Bronx Workers' Compensation Lawyer
Hurt at Work in The Bronx? Call a Reliable Worker's Compensation Lawyer Who Will Fight For Your Rights!
The Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP offer diligent, aggressive, down-to-earth workers comp lawyers in The Bronx who will fight hard for every penny of workers' compensation you deserve. For more than 90 years, we’ve been helping job injury victims who are in pain and may also be unable to do their jobs due to any number of job injuries, including construction injuries, carpal tunnel syndrome, and healthcare worker injuries. We are well versed in representing union members injured on the job as well as handling civil service disability pension claims for New York state, city, and municipal employees.
If you were injured in a workplace accident or have one of the many long-term workplace illnesses or occupational diseases that New Yorkers can get, including mesothelioma due to asbestos exposure, tunnel worker silicosis, cancer, or had a work-related heart attack, we know what you’re going through and will help you get back on your feet—physically, emotionally and financially. In most workers comp cases, the initial lowball offer our clients are pressured by insurance adjusters to accept is far lower than the amount they’ll eventually reach, so they won’t have to face us in court.
“Excellent service, for the first time in my life. I was able to experience the best customer service anywhere… Glad to be doing business with you and happy that your firm is on my case. You've made this process completely painless and comfortable. Thank you for making this so less stressful and allowing me to finally be able to relax on so many levels” – Bryan M.
FAQ About Bronx Workers’ Compensation
- What Are Common Bronx Workplace Injuries And Illnesses?
- What is Workers’ Compensation in The Bronx?
- Who Qualifies For Workers’ Compensation In The Bronx?
- What Benefits Can I Receive Under Workers’ Compensation?
- How Much Can I Receive For Wage Replacement Through Workers’ Comp?
- Are Medical Expenses Covered By Workers’ Compensation?
- Can I Choose My Own Doctor Under Workers’ Compensation?
- Can I Receive Workers’ Compensation If I Can Work In A Limited Capacity?
- Do I Have To Notify My Employer About My Workplace Injury Or Illness?
- How Much Time Do I Have To Tell My Employer About My Workplace Injury Or Illness?
- How Do I File A Workers’ Compensation Claim In The Bronx?
- Is There A Workers’ Compensation Office In The Bronx?
- What Is The Deadline To Apply For Workers’ Comp?
- How Long Does It Take To Receive Workers’ Compensation In The Bronx?
- How Long Can I Receive Workers’ Compensation?
- Can I Appeal A Denied Workers’ Compensation Claim?
- Can I Be Fired For Filing A Workers’ Compensation Claim?
- Can I Sue Someone For My Workplace Injury Or Illness?
- Why Should I Hire A Bronx Workers’ Compensation Lawyer?
What Are Common Bronx Workplace Injuries And Illnesses?
In the Bronx, as in other cities, workplace injuries can occur across various industries and job sectors. Common types of workplace injuries include:
- Broken bones – Fractures can happen when workers fall off scaffolding or ladders or slip and fall on slippery surfaces.
- Lifting injuries – Many jobs involve repeated heavy lifting. This can cause strains and sprains in muscles, tendons, and ligaments.
- Cuts and lacerations – This can happen to workers who handle sharp objects or work with machinery that involves cutting or shearing actions.
- Crush injuries – Fractures and amputations can happen when workers work with or near heavy machinery or construction equipment.
- Back and neck Injuries – These can be the result of slip and falls, overexertion, or repetitive motion involving heavy lifting.
- Burn injuries – Any worker in manufacturing, construction, or food services may be exposed to heat sources, chemicals, or electrical hazards that can result in burns, from first-degree burns to more severe third-degree burns.
- Respiratory injuries – Workers exposed to harmful substances or poor air quality, such as in construction, manufacturing, or chemical industries, may suffer lung damage, respiratory illnesses, or aggravation of pre-existing conditions.
If you’ve been hurt in a workplace accident, you deserve workers’ compensation benefits. These benefits can cover the cost of medical treatment and provide you with partial wages while you are unable to return to the workplace.
However, the claims process can be complicated. Employers and their insurance companies may dispute your claim. They may question how seriously you were hurt or argue that your injury was not job-related. That’s why you need an experienced workers’ compensation lawyer who knows how to move your claim forward.
Our attorneys are very familiar with the workers’ compensation laws in New York and what it takes to get results in the Bronx. We are determined to help you get the benefits you need and deserve after a workplace injury.
What is Workers’ Compensation in The Bronx?
Workers' compensation is a state-mandated insurance program that provides benefits to employees who get injured or become sick on the job. Most employers in New York State are required by law to have workers’ compensation insurance coverage. This program is a no-fault system. That means that sick or injured workers can receive workers’ compensation, regardless of who was at fault. Such coverage aims to provide financial support to workers while they recover from their workplace injury or illness. That way, they don’t have to pay for such expenses themselves out of their own pocket.
Who Qualifies For Workers’ Compensation In The Bronx?
Most employees working in the Bronx qualify for workers' compensation benefits, including full-time, part-time, and temporary workers. New York law mandates that almost all employers carry workers' compensation insurance. As a result, most employees are generally eligible to receive these benefits if they are injured on the job or develop a work-related illness. Some independent contractors, volunteers, or certain domestic workers may not qualify for workers’ comp, depending on their employment arrangement. If you are injured at work in The Bronx, you should talk to a workers’ compensation lawyer right away to find out if you qualify for such benefits.
What Benefits Can I Receive Under Workers’ Compensation?
Workers’ compensation includes many important benefits for sick or injured workers in The Bronx. Such benefits often include financial compensation for all medical care and wage replacement income if an injured employee cannot work or can only work in a limited capacity as a result of their work-related injury or illness. You may also be eligible to receive supplemental income if you are partially or totally disabled and cannot work in a full capacity or if you cannot return to your previous job and your new job pays less money. Additional workers’ compensation benefits include rehabilitation services if you need help returning to work or job training in order to learn a new skill if you cannot return to your previous work position due to a permanent disability.
How Much Can I Receive For Wage Replacement Through Workers’ Comp?
Wage replacement under New York’s workers' compensation system is generally calculated as two-thirds of your average weekly wage, up to a maximum amount under New York State law. The maximum amount changes annually to reflect cost of living adjustments. These payments are not subject to federal or state income tax, which helps make up for receiving a lower percentage of your regular earnings. The exact amount you receive will depend on your degree of disability and whether you are partially disabled or totally unable to work. This money is intended to help you manage financially while you recover from your workplace injury.
Are Medical Expenses Covered By Workers’ Compensation?
Yes, all necessary medical expenses related to a workplace injury or illness are covered by workers’ compensation in the Bronx. This includes emergency medical care, hospital visits, surgeries, medications, physical therapy, and other medical treatments deemed necessary by a workers' compensation-authorized doctor. There are no co-pays or deductibles for covered treatment, and you are entitled to all necessary care until you recover. The key is to make sure you use medical providers authorized by the New York Workers' Compensation Board to make sure that the bills are paid through the workers' compensation insurance without out-of-pocket costs to you. If you don’t follow New York’s workers’ compensation system rules, your claim could be denied, and you could be forced to pay for your medical expenses out of pocket.
Can I Choose My Own Doctor Under Workers’ Compensation?
You can choose your own doctor under workers' compensation. However, your doctor must be authorized by the New York Workers' Compensation Board. If your doctor is not authorized, your medical care will not be covered by your workers' compensation insurance. You can often find a list of authorized doctors on the Workers' Compensation Board's website. It’s also a good idea to choose a doctor who knows how to handle workers' compensation cases, especially since there’s often a lot of paperwork involving such claims. One exception is often emergency medical care immediately after a work-related injury or illness. Such medical treatments are often covered by workers’ compensation, even if the doctor is not listed on the workers’ compensation board listed of authorized medical professionals. If you have difficulty getting your medical care paid for by your workers’ compensation insurance provider, an attorney can be a big help in such situations.
Can I Receive Workers’ Compensation If I Can Work In A Limited Capacity?
Yes, if you can return to work but can only work in a limited capacity, you may still be eligible to receive partial workers’ compensation benefits. Such financial compensation can help offset any reduction in your earnings due to your restricted ability to work. For example, if your injury prevents you from performing your usual duties at work and you must take on a less demanding job with lower pay, workers' compensation may provide wage replacement for the difference in income. However, in order to receive such supplemental income, your doctor will need to assess your limitations and provide medical documentation regarding your ability to work with restrictions or reduced hours. Otherwise, your claim for additional income could be denied.
Do I Have To Notify My Employer About My Workplace Injury Or Illness?
Yes, you must notify your employer of your workplace injury or illness. You can notify your employer verbally or in writing. It is often best to inform your employer about your workplace injury or illness in writing. That way, you will have an official record of what happened, and you can make copies of your letter for yourself. A workers’ compensation attorney can also assist you with writing your letter, which can often improve your ability to obtain such benefits. Remember, many requests for workers’ compensation benefits are often denied for a variety of reasons. Give your application for benefits the best opportunity for success.
How Much Time Do I Have To Tell My Employer About My Workplace Injury Or Illness?
In New York, you have 30 days from the date of your workplace injury or when you became aware of a work-related illness to notify your employer. If you miss this deadline, you could miss out on your ability to receive workers’ compensation benefits. Although the law allows up to 30 days, it’s often in your best interests to report your injury or illness as soon as possible. If you wait to notify your employer, there could be disputes or delays in receiving benefits. Again, notification can be verbal or in writing. It is strongly recommended that you notify your employer in writing so there is a clear record of exactly when you notified your employer. Failure to notify your employer within the 30-day period could lead to challenges or even denial of your Bronx workers’ compensation claim.
How Do I File A Workers’ Compensation Claim In The Bronx?
To file a workers’ compensation claim in the Bronx, you must complete Form C-3, known as the Employee Claim form, and submit it to the New York Workers’ Compensation Board. You can submit this form online or by mail. In addition to completing this form, you must notify your employer of your injury. Your employer is then required to notify your company’s workers’ compensation insurance provider. Once you file a claim, you often need medical evidence proving that your injury or illness occurred as a result of your work. This means having a doctor examine you and providing medical evidence in support of your application for workers’ compensation benefits.
Is There A Workers’ Compensation Office In The Bronx?
The New York State Workers’ Compensation Board office covering The Bronx is located at 215 West 125th Street in Manhattan. This district office serves the following New York counties: Bronx, New York, Nassau, and Westchester County. If you have a hearing before a New York Workers’ Compensation judge, your hearing will likely be held at this district office. Virtual hearings are also often available at district offices like this one operated by the New York Workers’ Compensation Board. In addition, you can also contact the board online or by calling them for more information. It’s also strongly recommended to talk to an experienced Bronx workers’ compensation lawyer as soon as possible to get accurate information and learn more about your legal options.
What Is The Deadline To Apply For Workers’ Comp?
Unlike the deadline for notifying your employer about your workplace injury (30 days), you have significantly more time to apply for workers’ compensation benefits in New York. This deadline is two years from the date of your injury or when you first became aware of your work-related illness to file a workers’ compensation claim. However, just because you have two years does not mean you should wait that long to apply for benefits. Often, the sooner you do so, the more likely your application for workers’ compensation benefits will be approved. If you wait a year or so, your application may be denied because there may be doubts about the severity of your injury, whether your injury was work-related, occurred outside of work, or is simply a pre-existing medical condition not covered by workers’ compensation.
How Long Does It Take To Receive Workers’ Compensation In The Bronx?
Once your workers’ compensation claim is approved, you should begin receiving wage replacement benefits within 18 days of your employer or their insurance carrier being notified of your injury. Medical benefits begin as soon as you receive treatment from a workers’ compensation-authorized provider. Delays may occur if your employer contests the claim, which may take longer to resolve through hearings or appeals. To expedite the process, it’s important to report your injury as soon as possible and submit all necessary documentation on time.
How Long Can I Receive Workers’ Compensation?
The duration of workers’ compensation benefits depends on the nature of your injury and your level of disability. For temporary disabilities, benefits continue until you can return to work or reach maximum medical improvement (MMI). If you have a permanent disability, you may receive benefits for a set period based on the severity of your impairment. Specifically, the maximum amount of time you can receive workers’ compensation benefits could be up to 525 weeks or just over 10 years. And if you have a permanent total disability, you may be able to receive lifetime benefits. Remember, wage replacement is capped at a percentage (generally two-thirds) of your average weekly wage and continues as long as you are eligible under the terms of your workers’ compensation agreement or a Workers’ Compensation Board decision.
Can I Appeal A Denied Workers’ Compensation Claim?
If your workers' compensation claim is denied, you can appeal the decision. First, you should request a hearing with the New York Workers’ Compensation Board, where an Administrative Law Judge will review the details of your case. The judge who presides over cases involving workers’ compensation claims in The Bronx is located in Manhattan. When appealing a denied workers’ comp claim, you must ensure you have supporting documentation, including medical records, witness statements, and evidence that clearly illustrates that your injury is work-related. If the judge rules against you, you can make another appeal to the Workers' Compensation Board's Appeals Unit. Beyond that, you can also appeal your denied claim to the Appellate Division of the New York Supreme Court if necessary. At each step along the way, it’s strongly recommended to have a skilled workers’ compensation lawyer on your side to handle your case.
Can I Be Fired For Filing A Workers’ Compensation Claim?
No, it is illegal for your employer to fire or retaliate against you for filing a workers' compensation claim in New York. Workers' compensation laws protect your right to report workplace injuries without fear of losing your job. If your employer fires, demotes, or otherwise discriminates against you because you sought workers’ compensation, you may be entitled to take legal action against them. This can include reinstatement to your job, financial compensation for lost wages and other damages, the legal term for financial compensation. If you have been fired for filing a workers’ compensation claim, talk to an attorney right away to learn more about your legal options.
Can I Sue Someone For My Workplace Injury Or Illness?
Generally, if you are eligible for workers' compensation, you cannot file a lawsuit against your employer for a workplace injury or illness. However, there are exceptions in certain cases. For example, if a third party (such as a contractor, equipment manufacturer, or property owner) was responsible for your injury, you may be able to file a personal injury lawsuit against them. This is known as a third-party claim and is separate from workers' compensation. Third-party claims can help you recover damages beyond what workers’ compensation provides, such as pain and suffering. As a result, you may receive additional financial compensation if your lawsuit is successful. Nothing can or should impact your ability to receive workers’ compensation, which is a no-fault system.
Why Should I Hire A Bronx Workers’ Compensation Lawyer?
Applying for workers’ compensation benefits in The Bronx can be a long, complicated, confusing process. If you make a mistake anywhere along the way, your workers’ compensation claim might be denied for any reason. Hiring a Bronx workers’ compensation lawyer can significantly increase your chances of receiving the full benefits you are entitled to receive in New York. A lawyer can:
- Explain your legal options.
- Make sure your claim is filed on time and correctly.
- Represent you at workers’ compensation hearings.
- Negotiate with insurance companies that may try to deny or minimize your workers’ comp claim.
Experienced workers’ compensation attorneys understand the complexities of New York workers' compensation law and can advocate for your rights if your claim is disputed. Having an attorney is particularly important if your work injury is severe, your claim is denied, or you face retaliation from your employer in response to your workplace injury or illness.
A Tough Bronx Injury Attorney Who Knows Workers Compensation Law Inside and Out
We take care of everything, from helping you understand workers' compensation benefits eligibility and filing a workers comp claim to challenging denied claims and choosing the right work injury doctor. You can count on us to be at your side every step in the process. Because opposing attorneys and insurance adjusters know we meticulously prepare every case, they usually offer our clients a significant settlement long before going to trial.
In addition to workers' comp and personal injury cases, we handle Social Security Disability claims in the Bronx, including appeals of denied claims.
Contact a Dedicated Bronx Workers' Compensation Attorney Today
Don't take on the complicated legal process of dealing with a Bronx workers' compensation claim or personal injury case without an experienced legal professional. If you were injured, let the helpful attorneys at the New York Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP help you recover the compensation that is rightfully yours. Call us today or contact us online for a free evaluation. Every conversation is completely confidential, and you pay nothing unless you win!
“Very considerate and understanding. Very quick to respond back and answered any questions I had.” – Kasey C.
Bronx
1775 Grand Concourse
Suite 701
Bronx, NY 10453
(347) 584-8576
4.9/5 stars, 1,161 reviews
Directions:
By Car from Manhattan: Take the 1-87N/Major Deegan Expressway toward Albany. Use the right 2 lanes to merge onto I-95 N/US-1 N toward New Haven. Use the 2nd from the right lane to take exit 2A for Jerome Ave. Turn left onto Jerome Ave., turn right onto E 176th St. Take a sharp right onto Grand Concourse. Our office will be on the right.
By Car from the Bronx: Take the Bronx River Parkway South toward Sound View Park. Get off at Exit 5 (E 177th St.) going towards the I-895 S/Sheridan Expressway/Triboro Bridge. Merge onto E 177th St. Slight left onto the I095 S ramp to I-895 S/Sheridan/G Washington Br/Trenton. Merge onto I-95 S/Cross Bronx Expy. Take exit 2A for Jerome Ave. Turn right onto Jerome Ave. Turn right onto E 176th St. Take a sharp right onto Grand Concourse. Our office will be on the right.
By Car from White Plains/points North: Take the I-287 W/Cross Westchester Expressway to the I-87S via the exit - on the left - toward New York (Portions toll). Take exit 7 to merge onto I-95 N/US-1 N. Use the 2nd from the right lane to take exit 2A for Jerome Ave. Turn left onto Jerome Ave. Turn right onto E 176th St. Take a sharp right onto Grand Concourse. Our office will be on the right.
By Train: Take the number 4 Train to 176 St. Walk northeast and turn right onto E 176th St. Turn right onto Morris Ave. Take the crosswalk. Our office will be on the right.