Coronavirus (COVID-19) Alert: Our firm is open and serving the needs of existing and new clients.

New York Workers’ Compensation

What should I do if I am involved in a work related accident?

Immediately notify a supervisor or your employer that you were injured while working and complete a written accident report. If you do not give your employer notice of the accident within 1 month, you may lose your right to benefits. If necessary, seek medical attention and inform the doctor or hospital that you injuries occurred at work.

Can I recover Workers Compensation benefits if I was paid off the books?

Workers who are paid off-the-books are entitled to Workers Compensation benefits. Unfortunately, off-the-books workers who have work related accidents are frequently victimized by their employers. Typically, employers tell workers not to file a Workers Compensation claim and not to tell the doctor or hospital that the injuries occurred at work. If you are paid off-the-books, you should keep a record of your earnings. By law, you may be required to file income tax returns.

Can I recover Workers Compensation benefits if I am an undocumented worker or illegal immigrant?

You are entitled to Workers Compensation benefits regardless of your immigration status.

Who will pay my medical bills?

You must inform the doctor or hospital that your injuries occurred while you were working and that the bills will be paid by your employers Workers Compensation insurance company. Your employer is required by law to provide you with information about the Workers Compensation insurance company.

Who will pay my lost wages?

If you cannot work due to a work related accident, you may be entitled to collect payments from your employers Workers Compensation insurance company. The amount of your payments depends upon the level of your disability and the amount you were paid by your employer before the accident. In order to receive payments, your doctor must indicate that you have an ongoing disability every 90 days. In addition, you may be required to actively search for a new job if you are partially disabled.

Will I be able to start a lawsuit as well?

Generally, if your employer has Workers Compensation insurance, you cannot sue your employer or a co-worker for injuries suffered in a work related accident. However, there are exceptions to this rule that should be discussed in more detail with an experienced attorney. If your injury was caused by someone other than your employer or co-worker, you may be able to file a lawsuit for personal injuries in addition to filing a claim for Workers Compensation benefits.

Select A Practice Area

Construction Accident


$1.7 million verdict in New York County against the driver of a delivery truck who struck a man as he was crossing the street within the crosswalk in Manhattan.

Motor Vehicle Accident


$3.6 Million settlement in New York Supreme Court for a Spanish speaking construction worker who fell off a 6 foot ladder and landed onto metal and wooden debris. The worker required lumbar spinal surgery for his injuries and needed surgeries to both knees from the fall. The worker could not return to work and suffered depression from his injuries resulting in a suicide attempt.

Construction Accident


$3.2 million verdict in Queens Supreme Court for an undocumented Polish speaking construction worker who fell 12 feet during a demolition project. The worker fractured a vertebrae and herniated several discs in his spine requiring surgery. The plaintiff was unable to return back to work due to his injuries.

Motor Vehicle Accident


$1.5 million verdict in Supreme Court Kings County for a woman struck by a car that jumped the curb and hit the pedestrian while standing on the sidewalk across from Prospect Park, Brooklyn.

Slip And Fall Accident


$1.9 million verdict in New York Supreme Court for a bank manager who slipped and fell on a wet floor, resulting in spinal injuries. The building owner knew about a recurring leak inside the basement cafeteria but failed to correct the problem.

Construction Accident


$2 million settlement in Queens Supreme Court for Polish construction worker who fell 2 stories from a bucket. The worker’s supervisor told the construction worker to ride the material bucket down to use the bathroom because it would save time. The worker fractured his pelvis in several places requiring surgery and was unable to return to work.

Medical Malpractice


Defense counsel offers 11 cents to settle before trial and the jury renders a verdict of $4.5 million dollars for a medical malpractice victim and his wife. The action was commenced in New York Supreme Court for a patient who suffered massive internal bleeding during a lower back surgery when the surgeon negligently cut an artery and failed to promptly treat the condition, causing a loss of oxygen and injury to the brain. The anesthesiologist failed to properly monitor the patient’s vitals during the surgery and alert the surgeon of the drop in blood pressure.



$1.25 million settlement in New York Supreme Court against building owner for negligent security that caused two women to be assaulted while leaving work. A masked man entered their elevator from a floor that was supposed to be closed off for construction. The assailant used a metal pipe to attack the two women. The two women split the settlement monies.

Construction Accident


$1.5 Million settlement in New York Supreme Court for a construction worker who was struck by a piece of concrete that fell on his head and back. Workers above were chipping concrete despite knowing that people were working directly below them. The plaintiff required surgery on his neck but made a good recovery.

Medical Malpractice


$3.9 million settlement in Supreme Court Kings County for a Brooklyn man who suffered a stroke shortly following an eye surgery. The patient was given medical clearance for local anesthesia but instead was placed under general anesthesia for 7 hours. The patient’s blood pressure was not well controlled resulting in a 30 minute hypertensive emergency near the end of the operation. The patient died after 7 years of living in different nursing homes.

Slip, Trip and Fall, New York


$1.4 Million settlement for Queens Hispanic woman who slipped and fell on ice walking out the door of her rented basement apartment.


    I did not think myself that we will win this difficult matter and become victorious, especially after being rejected by numerous other attorneys…but your professionalism Brett, dedication and determination, not to mention a huge heart, was how we prevailed


    When I brought my situation to a local attorney he directed me to Brett Nomberg, and I’m so glad he did. Someone always was able to give me a status of what was going on. Your team made my wife and I realize we were dealing with a truly professional firm and at the same time, sympathetic to our needs. Great job. Excellent Customer Service.


    I want to thank you for all the help and support that was given to my parents by you and your colleagues. Your firm’s time, effort and dedication, is without question second to none and this led to a successful settlement


    We can’t thank you enough for the wonderful representation you provided and for believing in our case. It was very vindicating to have a judge and jury decide in our favor.


Share This