If you've been hurt at work in Queens, you deserve more than a claims adjuster looking for reasons to cut your benefits short. The Orlow Firm has helped injured workers in Flushing, Jamaica, Long Island City, and all of Queens for over 40 years. We handle both workers' comp claims and third-party lawsuits so you get every dollar you're owed.
Call (646) 647-3398 for a free consultation | Se Habla Espanol
Workers' comp in New York is a no-fault system. You can get benefits no matter who caused your workplace accident. It does not matter if the fault was yours, your coworker's, or your employer's. You do not need to prove anyone was careless, and your employer cannot blame you.
This rule comes from the New York State Constitution (Article I, Section 18) and the Workers' Compensation Law (WCL). The trade-off is simple: workers get medical care and wage payments, but usually cannot sue their employer for workplace injuries. This is the exclusive remedy doctrine under WCL Section 11.
Every for-profit employer in New York must carry workers' comp insurance. This covers full-time workers, part-time workers, and even workers without papers. Your status does not affect your right to file a claim. Our bilingual staff explains this to Queens workers every week.
A growing problem across Queens' job sites, delivery routes, and gig jobs is when employers wrongly call workers "independent contractors." If your employer controls when, where, and how you work, you may really be an employee. That means you have a right to workers' comp benefits. Adam Moses Orlow is the firm's Managing Partner and a former President of the Queens County Bar Association (2022-2023). He has deep roots in the Queens legal community and knows how these cases play out locally.
What's in this video?
The Orlow Firm explains how undocumented workers in New York are fully entitled to workers' compensation benefits, no matter their status.
Workers' Comp Benefits for Injured Queens Workers
New York's workers' comp system provides several types of benefits. Knowing what you're owed matters, because insurers often try to shrink or cut off payments.
Medical Benefits: All needed medical care tied to your workplace injury is covered. There are no copays and no out-of-pocket costs. Your employer cannot charge you for workers' comp insurance.
Lost Wage Benefits (Temporary Disability): If your injury keeps you from working, you get two-thirds of your average weekly wage, up to a cap. For injuries from July 1, 2024 through June 30, 2025, the cap is $1,171.46 per week. For injuries from July 1, 2025 through June 30, 2026, the cap rises to $1,222.42 per week. The minimum for 2025 injuries is $325 per week. Benefits start after a seven-day wait. If your time off tops 14 days, you get back-pay for those first seven days.
Permanent Partial Disability: If you have a lasting limit to an arm, leg, hand, or foot, you may get a schedule loss of use award under WCL Section 15. These awards pay you for the lasting impact of your injury.
Permanent Total Disability: Workers who can never return to any job get ongoing benefits.
Death Benefits: Family of workers killed on the job get two-thirds of the worker's average weekly wage, plus funeral costs up to $12,500.
Job Retraining: If you cannot go back to your old job, you may qualify for retraining to learn new skills.
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Workers' Comp Benefits in New York:
- Medical Benefits -- All needed care covered. No copays, no out-of-pocket costs.
- Lost Wage Benefits -- 2/3 of average weekly wage. Cap: $1,222.42/week for 2025-2026 injuries. Starts after 7-day wait.
- Permanent Partial Disability -- Schedule loss of use awards for lasting limits (WCL Section 15).
- Permanent Total Disability -- Ongoing benefits for workers who can never return to any job.
- Death Benefits -- 2/3 of worker's wages to family, plus funeral costs up to $12,500.
- Job Retraining -- If you can't return to your old job, you may qualify for retraining.
What's in this video?
The Orlow Firm covers the workers' comp benefits open to injured New York workers, including medical care, wage payments, and disability checks.
When Workers' Comp Isn't Enough: Third-Party Claims for Queens Workplace Injuries
Workers' comp pays set benefits, but it does not cover pain and suffering, full lost wages, or emotional harm. That is where third-party claims come in, and it is why picking the right Queens workers compensation lawyer matters.
Under the exclusive remedy rule (WCL Section 11), you usually cannot sue your employer. But when someone else's careless act played a role in your injury, you can file a separate lawsuit. That lawsuit can recover money that workers' comp does not provide. Our firm handles both tracks at the same time.
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Workers' Comp vs Third-Party Claims:
| Feature | Workers' Compensation | Third-Party Claim | |---|---|---| | Must Prove Fault? | No -- No-fault system | Yes -- Must prove negligence | | Pain & Suffering? | Not available | Yes -- Full recovery | | Full Lost Wages? | 2/3 of wages, capped | Yes -- No cap | | Medical Coverage? | Yes -- No copays | Yes -- As part of damages | | Against Whom? | Employer's insurer | Third party at fault |
You can pursue BOTH at the same time. The Orlow Firm handles both tracks together.
Construction site injuries are the most common third-party cases in Queens. New York Labor Law Sections 240(1) and 241(6) hold property owners and general contractors liable for fall injuries and safety-rule breaks. Our review of OSHA data shows construction makes up 95 of 284 severe injury cases in Queens over the past decade. That is 33.5% of all severe injuries in the borough.
Broken or faulty equipment can lead to claims against makers, even while you collect workers' comp from your employer.
Car and truck crashes during work let drivers and rideshare workers go after the at-fault driver's insurance. This is on top of workers' comp.
Unsafe buildings kept up by someone other than your employer create a basis to sue the property owner.
The workers' comp insurer has a lien on any third-party payout. That means they may seek partial payback. A good workers comp attorney in Queens NY will cut these liens down to boost what you take home.
$2,600,000 -- HVAC worker hurt when a drop ceiling fell onto his head, needing back, knee, and shoulder surgeries. This case shows how both workers' comp and a third-party claim work together for full payment.
$2,474,000 -- Construction worker without papers who was shocked on scaffolding and fell, needing back and knee surgeries. The Orlow Firm took this case regardless of status.
Prior results do not guarantee a similar outcome.
What's in this video?
The Orlow Firm explains the key gaps between workers' comp benefits and third-party injury claims, and how hurt workers can pursue both.
Queens' Most Dangerous Industries and Neighborhoods for Workplace Injuries
No other law firm puts out Queens-specific workplace injury data at this level. Our review of OSHA Severe Injury Reports (2015-2025) and OSHA Injury Tracking data (2023-2024) shows the true scope of workplace danger across the borough.
Queens ranks second among NYC boroughs for severe workplace injuries, with 284 severe injury cases from 2015 through July 2025. That is 23.8% of all NYC severe injury reports. Only Manhattan (434) had more.
Long Island City is the most dangerous area in Queens for workers, with 49 severe injury cases and 12 lost limbs. It also leads in construction injuries with 30 cases over the decade. The building boom there keeps putting workers at risk.
Maspeth has the highest workplace injury rate among major Queens areas at 4.49 per 100 workers. Employers there reported 638 injuries and 35,528 lost workdays in 2023-2024, mostly in the warehouse and shipping corridor.
South Ozone Park's injury rate is nearly five times the Queens average at 12.06 per 100 workers. This is driven largely by Resorts World Casino NYC, which reported 312 injuries among 1,160 workers.
Healthcare is Queens' largest source of total workplace injuries, with 2,200 injuries across 301 reporting sites in 2023-2024. NYP Queens in Flushing (364 injuries), NYC H+H Elmhurst (216), and NYC H+H Queens in Jamaica (208) top the list. If you were injured at work in Queens at any of these sites, you have the right to file a workers compensation claim.
Shipping and warehousing has the highest injury rate by industry at 5.28 per 100 workers, centered in Maspeth, Corona (LGA Ground Ops, 191 injuries in 2023-2024), and Springfield Gardens.
Across all industries, broken bones are the leading severe injury type in Queens (37.3%), followed by lost limbs (17.6%). Queens workers suffered 55 amputations over the past decade, mostly finger and hand losses from machinery. Falls account for about 48% of all severe injuries, with 137 fall cases over ten years.
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Workplace Injuries in Queens by Industry (OSHA Data):
- Healthcare: 2,200 total injuries (2023-2024) across 301 reporting sites
- Shipping & Warehousing: 638+ injuries in Maspeth alone (2023-2024), highest injury rate at 5.28 per 100 workers
- Construction: 95 severe injury cases (2015-2025), 33.5% of all Queens severe injuries
- Casino/Hospitality: 312 injuries at South Ozone Park (Resorts World), injury rate of 12.06 per 100 workers
Queens ranks 2nd among NYC boroughs with 284 severe injury cases (23.8% of all NYC reports).
$1,850,000 -- Worker struck when an elevator platform toppled, needing back surgery. Equipment failures like this may support both a workers' comp claim and a third-party product liability action.
Prior results do not guarantee a similar outcome.
How to File a Workers' Compensation Claim in Queens
Filing a workers' comp claim has strict deadlines. Missing any step can put your benefits at risk. A Queens workers compensation lawyer can guide you through each stage and make sure nothing is missed.
Step 1: Tell Your Employer. You must report your injury within 30 days. Do this in writing when you can. If you miss the 30-day window, you could lose your right to benefits.
Step 2: See a Doctor. Go to a doctor who takes workers' comp. Your doctor files Form C-4 (Doctor's Initial Report) with the Workers' Compensation Board (WCB), logging your injury and care.
Step 3: File Claim Form C-3. You have two years from the date of injury to file. For job-related hearing loss, you can file beyond the two-year deadline within 90 days of learning the hearing loss is work-related. You can file online through the WCB portal, by phone at 866-396-8314, or by mailing a paper form. Do not wait. File as soon as you can.
Step 4: Your Employer Files Form C-2F. Your employer must file this within 10 days of learning about your injury.
What Happens Next: The insurer either accepts or fights your claim. If they fight it, the WCB sets a hearing. If your lost time tops seven days, the insurer must start paying within 18 days of when the employer was told. Benefits are paid every two weeks.
View text version of this infographic
How to File a Workers' Comp Claim in Queens:
- Tell Your Employer -- Report in writing within 30 days
- See a Doctor -- WCB-approved doctor files Form C-4
- File Claim Form C-3 -- Within 2 years, online, phone, or mail
- Employer Files Form C-2F -- Must file within 10 days of notice
- Insurer Accepts or Denies -- If denied, WCB sets a hearing
Key Deadline: Report within 30 days / File within 2 years. Hearing loss claims may be filed beyond 2 years within 90 days of learning the loss is work-related.
The Queens WCB office is at 168-46 91st Avenue, 3rd Floor, Jamaica, NY 11432. Hearings are held in-person by appointment or online. Our firm knows the Queens office, the local WCB judges, and the hearing process, which gives our clients a real edge. If you need help filing, call (646) 647-3398 for a free talk with an attorney.
$1,250,000 -- Nurse who slipped at Rikers Island, needing two knee surgeries. Healthcare workers face some of the highest injury rates in Queens, and our firm knows these cases well.
Prior results do not guarantee a similar outcome.
Denied Workers' Comp Claim? How a Queens Workers Compensation Lawyer Fights Back
A denial is not the end. It is often just the start of the process where having a Queens workers compensation lawyer makes the biggest difference.
Insurers deny claims for many reasons. They may say you reported late, argue the injury is not work-related, or point to an older condition. They may cite weak medical records or gaps between the employer's report and your doctor's notes. They may say you are not really an employee or allege drug or alcohol use.
The appeals process has several levels:
- WCB Claims Examiner -- Tries to resolve the dispute without a hearing
- Hearing Before a WCB Law Judge (WCLJ) -- Held at the Queens office in Jamaica; this is where most fought claims are decided
- Board Panel Review -- Appeal to a three-member panel within 30 days using Form RB-89
- Full Board Review -- Further review by the full Board
- Appellate Division, Third Department -- Court review of Board rulings
- NY Court of Appeals -- Final appeal
Steven S. Orlow, Founder of The Orlow Firm, served as a former Assistant District Attorney in Kings County and former Counsel to the Queens County Executive. This background in government work carries over directly to WCB hearings and appeals.
$425,000 -- NYCHA worker who slipped on sand from nearby construction, needing two knee surgeries. This case had both a workers' comp claim and a third-party lawsuit against the construction company.
Prior results do not guarantee a similar outcome.
Types of Workplace Injuries Covered by Workers' Comp in Queens
Workers' comp covers any injury or illness that arises from your job. In Queens, certain industries see clear patterns of workplace injuries. Whether you work in construction, healthcare, or warehousing, a workplace injury lawyer in Flushing, Jamaica, or anywhere in the borough can help you file your claim.
Construction Injuries
Falls from heights, scaffold collapses, struck-by events, shocks, and caught-in/between machinery accidents. Our review of OSHA data shows construction caused three of four workplace deaths in Queens during 2023-2024. It also makes up one-third of all severe injuries in the borough.
Healthcare Worker Injuries
Back injuries from lifting patients, needle sticks, slip and falls, and workplace violence. With 2,200 injuries across Queens healthcare sites in 2023-2024, this is the borough's largest source of total workplace injuries.
Transport and Warehousing Injuries
Vehicle crashes, loading dock events, and repeat motion injuries. This industry has the highest injury rate in Queens at 5.28 per 100 workers, centered in Maspeth's warehouse district and the LGA hub in Corona.
Airport Worker Injuries
JFK and LaGuardia workers face special hazards. LGA Ground Ops alone reported 191 injuries in 2023-2024. Few law firms focus on this group.
Repetitive Stress and Job-Related Diseases
Carpal tunnel, tendinitis, hearing loss (note: hearing loss claims may be filed beyond the standard two-year deadline within 90 days of learning the loss is work-related), silicosis, and asbestosis. These conditions build over time and need detailed medical records to back up a claim.
Manufacturing and Machinery Injuries
Queens workers lost limbs 55 times over the past decade, mostly finger and hand losses from machinery in factories and plants.
Retail and Food Service Injuries
Slip and falls, burns, cuts, and lifting injuries are common across Queens' restaurants, grocery stores, and retail shops.
Frequently Asked Questions About Workers' Comp in Queens
Can I be fired for filing a workers' comp claim?
No. New York law bars employers from punishing workers who file claims. If you are fired, demoted, or harassed for using your right to workers' comp, you may have grounds for a separate claim. Call a lawyer right away if this happens to you.
Can I choose my own doctor for workers' comp treatment?
You may pick your own doctor, but they must be approved by the Workers' Compensation Board. Your employer's insurer may also send you to certain doctors at first. If you disagree with the insurer's doctor, you have the right to a second opinion from a WCB-approved doctor.
Can I collect Social Security disability while on workers' comp?
Yes, you can get both at the same time, but there is a cap. Federal law limits combined workers' comp and Social Security disability to 80% of what you earned before the injury. If the total goes over that limit, your Social Security checks will be cut.
How much does a workers' comp lawyer cost?
Workers' comp lawyers in New York work on a no-win, no-fee basis. You pay nothing upfront and owe no fee unless your claim succeeds. Fees are set by the Workers' Compensation Board and come out of your award, not your pocket. At The Orlow Firm, your first talk with a lawyer is always free.
What if my employer says I'm an independent contractor?
This happens a lot in Queens' construction, delivery, and gig work. If your employer controls when, where, and how you do your work, you may be an employee under the law. That gives you a right to workers' comp, no matter what your contract says. The WCB looks at the real working setup, not just the label.
Can I get workers' comp if I was partly at fault?
Yes. Workers' comp is a no-fault system. You get benefits whether or not you caused or added to the accident. Even if you made a mistake, broke a safety rule, or were not paying attention, your right to benefits stands under New York law.
How long will my workers' comp benefits last?
It depends on your injury type. Short-term disability benefits last until you heal as much as you can or return to work. Partial disability awards follow a set schedule based on the body part hurt. Total disability benefits can last as long as you are disabled. There is no fixed cutoff. Each case is judged on its own.
What if I cannot go back to my old job?
If your injury stops you from going back to your old job, you may qualify for job retraining and placement help. You may also get lower-earnings benefits if you return to work at a smaller wage. Schedule loss of use awards pay for lasting limits to body parts.
Sources & Official Resources
New York Statutes Cited
- NY Constitution Article I, Section 18 -- Workers' Compensation
- Workers' Compensation Law (WCL) -- Full Text
- WCL Section 11 -- Alternative Remedy (Exclusive Remedy)
- WCL Section 15 -- Schedule in Case of Disability
- WCL Section 49-BB -- Hearing Loss Filing Extension
- NY Labor Law Section 240(1) -- Scaffold Law
- NY Labor Law Section 241(6) -- Construction Site Safety
Workers' Compensation Board Resources
- WCB Schedule of Maximum Weekly Benefit Rates
- WCB Lost Wage Benefits
- WCB File a Claim
- WCB Appeals Process
Federal Resources
Statistics Sources
- OSHA Severe Injury Report data (January 2015 -- July 2025); OSHA Injury Tracking Application (Form 300A) data for 2023-2024
Data Methodology Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. OSHA Severe Injury Report (OSHA, 2015-2025) data is published at the address level and OSHA Injury Tracking Application (Form 300A, 2023-2024) data is published at the establishment level. We aggregated these records by Queens zip codes and neighborhoods to produce the borough-specific statistics cited above, as federal and city agencies do not publish pre-calculated borough-level breakdowns for all metrics.
Contact a Queens Workers Compensation Lawyer Today
If you've been hurt on the job in Queens, don't let the insurer decide what your claim is worth. The Orlow Firm has helped injured workers in Flushing, Jamaica, Astoria, Long Island City, and all of Queens for over 40 years. As a family firm started by Steven S. Orlow, with Managing Partners Brian Seth Orlow and Adam Moses Orlow, you'll work with a partner who knows your name and your case.
Call (646) 647-3398 for a free consultation. You pay nothing unless we win your case.
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What's in this video?
The Orlow Firm talks about workers' comp and construction accident claims in New York City, including when injured workers can seek more money beyond workers' comp benefits.
