Getting injured on the job changes everything. One minute you’re doing your work and supporting your household, and the next, you’re facing hospital visits, lost wages, and the stress of wondering when things will return to normal.
If you’re hurt at work in the Bronx, the law provides a way for you to get medical care and financial help. But too often, workers’ compensation becomes a maze of delays, denials, and unanswered questions.
A Bronx workers compensation lawyer can step in to help you get the benefits you’re owed, make sure you’re treated fairly, and take on the insurance company so you don’t have to.
Key Takeaways
📄 Scope and Legal Framework
- New York mandates coverage for nearly all occupations under Workers’ Compensation Law, protecting employees injured on the job
- It’s a no-fault system, so benefits are available without proving third-party negligence—though victims can pursue additional claims if another’s negligence contributed
- Maggiano, DiGirolamo & Lizzi specialize in maximizing both workers’ comp benefits and third-party damages when applicable
🔗 Cases We’re Currently Accepting
- Workplace injuries from:
- On-the-job accidents (e.g., falls, equipment injuries, exposures)
- Occupational diseases (e.g., repetitive strain, toxic exposures)
- MVCs while working, including trucking or delivery
- Negligent third-party incidents (e.g., defective machinery, subcontractor negligence)
📅 Recent Legal Trends & Developments
- Surge in disputed cases, with employers contesting eligibility or severity in nearly 15% of Bronx claims
- Workers’ comp board increasingly scrutinizes impairment ratings and medical causation, causing higher appeal rates
- Section 32 lump-sum fix and stipulation negotiations have risen in popularity for providing accelerated benefit certainty
- Notable verdicts:
- $2.6M for construction-related fatality
- $425K for a fall causing severe back injury
⚖️ The Parties’ Legal Positions
- Claimants: Seek benefits for medical treatment, temporary/permanent disability, wage loss, and survivor support—often backed by medical examiners and vocational experts
- Employers/Insurers: Frequently dispute causation, attempt to rerate impairments, suggest underlying conditions, or delay benefits to wait for formal hearings
💰 Benefit Potentials
- Temporary disability benefits: 2/3 of average weekly wage until recovery or rating
- Scheduled loss awards: Based on extent of permanent impairment
- Non-scheduled permanent disability: Two-thirds of wages paid weekly for life
- Lump-sum settlements via Section 32 agreements can offer immediate, structured payouts
- Survivor benefits (death-related claims): Weekly income and funeral expenses for eligible dependents
⚠️ Major Concerns / Expectations
- File injury reports within 30 days and medical treatment quickly—delays weaken claims
- Document causation clearly for diseases or exposure-related conditions (medical and vocational evidence critical)
- Appeal denied claims promptly—insured disputing is common, especially for contested disability
- Third-party negligence (e.g., subcontractor, defective equipment) can unlock much higher compensation beyond basic comp
- Be aware of a 2-year filing deadline from injury discovery in the Bronx
What Is Workers’ Compensation in New York?
Workers’ compensation is a state-mandated system that provides benefits to employees who are hurt or become ill because of their job. In New York, nearly all employers must carry workers’ comp insurance.
If you’re injured at work, this system covers your medical treatment and pays part of your wages while you recover. Unlike a personal injury case, workers’ comp doesn’t require proof that someone else caused the injury.
It’s a no-fault system—if it happened on the job, you may qualify. But many workers run into problems with delayed care, denied claims, or pressure to return before they’re ready.
Common Job-Related Injuries in the Bronx
The Bronx has one of the most diverse and physically demanding labor forces in New York City. Construction, warehouse, healthcare, transit, and food service jobs all carry risks.
Some of the most frequent injuries seen in Bronx workers’ comp cases include:
- Falls from ladders, scaffolds, or slippery floors
- Lower back strain from heavy lifting
- Knee and shoulder injuries from repetitive motion
- Burns, electric shock, and chemical exposure
- Machinery accidents
- Transportation-related crashes for delivery drivers and tradespeople
- Cuts and broken bones from job site accidents
Even if your injury seems minor at first, it can turn serious over time. Getting the right treatment early and filing your claim correctly is key.
What Benefits Can Injured Workers Receive?
Under New York law, injured workers may be entitled to several types of benefits:
- Medical care: All necessary treatment related to the injury, including doctor visits, surgery, physical therapy, and prescriptions.
- Wage replacement: Temporary disability benefits are paid if you cannot work due to your injury. These are typically two-thirds of your average weekly wage, up to a set maximum.
- Permanent disability: If you have a lasting condition that limits your ability to work, you may qualify for additional compensation.
- Vocational rehabilitation: If you can’t return to your previous job, you may be eligible for training or job placement assistance.
- Death benefits: Families of workers who die from job-related injuries may receive funeral costs and lost income support.
Your benefits depend on how your claim is handled. Having someone experienced by your side helps you avoid mistakes that could cost you time and money.
When to Call a Workers Compensation Lawyer in the Bronx
Some injured workers think they can handle the system on their own—until things go wrong. Here are signs that it’s time to talk to an attorney:
- Your claim was denied or delayed
- You’re not receiving the right medical treatment
- You were told to return to work before you’re ready
- Your employer is disputing your injury
- You were fired or demoted after filing a claim
- You’re being pressured to accept a settlement
- You suffered permanent injuries or can’t return to your job
Even if you haven’t hit a roadblock yet, a lawyer can give you confidence that your claim is on track.
How a Bronx Workers Compensation Lawyer Can Help
When you work with a legal team focused on work injury cases, you don’t have to deal with the stress alone. Your lawyer will:
- File your paperwork properly and on time
- Deal directly with the insurance carrier and employer
- Help you get proper medical evaluations
- Represent you in hearings and appeals
- Maximize any settlement offers
- Explain your rights clearly and answer all your questions
You don’t need to worry about upfront fees. Workers’ compensation attorneys in New York generally work on a contingency basis, meaning they only get paid if you receive benefits.
Time Limits for Filing a Workers’ Comp Claim in New York
You must notify your employer about your injury within 30 days of the incident. You then have two years to file a formal claim with the New York State Workers’ Compensation Board.
Missing these deadlines could put your benefits at risk. A lawyer can make sure nothing falls through the cracks.
What If a Third Party Is Also Responsible for Your Injury?
If someone outside your employer’s company caused your injury—such as a driver in a traffic accident or a subcontractor on a job site—you may have a separate personal injury claim in addition to your workers’ comp case.
This could mean additional compensation for pain and suffering or long-term loss of income. A qualified attorney can help determine whether a third-party lawsuit is possible.
Can You Receive Workers’ Comp If You’re Paid Cash or Don’t Have a Formal Job Contract?
In some Bronx industries—especially construction, food service, cleaning, and delivery work—it’s common for people to be paid in cash or work without a written contract. That doesn’t mean you give up your rights if you’re hurt on the job.
Under New York law, what matters most is whether you were working under someone’s direction and control. If you show up regularly, take orders from a supervisor, and do work that benefits a business, you may legally be considered an employee—even if you’re not officially on the books.
Injured workers in this situation are often told they’re not eligible for compensation, or worse, pressured not to file a claim at all. But the law protects you. Employers cannot avoid responsibility because they choose not to follow proper hiring practices.
Filing a claim may require additional documentation, such as text messages, time sheets, witness statements, or pay records—even if those records are informal. A lawyer can help you gather what you need and ensure your voice is heard.
No matter how you were paid, if you were injured doing your job, you have the right to seek benefits for medical treatment and lost wages. Don’t let fear or uncertainty keep you from getting the help you deserve.
Your Rights as an Injured Worker
Employers and insurance companies may not explain all the benefits you’re entitled to. That leaves too many injured workers settling for less than they deserve.
- You have the right to choose a qualified healthcare provider within the network
- You have the right to a fair hearing if your benefits are denied
- You have the right to appeal decisions you disagree with
- You have the right to receive support if your injury prevents you from returning to work
Knowing these rights helps you avoid being taken advantage of.
Why Local Representation Matters
In a borough as diverse and busy as the Bronx, you want a legal team that knows the people, the employers, and the way local claims are handled. The courts, insurance adjusters, and even the medical providers in the area all influence how cases unfold.
Having a lawyer with Bronx roots or strong local experience means they understand how to get things done here, and how to push back when things aren’t going the way they should.
Why Choose Us to Handle Your Bronx Workers’ Compensation Case
When you’re hurt at work, you want more than legal answers. You want real support. You want someone who knows what it means to live and work in the Bronx and understands how important it is to protect your income, health, and future.
Here’s what sets our firm apart:
- We know the Bronx. From the construction sites near Grand Concourse to the hospitals and schools across the borough, we’ve helped workers in almost every kind of job. We understand how local employers and insurers operate, and we know how to fight back when things don’t go right.
- We don’t treat you like a file number. We listen, we explain, and we return your calls. Our team takes time to understand your injury, your job, and your concerns.
- We prepare every case with care. Whether your case settles or goes to a hearing, we build it from the ground up—gathering the records, talking to the doctors, and anticipating the insurance company’s tactics.
- We speak your language. We assist clients in English, Spanish, and other languages spoken in the Bronx. We make sure you understand your rights every step of the way.
- We don’t get paid unless you do. You never pay us upfront. We only collect a fee if we help you recover compensation.
If you want legal representation that works as hard as you do, we’re ready. We’ll stand with you until your case is resolved and you’ve received everything you’re entitled to.
Legal Help You Can Count On
If you were injured on the job in the Bronx, you deserve support. You deserve to be taken seriously. And you deserve a legal team that knows how to get results.
Call Maggiano, DiGirolamo & Lizzi, P.C. today at (212) 543-1600 for a free, confidential consultation. We’re here to fight for your rights and help you move forward with strength.
Frequently Asked Questions
What if I didn’t report my injury right away, can I still file a claim?
You must notify your employer within 30 days of the injury, but delays are not always fatal to your claim. If you told a supervisor informally or sought medical treatment immediately, that might count as notice. Still, the sooner you act, the better your chances. An attorney can help clarify what counts as timely notice in your case.
Do I need to be a full-time employee to get workers’ comp benefits?
No. Part-time, seasonal, and even some undocumented workers are eligible for workers’ compensation in New York. The key factor is whether you were injured while performing job duties, not the number of hours you work.
Can I be fired for filing a workers’ compensation claim?
It is illegal for an employer to retaliate against you for filing a legitimate workers’ comp claim. If you are fired, demoted, or treated unfairly after reporting a work injury, you may have grounds for additional legal action.
What happens if I reinjure myself while recovering?
If your condition worsens or you reinjure the same area while following medical advice, you may be entitled to extended or modified benefits. Inform your doctor and employer immediately, and speak with a lawyer to protect your eligibility.
Will I get paid for the first week I miss from work?
In New York, you are not paid for the first seven days of missed work unless your disability lasts more than 14 days. If your injury keeps you out longer than two weeks, then you’ll be compensated for those initial days as well.
What if my employer doesn’t have workers’ comp insurance?
Even if your employer is uninsured, you can still file a claim through New York’s Uninsured Employers Fund. The process can be more complex, but you still have legal rights and access to benefits.
Can I go back to work while still receiving benefits?
Yes, in some cases. If you return to work in a limited or light-duty capacity and earn less than before, you may still qualify for partial wage replacement. Your benefits may be adjusted but not eliminated entirely.
Do I need a lawyer if the insurance company already offered me a settlement?
Yes, it’s a good idea. Settlements often include waivers that close your case permanently. Before signing anything, a lawyer can evaluate whether the offer truly reflects your current and future needs—especially if your injury may have lasting effects.
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
I am delighted to provide this testimonial for Mr. DiGirolamo. His representation of me during my case was unflagging over its four-year duration. He kept me informed, and prepared for every eventuality as the case progressed.
He understood my fears and pain, and saw to it that Workmans Comp provided support for me until my civil case was settled. He prepared me substantially whenever necessary. I was very grateful for his understanding of the disastrous effect my accident had on every aspect of my life.
He was always supportive and kind personally, and totally professional. He reminded me to be realistic about the eventual outcome, and advised me as to the importance of my demeanor and attitude.
Everyone I came in contact with at the office was polite and helpful, in particular Marisol Suarez, Mr. DiGirolamo’s paralegal assistant. I will always be grateful for the way my case was handled.
