Here's the deal. You got hurt at work. Maybe it was a fall off a ladder in a Jamaica brownstone, a back that gave out loading freight at a JFK cargo building, a slip in a restaurant kitchen on Main Street, or a crash on a delivery run. You're in pain, money is tight, and the paperwork already looks like it was designed to confuse you.
We're going to skip the throat-clearing. Below are ten rules every injured worker in Queens should know, written the way a good foreman would explain them: straight. A workers compensation attorney in Queens will tell you the details depend on your case. That's true. But these rules apply to almost everyone, and knowing them early can protect a lot of money.
Rule 1: Tell your employer within 30 days. In writing.
New York law requires you to give your employer written notice of a work injury within 30 days. Telling your supervisor out loud is a start. Following up with a text or email that says the date, the place and what happened is better. Keep a copy.
Late notice doesn't automatically kill a claim, but it gives the insurance carrier an argument you don't want them to have. If your injury came on slowly, like carpal tunnel or a back condition from repetitive lifting, the clock generally runs from when you knew or should have known it was work-related.
Rule 2: File your own claim. Don't wait for your boss.
You file a claim with the Workers' Compensation Board yourself, using Form C-3, which you can complete online through the Workers' Compensation Board. The general deadline is two years from the accident, or two years from when you knew or should have known an occupational illness was work-related. Your employer has its own reporting obligations, but your claim is your responsibility. File it.
Rule 3: Comp is "no-fault." It doesn't matter whose fault it was.
Workers' comp generally pays regardless of who caused the accident: you, a co-worker or nobody. You don't have to prove your employer did anything wrong. The trade-off is that comp doesn't pay everything. Which brings us to the next rule.
Rule 4: Know what comp pays, and what it doesn't.
Comp generally covers two big things: medical care and lost wages.
- Medical care: treatment for your work injury, generally paid directly to authorized providers, with no copays.
- Lost wages: generally two-thirds of your average weekly wage, multiplied by your degree of disability, up to a weekly maximum.
For injuries on or after July 1, 2026, the maximum weekly benefit is $1,281.50 and the minimum is $384.45 (or your actual wage, if lower), according to the Board's schedule of maximum weekly benefits. The figures change every July 1, and the rate that applies is generally the one in effect on the date of your accident.
What comp does not pay: pain and suffering. No matter how bad the injury, there's no comp check for that. That's why Rule 7 matters so much.
Rule 5: Use an authorized provider.
Except in an emergency, go to a health care provider authorized by the Workers' Compensation Board. Tell every provider it's a work injury and give them your claim number and your employer's insurance information. Show up to your appointments. Gaps in treatment are the first thing a carrier will point to when it wants to cut your benefits.
You may also be asked to attend an Independent Medical Examination (IME) by a doctor the insurance carrier chooses. "Independent" is the official word. You can generally bring someone with you, and it's smart to write down how long the exam actually took.
Rule 6: You generally can't sue your employer. There are exceptions.
Workers' comp is generally the exclusive remedy against your employer. In plain English: in most cases, you can't sue the company that employs you for a work injury.
The main exceptions:
- Your employer had no comp coverage. If an employer required to carry comp didn't, you may be able to sue directly.
- "Grave injury." Workers' Compensation Law § 11 lists specific catastrophic injuries, such as death, permanent total loss of use or amputation of an arm, leg, hand or foot, paraplegia or quadriplegia, total and permanent blindness or deafness, and certain acquired brain injuries resulting in permanent total disability. A grave injury opens the door for a third party who gets sued to bring your employer into the case.
Rule 7: Look for a third party. This is where real money often is.
You can't usually sue your employer, but you can sue other people or companies whose negligence caused your injury. That third-party lawsuit can recover what comp never will: pain and suffering, full lost earnings and future losses.
Common third-party situations in Queens:
- Construction falls. New York's Labor Law §§ 240(1) and 241(6) put special duties on property owners and general contractors to protect workers from gravity-related hazards and code violations. Our guide to Labor Law 240, 241 and 200 explains these rules, and our construction accident practice page has more.
- Car and truck crashes while working. If another driver hit you on a delivery or service call, you may have a claim against that driver. See our post on work vehicle crashes.
- Defective equipment. If a machine or tool failed, the manufacturer may be responsible. See our product liability guide.
- Unsafe property. If you were hurt at a site owned or controlled by someone other than your employer, that owner may be liable.
Rule 8: The comp carrier gets paid back. Plan for it.
If you win or settle a third-party case, the comp carrier generally has a lien under Workers' Compensation Law § 29 for what it paid you, reduced by its share of the legal fees and costs. You also generally need the carrier's consent, or a court order, before settling a third-party case. Settle without it, and you can lose future comp benefits. This is technical, and it's exactly where workers lose money by going it alone.
Rule 9: They can't punish you for filing.
Workers' Compensation Law § 120 makes it unlawful for an employer to fire, demote or otherwise discriminate against a worker because they filed, or tried to file, a comp claim. If that happens, write down what was said, by whom and when, and get advice quickly.
Not sure if you count as an "employee"? Many delivery and gig workers are told they're independent contractors. Labels aren't always the final word. The Board looks at the actual relationship, and some workers who were told they weren't covered turn out to be.
Rule 10: Don't settle your comp case before you understand it.
At some point, a carrier may offer to settle your case, often through what's called a Section 32 agreement, in exchange for closing out future benefits. Sometimes that's a good deal. Sometimes it's not. Before you agree, you should know your likely permanency rating, your future medical needs, whether you have a third-party case, and how a settlement could affect other benefits like Social Security Disability.
Also: comp and New York's no-fault auto insurance don't mix in the way most people expect. If you were hurt in a vehicle while working, comp is generally primary. Our no-fault claims guide explains the auto side.
Quick reference: the dates that matter
| What | General deadline |
|---|---|
| Written notice to employer | 30 days from the accident |
| File Form C-3 with the Board | 2 years from the accident (or from knowledge of an occupational illness) |
| Third-party personal injury lawsuit | Generally 3 years from the accident |
| Third-party claim against a city agency | Notice of claim generally within 90 days |
| Wrongful death claim | Generally 2 years from death |
Bonus rule: understand "permanency" before it's decided for you
If your injury leaves you with a lasting problem, your comp case will eventually reach a stage called permanency. It's one of the most important parts of a comp case, and one of the least understood.
There are two main routes. If the permanent injury is to an arm, leg, hand, foot, finger, toe, eye or ear, it's usually evaluated as a schedule loss of use (SLU). Doctors rate the percentage of lost use, and the law assigns a set number of weeks of benefits to each body part. A 30% loss of use of a leg, for example, is paid as 30% of the weeks assigned to the leg, at your compensation rate.
If the permanent injury is to the back, neck, head or another part of the body not on the schedule, it's usually handled as a non-schedule permanent partial disability. Benefits depend on your loss of wage-earning capacity, and they are capped at a number of weeks that depends on that percentage. These cases often turn on medical opinions, vocational evidence and testimony about what work you can still do.
Why this matters to you: the permanency rating is, in effect, the price of your injury in the comp system. The carrier's doctor will give a number. Your doctor will give a number. If those numbers are far apart, there may be a hearing. A careful lawyer makes sure your treating doctor's report addresses the right guidelines, so your rating isn't lower than it should be simply because of how a form was filled out.
A quick word on the people we see most
Queens workers who come to us tend to fall into a few groups. Airport and cargo workers around JFK, who lift and move freight on tight schedules. Construction and renovation workers on brownstones, apartment buildings and new developments. Restaurant and kitchen staff with burns, cuts and slips. Home health aides and hospital workers hurt lifting or transferring patients. Delivery workers on bikes, mopeds and vans. Each group has its own recurring issues, from employer classification to the third-party claims available. A good first conversation sorts out which ones apply to you.
Who this applies to
These rules apply to workers in nearly every industry we see in Queens: construction, airport and cargo, warehousing, restaurants, retail, home health and hospitals, cleaning, security, transportation and delivery. Our comp-or-lawsuit decision guide walks through the choice step by step, and our work injury practice page covers how we handle these claims.
Talk to someone who does this every day
Yakov Mushiyev & Associates represents injured workers in Queens, Brooklyn, Long Island and across New York City. We look at the comp claim and the third-party claim together, so nothing gets left on the table. Consultations are free, in English, Russian or Spanish, and you pay no fee unless we win. Call 718.775.3110 or tell us what happened.
Directions to Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, in southeast Queens near the Queens–Nassau border. The map below shows the route from JFK International Airport, Queens. We also meet clients by video, at home or in the hospital.
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Workers' compensation FAQ
How much does workers' comp pay in New York in 2026?
Lost wage benefits are generally two-thirds of your average weekly wage, adjusted for your degree of disability. For injuries on or after July 1, 2026, the weekly maximum is $1,281.50 and the minimum is $384.45, or your actual wage if lower. Medical treatment for the injury is covered separately.
Can I sue my employer for a work injury in Queens?
Usually not, because workers' comp is generally the exclusive remedy against an employer. Exceptions include employers without required coverage and certain "grave injuries." But you can often sue third parties, such as property owners, contractors, other drivers or manufacturers.
What if my employer says I'm an independent contractor?
The label your employer uses isn't necessarily the final answer. The Workers' Compensation Board looks at the actual working relationship, including who controls the work. Many workers who were told they weren't covered still have claims, so get advice before giving up.
Do I need a workers compensation attorney in Queens?
You aren't required to have one, but a lawyer helps with disputed claims, IMEs, hearings, permanency, settlements and, critically, any third-party lawsuit and the comp lien. Fees in comp cases are set and approved by the Board, so they're regulated.
What happens if I was hurt in a car crash while working?
Workers' comp generally pays first for a work-related vehicle crash. You may also have a separate personal injury claim against the at-fault driver, which can recover pain and suffering. The comp carrier may have a lien on that recovery.