Are you looking for a slip and fall lawyer in Brooklyn, NY?
At Polsky, Shouldice & Rosen, P.C., we are trusted slip and fall lawyers serving clients across Brooklyn for over 30 years.
If you've slipped, tripped, or fallen while working in Brooklyn, the first weeks after the injury decide whether your claim holds up. A wet loading dock, a loose stair tread, an unlit stockroom floor, or an uncovered hole on a job site can end a workweek and start a long recovery. Our attorneys have represented injured workers in New York since 1987 and handle both the workers' compensation claim and any claim against a negligent property owner or contractor. A Brooklyn, NY slip and fall lawyer starts from a stronger position. Contact our Brooklyn office to schedule a free consultation.
Slip and Fall Lawyer Brooklyn, NY
A slip and fall lawyer represents people injured when a hazard on a floor, stairway, sidewalk, or work surface causes them to lose their footing. For a Brooklyn worker, the case usually runs on two tracks. Workers' compensation pays medical care and a portion of lost wages without regard to fault. A separate claim against a third party, such as a building owner or a subcontractor who created the hazard, can recover losses that workers' compensation does not pay.
Falls, slips, and trips caused 19 of the 69 fatal work injuries in New York City in 2023, or 28 percent, according to BLS fatality data for the city. Twelve of those fall deaths occurred in construction. A Brooklyn slip and fall attorney at Polsky, Shouldice & Rosen, P.C. sorts out which track applies to your injury and which deadlines are already running.
Types of Slip and Fall Cases We Handle in Brooklyn
Our slip and fall attorneys in Brooklyn, NY represent employees hurt in falls at job sites, in commercial buildings, in warehouses, and on the streets and sidewalks they work from. We represent the injured worker, never the employer or the carrier. The cases below are the ones that reach our Brooklyn office most often.
- Construction site accidents. Tripping over debris, slipping on a wet deck, or stepping through an unguarded opening accounts for a large share of Brooklyn construction injuries. We identify every contractor and owner on the site, because a party other than your employer may owe you damages.
- Falls on wet or slick floors. Kitchens, grocery stores, hospitals, and warehouses produce spills and condensation that are never cleaned up in time. We pull incident reports, maintenance logs, and surveillance footage before they are overwritten.
- Stairway and ladder falls. A missing handrail, a broken step, or a ladder set on an uneven surface turns a routine climb into a fracture. We document the condition of the stairs or equipment on the day of the fall.
- Sidewalk and curb falls. Delivery drivers, home health aides, and field workers fall on broken sidewalks and icy curbs across Brooklyn. Responsibility for the sidewalk often rests with the adjacent property owner rather than the city, and we trace who owed the duty to maintain it.
- Falls caused by poor lighting. Stockrooms, stairwells, and parking structures with dead fixtures hide the hazards that cause falls. Lighting conditions are a central part of the evidence we collect.
- Loading dock and warehouse falls. Falls from dock edges, off pallets, and over strapping and shrink wrap are common in the distribution centers along the Brooklyn waterfront. We handle the workers' compensation claim and evaluate whether a tenant, landlord, or equipment supplier shares liability.
- Repeat and aggravated injuries. A fall that reinjures a back, knee, or shoulder still qualifies for benefits. We address pre-existing conditions directly rather than letting the carrier use them to cut your award.
- Denied and disputed claims. Carriers deny fall claims by arguing the fall was unwitnessed, unrelated to work, or caused by a personal condition. We take those disputes to a hearing before the Workers' Compensation Board.
Why Choose Polsky, Shouldice & Rosen, P.C. as my Slip and Fall Lawyer in Brooklyn, NY?
Three Decades Before the Workers' Compensation Board
Mark Polsky has practiced workers' compensation law since 1987 and serves as President of the Nassau County Bar Association Workers' Compensation Committee. Donald Shouldice joined the bar in 1992 and sits on the Board of Directors of the Workers' Compensation Alliance, where he works on legislation that affects injured workers. Adam Rosen has practiced since 1995, became a partner in 2000, and chairs the Nassau County Bar Association Workers' Compensation Committee. All three are members of the Injured Workers' Bar Association. That depth is what a workers' compensation lawyer in Brooklyn, NY should bring to a contested fall claim.
A Record of Recovering Benefits for Injured Workers
Our firm has recovered medical benefits, wage replacement, and permanent disability awards for injured New York workers for more than 30 years. Our slip and fall lawyers in Brooklyn handle every claim on a contingency basis with no upfront fees. The initial consultation costs nothing. Our Brooklyn office sits at 300 Cadman Plaza West in the same building that houses the Workers' Compensation Board's Brooklyn district office.
What Is Important To Understand About Slip and Fall Cases?
Damages, Liability, and Compensation for Slip and Fall Cases
Compensation for a workplace fall in Brooklyn comes from two sources, and each has its own rules.
- Workers' compensation pays for all reasonable medical treatment related to the fall, with no deductible and no fault inquiry.
- Wage replacement under workers' compensation equals two-thirds of your average weekly wage, multiplied by your degree of disability, up to a statutory maximum.
- A permanent injury to an arm, leg, hand, or foot can qualify for a schedule loss of use award even after you return to work.
- Workers' compensation does not pay for pain and suffering, and in most cases you cannot sue your employer directly.
- A third-party claim against a property owner, general contractor, or equipment supplier can recover pain and suffering and full lost earnings. Under New York's comparative negligence rule, your own share of fault reduces that recovery but does not bar it.
What Are Important Aspects of a Slip and Fall Case?
The first question in any fall case is what caused it. The second is who knew about the hazard and for how long. Carriers and defense lawyers treat an unwitnessed fall as a weak claim, which is why no witnesses is not the end of a case but the start of an evidence problem we solve with photographs, maintenance records, and medical timing.
- Notice to your employer within 30 days preserves the workers' compensation claim.
- Surveillance video in most Brooklyn buildings is overwritten within days or weeks, so a preservation request goes out immediately.
- Your own statement to the carrier can be used to assign fault or deny the claim, and you are not obligated to give one before speaking with counsel.
- Comparative negligence arguments, such as improper footwear or inattention, matter only on the third-party claim, not the compensation claim.
- Pain and suffering, future lost earnings, and full damages are available only against a third party, so identifying one early changes the value of the case.
What Is The Slip and Fall Case Timeline?
A workers' compensation fall claim and a third-party lawsuit run on different clocks. The compensation claim moves faster, and the lawsuit can take years. Here is the usual sequence.
- Notice to the employer within 30 days and a Form C-3 filed with the Workers' Compensation Board, which must be done within two years of the accident.
- The carrier accepts or controverts the claim, usually within a few weeks, and wage benefits begin or are disputed.
- Hearings before a Workers' Compensation Law Judge resolve disputes over causation, disability rate, and treatment, often within three to six months of filing.
- A third-party action against a property owner or contractor must be filed within three years of the fall and proceeds through discovery and depositions in Kings County Supreme Court.
- Permanency classification or a schedule loss of use award follows maximum medical improvement, and a Section 32 settlement can close the compensation claim at that stage.
What Should You Bring to Your Slip and Fall Consultation?
Bring the paperwork you have. Missing items do not delay the meeting, and our office requests records directly.
- Any incident or accident report your employer completed
- Photographs of the hazard, the location, and your injuries
- Names and contact information for coworkers or bystanders who saw the fall
- Discharge papers, imaging reports, and the names of every treating provider
- Any letter, form, or denial you received from the insurance carrier or the Board
The consultation with a Brooklyn slip and fall lawyer runs about 45 minutes. You leave knowing whether a third-party claim exists alongside the compensation claim, what deadlines apply, and what we will file first.
Brooklyn Workers' Compensation Board and Local Resources
Workers' compensation hearings for Brooklyn claims are administered through the Board's Brooklyn district office at One Pierrepont Plaza, 300 Cadman Plaza West, with most hearings conducted through the Board's virtual hearing system. The Board's information for workers page explains how a C-3 claim form is filed online or by mail. A hazardous condition in a Brooklyn building, such as a broken stair or missing guardrail, can be reported to the NYC Department of Buildings through 311, and an unsafe job site can be reported to OSHA. Those reports create a public record of the hazard that supports a later claim.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
A fall at work in Brooklyn starts two deadlines and one investigation, and all three favor the party that moves first. Contact us to schedule a free consultation with a Brooklyn slip and fall attorney. We review the accident report, the hazard, and the carrier's position, and we explain both claims before you sign anything. There are no upfront fees, and our phones are answered 24 hours a day.
