only pay once we secure a successful recovery.

What are the most common reasons workers' compensation claims are denied?

"As Lawyers we get a lot of cases initially that are denied. There are a range of reasons for that. It could be that the injury is out of the ordinary. For example, an out the ordinary injury might be an orthopedic injury at work. It could involve a construction site with multiple employers, or it could be an occupational disease, which is an injury that arises over time from the work you're doing. Accidents and those kinds of things tend to be contested. So, anything that makes the case stand out to an adjuster is usually something unusual about it. "

Injured at Your Job in the Bronx? We’ll Help Fight for You

New York’s workers’ compensation program provides injured workers with timely and fair compensation. Unfortunately, insurance companies have financial incentives to limit or deny payouts.

This is why you need the help of an experienced Bronx workers’ compensation lawyer after an accident. Your attorney will oversee all aspects of your claim, including:

  • Investigating how your accident happened:A Bronx workers’ compensation lawyer will review video footage, colleague statements, work records, and any other evidence relevant to your claim. Even though insurance companies pay New York workers’ comp claims regardless of fault, your attorney needs relevant details to build a strong case.
  • Documenting your losses:A compelling Bronx workers’ compensation claim requires detailed medical records. You’ll also need income statements from before your injury to establish your average weekly earnings. If you lost a loved one due to an injury or illness related to their work, document losses, including funeral-related expenses and projections of their income.
  • Answering any questions you have:Have any questions about your case? Our attorneys are here to answer you. We will take you through the claims process and inform you about what to expect. We’ll also keep you in the loop on the progress of your case.
  • Filing your paperwork:For a successful claim, you need to properly fill out all necessary paperwork, including Form C-3. You must also do this on time. While this may seem simple, clerical errors are among the top reasons for denials. 
  • Negotiating a settlement agreement:Insurance companies make money by limiting or denying payouts. They always want to pay injured workers as little as possible or nothing at all. Settlement negotiations in Bronx workers’ compensation claims require an attorney to:
    • Pinpoint the parts of the insurance policy that support their client’s right to compensation
    • Prove the client wasn’t engaging in horseplay during the accident
    • Present clear and persuasive evidence of the client’s losses
    • Justify the requested compensation amount
    • Counter any objections the insurance company raises against the settlement demand
  • Handling any third-party lawsuits: The workers’ compensation program in New York prevents civil lawsuits for workplace injuries. However, you can still sue third parties if their negligence led to your injury or illness. This could include a speeding driver who loses control and hits you while working at a construction site. Third-party lawsuits may also apply if your employer has no workers’ compensation insurance or if they intentionally caused your injury.
  • Fighting for you at trial: If your case goes to court, your Bronx workers’ compensation lawyer will represent you in court. Having a lawyer with trial experience gives you a better chance of securing fair compensation for your injuries.

What Happens if My Bronx Workers’ Compensation Claim Is Denied?

Employers and insurance providers in the Bronx, NY, often deny bona fide workers’ compensation claims. They usually hope the workers won’t dispute their decision. Unfortunately, they are mostly correct. Many injured or ill workers in New York don’t appeal denials.

Here are the top reasons why your employer’s insurance carrier may deny your workers’ compensation claim:

  • Your injury didn’t happen at work or was not work-related.
  • You failed to notify your supervisor or employer about your injury on time.
  • You were under the influence of alcohol or drugs during the incident.
  • You never received medical treatment.
  • You had a preexisting condition.
  • You didn’t receive medical treatment from an approved facility.
  • You didn’t file the necessary paperwork on time.
  • You sustained your injury due to horseplay.
  • You aren’t an employee under workers’ compensation insurance.
  • Your employer’s insurer disputes the cause of your accident.
  • You lack medical evidence supporting your injury or illness.

You have the right to file a workers’ comp claim after a work-related injury in the Bronx, whether due to a car accident or a slip and fall accident.

If your employer or their insurance provider chooses to deny your claim, the next step is to file an appeal. The first step your employer’s insurer takes is filing a notice of controversy. This notice formally notifies you and the New York Workers’ Compensation Board of its decision.

The next step is a prehearing conference before a workers’ compensation law judge. The hearing should be within 30 days. The judge reviews contentions of both parties and attempts to settle the dispute.

If the judge cannot settle the matter, it will proceed to a formal hearing. Here, both sides will present evidence and offer testimonies from experts and witnesses. The judge will consider all the evidence and issue a ruling that resolves the case.

In the event the judge upholds the denial, your Bronx workers’ compensation lawyer has 30 days to appeal that decision. They must file an appeal with the Workers’ Compensation Board. This appeal requests a review from three board members who may agree with the judge’s decision, modify the decision, or reverse it. The board may also return the workers’ comp case for more hearings.

If you are not satisfied with the Board’s decision, you have the right to appeal to the Appellate Division or the Full Board. You must file this appeal within 30 days after the board’s denial.

Our Bronx Workers' Compensation Reviews

“I had the privilege of working with Brian Russell for my workers’ compensation case, and I cannot recommend him highly enough. From our very first consultation, he demonstrated exceptional knowledge, professionalism, and genuine care for my situation. Unfortunately, I initially had an attorney who completely abandoned me and left my case dragging for over 5 years. But when I finally switched to Brian, he took the time to explain every step of the case, answered all my questions promptly, and fought tirelessly to make sure I received the benefits I was entitled to. I will admit, though, I thought my case was not worth very much and figured that I wouldn't get much out of it, but I was shocked when Brian was able to negotiate and settle my case for a sum that gave me both financial relief and peace of mind. If you are looking for a compassionate, skilled, and results-driven workers’ comp attorney, Brian Russell is absolutely the best choice!!!”

“The lawyers at Meirowitz and Wasserberg are very professional and stay true to their word. I got immediate help that was needed when I got into a severe construction accident that injured both my rotator cuffs. This firm knows and wants the best for you.” - Daniel Choi

“The lawyers at Meirowitz and Wasserberg are incredible professionals. They helped me through my construction accident in the city with extreme personal care and respect. They made the process quick and painless for me and kept me informed and confident throughout my experience. I would recommend their business to anyone, and I am extremely happy to have worked with the firm.”

Our Workers' Compensation Settlements

  • $373,644 in benefits, payable over 400 weeks, for a 9/11 volunteer diagnosed with severe reactive lung disease due to toxic exposure.
  • $165,000 full and final settlement for a painter who suffered a head injury after striking the ceiling on the job.
  • $125,000 indemnity-only settlement for a telecommunications lineman who was injured in a fall while working in the field.
  • $205,000 indemnity-only settlement for a construction worker who fell 14 feet from a broken ladder, with medical benefits left open.
  • $233,000 schedule loss of use with ongoing medical coverage for a professor injured in a fall down a staircase.
  • $125,000 full and final settlement for a cleaner who sustained a knee injury in a slip and fall accident at work.
  • $175,000 indemnity-only settlement for a bus driver injured while lifting a wheelchair ramp, with lifetime medical coverage preserved.
  • $212,000 indemnity-only settlement for a 9/11 volunteer who developed a rare, permanently disabling cancer linked to toxic exposure at Ground Zero.
  • $111,335.80 schedule loss of use award for a construction laborer who injured both knees in a fall at work, with ongoing medical coverage.

Who’s Eligible for Workers’ Compensation in the Bronx?

New York outlines several guidelines that determine who is eligible to receive workers’ compensation in the Bronx.

The primary requirements for workers’ compensation eligibility in the Bronx include:

  • Being employed by any for-profit business or organization
  • Being employed by most not-for-profit organizations
    • Exceptions to nonprofit eligibility may include clergy, members of religious orders, members of supervised amateur athletic activities, and similar circumstances where the nonprofit may not provide workers’ compensation.
  • Working in New York State

When To File a Workers' Compensation Claim in the Bronx

If you are hurt on the job in the Bronx, immediately follow these steps for your safety and preparation for a workers’ compensation claim filing:

  1. Get medical attention immediately – You can receive medical attention by dialing 911 in an emergency, visiting the nearest hospital, or scheduling an appointment with your primary care physician.
  2. Notify your employer within 30 days of the incident – Notifying your employer quickly is required for a workers’ compensation claim and cannot be overlooked!
  3. File a claim within two years – Per the statute of limitations in the state of New York, you have up to two years from the date of your work-related injury to file a claim.
  4. Appeal the decision within 30 days – Depending on the outcome of your workers’ compensation claim filing, you’ll be able to appeal any decisions within 30 days.

Common Types of Injuries From Workplace Accidents in the Bronx

Workplace injury victims may experience a wide range of injuries, some being more common than others.

According to the Bureau of Labor Statistics (BLS), the most common Bronx workplace accident injuries include:

Back and Spinal Cord Injuries

In 2021, there were 423 workplace accidents in the Bronx that resulted in multiple physical injuries, some of which were related to the back and spinal cord. Spinal cord injuries can be dangerous and costly, potentially rendering the victim incapacitated or paralyzed. Recovery may involve hundreds of thousands of dollars in medical bills for surgeries, treatments, rehabilitation, home care, and various equipment.

Brain Injuries

There were 73 recorded workplace concussions in the Bronx throughout 2021, some of which resulted in more severe brain injuries. Traumatic brain injuries (TBIs) are a significant cause of disability and death within the United States. They may lead to debilitating negative effects such as mood disruptions, behavioral problems, and disability.

Broken Bones

Data from the Bronx shows 353 workplace bone fractures in 2021. A broken bone or fracture may occur when a worker is hit by an object, snagged by machinery, or crushed by a heavy object at the workplace.

Burns

In 2021, the BLS reported 228 workplace burns that happened on the job in the Bronx. Burn injuries must be taken seriously and treated immediately, even if the burn only appears mild at first glance. Depending on the degree of the burn and its severity, the burn victim may have damaged pain receptors or nerves and should be taken immediately for a medical evaluation.

Contusions and Lacerations

Workplace contusions and lacerations were fairly common in the Bronx throughout 2021, with the BLS reporting 4,157 of these types of injuries. A contusion or laceration may occur when a worker is struck by an object or injured by a workplace tool.

Photo at a Bronx job site looking up at cranes

What Jobs in the Bronx Most Often Lead to Workers’ Compensation Claims?

In the Bronx and all across the state of New York, some jobs carry greater risks and greater potential for injury. Some of the industries that our Bronx workers’ compensation lawyers represent include:

  • Accommodation and food services: Employees in restaurants and hotels work in environments where slips, burns, cuts, and heavy lifting injuries are common. Cooks, waiters, kitchen staff, and housekeepers are particularly vulnerable to accidents involving hot surfaces and sharp tools.
  • Construction: The construction industry has one of the highest rates of workplace injuries, with workers facing dangers from falls, heavy machinery, electrical hazards, and structural collapses. Carpenters, electricians, roofers, and steelworkers often work on ladders, scaffolding, or around heavy machinery. Many belong to unions that help them file and follow up on claims after workplace injuries.
  • Educational services:Teachers and custodial staff may deal with injuries from student-related incidents or long-term musculoskeletal issues from repetitive tasks.
  • Health care and social assistance:Health care workers experience back injuries from lifting patients, needle sticks, workplace violence, exposure to infectious diseases, and overexertion due to long shifts. Union representation is common in this sector and often supports workers through the claims process.
  • Manufacturing:Factory workers commonly suffer crush injuries, hearing loss, chemical exposures, and repetitive stress disorders. 
  • Public administration:City employees, non-teaching employees, and hospital employees all fall under this category. These jobs carry unique hazards, ranging from vehicle accidents to injuries from slip and fall accidents. New York State excludes certain public servants, including police officers and firefighters, from coverage.
  • Real estate/rental/leasing:Property managers, maintenance workers, leasing agents, and janitors risk injuries from equipment or unsafe building conditions.
  • Retail:Retail workers in the Bronx, including cashiers and stock clerks, frequently file claims for injuries related to repetitive motions. Slips and falls also happen frequently, especially in busy or poorly maintained store areas.
  • Transportation and warehousing:Workers in this sector suffer from back injuries or injuries sustained in vehicle crashes. They include truck drivers, delivery workers, dockworkers, warehouse staff, and steam fitters.

Whether unionized or not, injured workers in these fields have the right to seek compensation.

What Does Workers’ Compensation Cover?

New York State gives workers in the Bronx detailed guidelines and information on the type of coverage offered by workers’ compensation claims.

All health care and medical costs related to your workplace injury are covered. In addition to medical benefits, workers’ compensation provides cash benefits equal to two-thirds of your average weekly wage, up to a maximum.

Any travel expenses you incur while going to and from health care appointments would also be covered by your workers’ compensation claim.

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Meirowitz & Wasserberg helped me after my car accident in the Bronx. It was the best service I could have asked for. The lawyers at the firm made the process of getting my money so easy and stress free. Thanks Meirowitz and Wasserberg!

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