Bangel, Cohen & Falconetti, LLPWorkers' Compensation Lawyers Elmhurst Queens New York2026-07-31T15:37:28Zhttps://www.bcfcomplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101359/2019/03/cropped-siteicon-32x32.jpgOn Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[What is a Schedule Loss of Use award in New York?]]>https://www.bcfcomplaw.com/?p=495162026-07-31T15:37:28Z2026-07-31T15:37:28ZReturning to work does not automatically end eligibility
Returning to work does not automatically end the right to an SLU award. These awards focus on permanent impairment, not just lost work time. In New York, they apply to lasting damage in specific body parts, and the amount of the award depends on the body part involved and the degree of loss.
What injuries may lead to a SLU award?
Since these awards usually involve permanent injuries to scheduled body parts, a worker needs medical proof showing lasting loss of use after the condition reaches a stable point. These awards often involve injuries such as:
Reduced range of motion in a hand, wrist or knee
Permanent weakness in an arm or hand
Lasting loss of function after surgery resulting from a work injury
Doctors' reports, impairment ratings and treatment records drive these claims. Early opinions do not always reflect the final level of loss, and disputes can arise over whether the rating matches the Board's guidelines. Because that rating can shape the value of the award, a worker may need to look closely at the medical record before the case moves forward. A lawyer can help challenge a low rating or an opinion that does not fully reflect the permanent loss, especially when the issue affects other parts of a work injury claim.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[What should I do if workers’ comp denies my medical care?]]>https://www.bcfcomplaw.com/?p=495122026-07-15T16:57:24Z2026-07-15T16:57:24Z hurt at work is stressful enough. This stress can compound when workers’ compensation then denies medical treatment or refuses a specific procedure, medication or specialist visit. Thankfully, a denial is often a procedural hurdle, not the final word. The key is to act quickly, document everything and use the dispute tools built into your state’s workers’ comp system to fight back.
Start by understanding the denial
There are a few core arguments that insurance providers often use in an attempt to support a denied claim. These often involve the insurer arguing one of the following:
Injury is not work-related
Requested care is not medically necessary
You did not follow treatment rules
Findings of a utilization review do not support the request.
In these situations, it is often helpful to ask for the denial in writing and read it closely. Note the date, the reason given and any deadlines for appeal.
Steps to take right away
Before you escalate the dispute, take a few practical steps to protect your health and your claim. These actions help to create a clear record and may lead to early resolution of any misunderstandings.
Request the written denial and the supporting reports, including utilization review or independent medical exam opinions
Notify your treating doctor and ask for a detailed narrative report linking the treatment to the work injury
Keep a timeline of symptoms, appointments, work restrictions and out-of-pocket expenses
Follow all employer and insurer rules for authorized providers unless you are told otherwise in writing
After you complete these steps, you will be in a stronger position to challenge the decision with medical evidence and clean documentation.
Use the dispute and appeal process
Every state has a formal process to contest denied care, often involving utilization review appeals, administrative hearings or a workers’ comp board. Deadlines can be short, so do not wait. Your doctor may be able to submit additional justification, but many disputes require a legal filing.
When to talk with a workers’ comp attorney
If the insurer continues to deny care, alleges fraud, schedules repeated exams or you are facing surgery or long-term treatment, consult a workers’ comp attorney. Most offer an initial consultation and can explain strategy, deadlines and whether penalties or attorney fees may apply under your state’s rules.A treatment denial is serious, but it is often reversible. With the right documentation and guidance, many injured workers secure the care they need and keep their claim on track.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[What to do if repetitive work causes an injury]]>https://www.bcfcomplaw.com/?p=495052026-07-10T14:54:58Z2026-07-10T14:49:50ZSteps to take after a repetitive motion injury
Unlike a sudden fall, repetitive stress injuries often develop over weeks or months. Conditions such as carpal tunnel syndrome or tendinitis may qualify as occupational diseases when medical evidence connects them to repetitive duties that are a distinctive part of the job.
If you believe your job caused your condition, consider these actions:
Get medical care promptly. A medical evaluation can identify the condition and document how repetitive job duties may have contributed to it.
Notify your employer in writing. Give written notice as soon as you recognize that your medical condition may relate to your job.
File a workers' compensation claim. Submit the required Employee Claim (Form C-3) to the Workers' Compensation Board. File the form soon after reporting the condition and receiving medical care.
Track key dates. Record when symptoms began, when you first sought treatment and when a provider discussed a possible connection to your duties.
Prevent further damage. Follow your provider’s restrictions and discuss temporary task changes with your employer to reduce further strain.
These actions can also establish a clearer timeline of the condition. In New York, workers whose repetitive stress condition qualifies as an occupational disease generally must file a claim within two years of the date of disability or within two years after they knew, or reasonably should have known, that the condition was work-related.
Why the details of your condition matter
The date of your diagnosis, when your symptoms affected your ability to work and when you learned that your condition was job-related can all influence how a workers' compensation claim is evaluated.
Those details often determine which deadlines and documentation apply to your situation. Legal guidance can explain how those requirements relate to your circumstances and identify the records that support your claim.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[Most common back injuries on NYC construction sites]]>https://www.bcfcomplaw.com/?p=495012026-06-29T17:13:06Z2026-06-29T17:13:06ZDon’t take construction injuries lightly
Even a sudden shock or repetitive trauma can cause severe damage to your spine and affect your ability to earn a living. While every construction-related back injury is unique, some are much more serious than others. Here are some of the most frequent construction back injuries, including:
Spinal cord injury: If the spinal cord takes a serious blow by being compressed or bruised, it can interfere with communication between the brain and other parts of the body and, in severe cases, might result in partial or permanent paralysis.
Fractured vertebrae: A sudden fall from height can result in fractures of the bones, which might require extensive treatment and rehabilitation.
Back sprains and strains: Ligament, muscle and tendon tearing or overstretching is incredibly common from lifting heavy materials improperly.
Ruptured or bulged discs: A sudden shock from a fall or strain from heavy lifting can cause damage, bulges or rupture to discs.
A severe back injury could result in extensive treatment, medication, surgery and extended recovery periods that could affect one’s ability to continue working.
Going forward after a back injury
A serious back injury can affect a worker’s health, ability to earn a living and long-term recovery. However, New York law provides specific protection for injured workers. If you or your loved one sustained a back injury from construction work, seeking the help of a skilled legal professional could help you fight for the fair compensation you deserve.]]>by Bangel, Cohen & Falconetti, LLP<![CDATA[Workplace falls in NYC: Mistakes that can hurt a claim]]>https://www.bcfcomplaw.com/?p=494992026-06-29T10:54:54Z2026-06-29T10:53:52ZMistake 1: Waiting too long to report the workplace fall
After a workplace fall, time matters. In New York, injured workers generally must give written notice of a work-related injury within 30 days. A delay can put workers' compensation benefits at risk.
Without written notice, insurance companies may question when, where or how the injury happened. Reporting the accident promptly helps protect a claim. It creates a record of the fall while the details are still clear.
Mistake 2: Failing to protect the evidence that supports the claim
Evidence often determines whether a claim is approved, disputed or undervalued. But this evidence can quickly disappear after a workplace fall. So, preserving photographs and videos can help reveal what led to the fall. Collecting witness names and contact information can also help confirm what happened.
Accident reports create an official record, while medical records link the injury to the workplace accident. Acting quickly to preserve key information can make it easier to prove the facts and support a stronger case.
Mistake 3: Sharing conflicting information
Clear and accurate information can help support a claim. Insurance companies often compare statements made to police, doctors and insurance adjusters with medical records and other evidence. If details do not match, they may question the claim. Honest and consistent information about the accident, injuries, symptoms and medical history can help avoid disputes. Reporting any missed or incorrect details as soon as possible can also prevent issues later.
Protecting a workplace fall claim
Strong evidence helps support a compensation claim. Reporting the injury quickly, keeping clear records and talking to a workers' compensation lawyer soon after the accident can help protect key evidence, avoid common problems, and secure the benefits available under the law.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[How does New York protect injured workers?]]>https://www.bcfcomplaw.com/?p=494962026-06-18T13:42:46Z2026-06-18T13:42:46ZWhat rights are available to injured workers?
The Workers' Compensation Law (WCL) in New York was established to accommodate both the employers and employees interests. Under this law, the workers forfeit their right to sue, in exchange for several aids, including:
Applies to most types of employees irrespective of the size of business
Covers many workplace injuries regardless of who is at fault
Allows injured workers to choose doctors from authorized medical providers
Prevents employers from asking workers to pay for insurance
Protects workers from wrongful termination for filing or planning to file a claim
Because the state practices a no-fault process, workers can start receiving benefits even if the employers are not proven to be at fault. However, these powerful legal protections are completely dependent on an individual's ability to meet strict state-mandated timelines.
Crucial deadlines to consider when filing a claim
New York state gives an injured worker 30 days to inform their employer of any workplace injury or accident. If an injured worker does not inform their employer within this time, their workers’ comp claim can be denied.
Injured workers generally get two years from the date of the injury to file a workers’ comp claim with the NYS Workers’ Compensation Board. Employees can file a complaint if their employer’s insurance company disputes for reasons such as the level of disability incurred, or for a decrease or termination of compensation benefits.
Most of the injury related cases are handled administratively, by the NYS Workers’ Compensation Board. Because of the WLC, workers might not be able to sue their employer, but some cases may still require legal intervention. Cases involving negligent third parties or severe injuries can be some of the grounds to seek legal help.
Protecting workers’ rights after a workplace injury
The state has a meticulous legal system to protect workers whether they are full-time, part-time or contractual. However, the workers’ compensation process can become tedious, especially in cases of insurance disputes or employer retaliation. When complexities arise, legal guidance may help injured workers understand their rights while focusing on their recovery.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[What if a foreman tells you not to report a construction injury?]]>https://www.bcfcomplaw.com/?p=494862026-05-25T15:06:19Z2026-05-25T15:06:19ZWhy written notice matters after an accident
The New York Workers’ Compensation Board says you should notify your employer as soon as possible, but within 30 days of the injury. While a formal letter or email is ideal, any written proof, such as a text message, is stronger than a verbal report to a foreman, which can be harder to prove later.
If you miss this deadline, the insurer may challenge your right to benefits. Written notice helps preserve key details before the jobsite changes.
What state law says about retaliation
You may fear losing your job if you refuse your foreman’s request or report the injury anyway. New York Workers’ Compensation Law Section 120 prohibits employers from firing or discriminating against you because you filed or tried to file a claim.
If your employer punishes you for filing a claim or giving notice, you may be able to file a discrimination complaint with the board.
Steps that can help create a clear record of the accident
After an accident, these steps can help document what happened:
Tell the medical provider that you were hurt at work.
Give your employer written notice with the date, location and nature of what happened.
File Form C-3 with the Workers’ Compensation Board as soon as possible. The legal deadline is generally two years, but earlier is better.
Save copies of notices, medical records, texts, emails, photos and witness names.
Having this proof can make it harder for the insurer to minimize or question your injury later.
Protecting your claim through clear documentation
A request to stay silent can leave you without important records later. Reporting the injury, getting care and saving proof can keep the claim process from depending only on a supervisor’s version of events, and can help put you in a better position to secure the right compensation.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[4 reasons your workers’ comp benefits may be reduced in New York]]>https://www.bcfcomplaw.com/?p=494832026-05-14T03:38:12Z2026-05-14T03:38:12ZIf your workers' comp check suddenly drops, you may not know why. New York's workers' compensation system allows insurers to reduce your benefits under specific legal conditions.
Maximum medical improvement
A doctor may declare that you have reached Maximum Medical Improvement (MMI), meaning your condition has stabilized. Under New York Workers' Compensation Law Section 15, your weekly benefit is calculated as two-thirds of your Average Weekly Wage multiplied by your disability percentage. If an insurance-appointed doctor lowers that percentage, your benefit drops immediately.
Returning to light-duty work
Your employer may offer you a modified role while you recover. If that job pays less than your pre-injury wages, you may receive reduced earnings benefits. These pay up to two-thirds of the difference between your old and new wages. Refusing a suitable offer without cause can suspend your benefits entirely.
Missing medical appointments
Non-compliance with treatment gives insurers a reason to challenge your claim. This can include:
Missed appointments: Skipping scheduled visits with your treating doctor.
Refused therapy: Declining physical therapy your doctor prescribed.
Ignored prescriptions: Failing to take medications as directed.
Consistent non-compliance may lead the insurer to argue you are not actively recovering.
Surveillance and fraud allegations
Insurance carriers may hire investigators to monitor your activities. Footage showing physical tasks that contradict your stated limitations can be used to reduce or terminate your benefits. Social media posts can also serve as evidence. New York Workers' Compensation Law treats fraud as a serious matter and the Workers' Compensation Board has authority to act on those findings.
What to do if your benefits are reduced
You have the right to challenge a reduction through a formal hearing before the New York State Workers' Compensation Board. Gather updated medical records from your own physician. Document all appointments and keep records of any job offers you receive. Act quickly, as appeal deadlines are strict. An attorney can help you understand your options and whether the reduction followed the rules underNew York Workers' Compensation Law.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[Can you file a construction injury claim if you were paid cash?]]>https://www.bcfcomplaw.com/?p=494802026-05-12T15:40:09Z2026-05-12T15:40:09ZWhy cash pay does not end the claim
New York employers generally must carry workers’ compensation coverage for employees. This coverage can pay for medical treatment and part of your lost wages after an injury that arises out of and in the course of employment.
If a contractor paid you in cash, the employer or insurance carrier may dispute your job status or deny that you worked on the project. They may also argue that you were an independent contractor rather than an employee. However, the facts of the working relationship usually determine your status, including who controlled your schedule, assigned your tasks, supplied your tools and directed how you performed the work.
What proof can help support your case
When official payroll records are missing, other details may help show that you worked at the site and suffered an injury there. Useful proof may include:
Text messages about your schedule, pay rate or job location
Photos of you at the construction site
Names and contact information for coworkers who saw you working
Sign-in sheets, delivery logs or site access records
Medical records that explain when, where and how the injury happened
You should report the injury to your supervisor as soon as possible. In New York, you usually must give written notice within 30 days. Missing that deadline can jeopardize your benefits unless the Workers’ Compensation Board excuses the delay. You may also file an Employee Claim, or Form C-3, with the Workers’ Compensation Board, generally within two years of the accident.
When other construction laws may matter
Workers’ compensation is not the only issue after every job site accident. New York Labor Law Section 240 applies to certain elevation-related hazards, such as falls or falling objects. Section 241 addresses safety requirements; these laws may allow for personal injury claims involving pain and suffering, which workers’ compensation does not cover.
Even if the contractor paid you in cash, you may still have a personal injury claim against third parties that created or allowed unsafe site conditions. A legal professional can help clarify which options may apply and which details may need closer review.]]>On Behalf of Bangel, Cohen & Falconetti, LLP<![CDATA[Can Queens workers get comp for repetitive wrist pain?]]>https://www.bcfcomplaw.com/?p=494762026-04-30T14:58:17Z2026-04-30T14:58:17ZWrist pain does not always come from one sudden injury. For many Queens workers, it builds slowly after months or years of scanning items, typing, cleaning, lifting, driving, using tools or working on an assembly line. At first, the pain may seem minor. Then numbness, tingling or weakness can make the job harder to do.
New York workers’ compensation may cover injuries and illnesses that develop as a direct result of work. That can include repetitive wrist conditions when job duties contribute to the problem.
Repetitive pain can still be work-related
Some workers hesitate to report wrist pain because they cannot point to one specific incident. Repetitive strain injuries work differently. The harm often comes from doing the same motion again and again, holding the wrist in awkward positions or using vibrating tools.The New York Workers’ Compensation Board notes that proper training can help reduce common workplace injuries such as repetitive strain. Jobs involving frequent gripping, twisting, typing, lifting or scanning may place extra stress on the hand and wrist.
Medical records matter in these claims
A repetitive wrist injury claim often depends on medical evidence. A doctor may evaluate symptoms, job duties, physical limits and whether the condition appears connected to work.Workers should be specific when describing their tasks. Instead of saying “my wrist hurts,” explain how often you lift packages, use a keyboard, stock shelves, handle tools or repeat the same hand motion. Those details can help connect the condition to your work.In a workers’ compensation claim, useful records may include:
Medical reports
Work restriction notes
Job descriptions
Photos of tools or workstations
Schedules showing repeated duties
Messages reporting pain to a supervisor
These records can help show how the injury developed and how it affects your ability to work.
Benefits may help during treatment
If the claim qualifies, workers’ compensation may cover medical care. It may also provide some wage replacement if the injury keeps you from working or causes you to earn less.The New York Workers’ Compensation Board says injured workers must file a claim to receive benefits. Reporting symptoms early and seeking medical care can help prevent delays if the condition worsens.
Start with clear documentation
Repetitive wrist pain can be easy to dismiss until it affects your grip, sleep or ability to finish a shift. If your job duties seem connected to the pain, start documenting what you do each day, when symptoms appear and how the condition changes. Clear records can make it easier to explain the injury before memories fade or work assignments change.]]>