Brooklyn Workers' Compensation Attorney Michael Roitman Explains Rights and Benefits for Injured Workers in Kings County

BROOKLYN, NY - Workplace injuries affect thousands of New York workers annually, leaving many uncertain about their legal rights and available benefits under the state's workers' compensation system. Brooklyn workers' compensation attorney Michael Roitman of Kucher Law Group (https://www.rrklawgroup.com/worker-compensation-lawyer/) is providing comprehensive guidance on navigating claims, maximizing benefits, and understanding critical deadlines that can determine whether injured workers receive full compensation.

According to Brooklyn workers' compensation attorney Michael Roitman, the first 48 hours after a workplace injury are critical to protecting a claim. New York Workers' Compensation Board requirements mandate that injured workers seek treatment from authorized healthcare providers within this narrow timeframe. Many Brooklyn workers receive initial care at NYU Langone Hospital-Brooklyn, The Brooklyn Hospital Center, or Kings County Hospital Center. "The actions workers take immediately after an injury can determine whether they receive full benefits or face delays and denials," Roitman explains.

Brooklyn workers' compensation attorney Michael Roitman emphasizes that New York's no-fault system covers virtually any injury or illness arising out of and occurring in the course of employment. The system provides medical treatment, wage replacement, and disability benefits regardless of who caused the accident. Covered injuries range from sudden traumatic events like construction falls and machinery accidents to conditions developing over months or years, including repetitive stress injuries such as carpal tunnel syndrome and occupational diseases caused by workplace exposure to toxic chemicals or asbestos.

Workers' compensation benefits include full coverage of all reasonable and necessary medical treatment, wage replacement equal to two-thirds of average weekly wages, permanent disability awards, and death benefits for surviving family members. For 2025, the maximum weekly benefit is $1,222.42 for workers earning $1,833.63 or more per week, with a minimum weekly benefit of $325. "Workers often don't realize the total value of their claim can range from thousands to hundreds of thousands of dollars depending on injury severity," notes Roitman.

Strict deadlines govern workers' compensation claims in New York. Under New York Workers' Compensation Law Section 18, injured workers must notify employers in writing within 30 days of the accident and file formal claims with the New York Workers' Compensation Board within two years of the injury date. For occupational diseases developing gradually, the two-year deadline runs from the date the worker knew or should have known the disease was work-related. Missing these deadlines can permanently bar workers from receiving any benefits unless they can prove good cause for the delay.

Attorney Roitman explains that approximately 30 percent of initial claims face disputes or denials from insurance carriers. Common denial reasons include late reporting, insufficient medical evidence linking injuries to workplace duties, arguments that injuries occurred outside work or resulted from pre-existing conditions, and claims that workers violated safety rules when injured. Workers whose claims are denied have the right to request hearings before Workers' Compensation Law Judges at the Brooklyn District Office located at One Pierrepont Plaza.

"Contact an attorney before speaking with insurance adjusters," advises Roitman. "Insurance companies often take recorded statements within days of injuries, before workers fully understand their conditions. What people say in these early conversations can be used to reduce or deny benefits."

While workers' compensation is generally the exclusive remedy for workplace injuries, several exceptions allow injured workers to pursue additional compensation. If someone other than the employer caused the workplace injury, workers can file personal injury lawsuits against third parties while also collecting workers' compensation benefits. Common third-party claims involve equipment manufacturer defects, property owner negligence, motor vehicle accidents, and subcontractor negligence.

Construction workers in Brooklyn have additional protections 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. Workers injured in falls from heights or struck by falling objects at construction sites can sue property owners and general contractors even while collecting workers' compensation. "Construction workers facing falls from scaffolding, ladders, or roofs because of inadequate safety equipment have strong legal claims under Section 240," Roitman adds.

The workers' compensation claims process involves multiple steps. After reporting injuries to supervisors, employers must file Form C-2F with insurance carriers and the Workers' Compensation Board within 10 days. Workers must file Form C-3 stating their version of how injuries occurred and what benefits they're requesting. Insurance carriers have 18 days to either begin paying benefits or contest claims. Contested claims proceed to hearings where workers present medical evidence, testimony, and records supporting their cases.

Kucher Law Group maintains 24/7 availability to assist injured Brooklyn workers, with offices located at 463 Pulaski Street in Bedford-Stuyvesant. The firm works on a contingency fee basis, collecting attorney fees only if workers receive benefits. For workers throughout Kings County facing workplace injuries, prompt legal consultation can protect rights and secure benefits available under New York law. To schedule a consultation, contact Kucher Law Group at (929) 563-6780.

About Kucher Law Group:

Kucher Law Group is a Brooklyn-based law firm dedicated to representing injured workers throughout Kings County. Led by founding attorney Samantha Kucher alongside co-founder Michael Roitman and founding member Alex Rybakov, the firm has recovered over $50 million for injured clients with a 99 percent success rate. The team handles workers' compensation claims, third-party liability cases, and construction accident litigation throughout New York.

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Email: contact@rrklawgroup.com

Website: https://www.rrklawgroup.com/

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Company Name: Kucher Law Group
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Phone: (929) 563-6780
Address:463 Pulaski St #1c
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