Garden City Work Injury Lawyers
Experienced representation for NY workers' compensation cases
After a bad work accident, choosing the right Garden City workers’ compensation attorney can be a challenge. Don't settle for less when it comes to your workplace injury. Hire a workers’ comp lawyer who knows the law and how to get things done in New York.
With decades of experience fighting for injured workers in Nassau County and throughout the state, Pasternack Tilker Ziegler Walsh Stanton & Romano LLP knows how to get results. Our track record of success in New York and Nassau County speaks for itself - billions recovered for workers on Long Island, in New York City, and statewide.
Serving Nassau County and all of New York for over 90 years
Were you hurt on the job in Garden City, Hempstead, or another town in the area? We understand what you're going through, and we're here to help. Whether you were exposed to cancer-causing chemicals at a warehouse, fell off scaffolding at a construction site, slipped and fell in a hospital, or have otherwise suffered a work-related injury or illness, you don't need to navigate the complex workers' compensation system alone.
Our experienced Garden City workers' compensation attorneys are always on the worker’s side. We offer free case evaluations to injured workers and the families of fatal work accident victims. If you were injured in a Garden City workplace accident, contact us to schedule a free case evaluation now.
“This firm is definitely top tier!! If I could give them a 10 star I definitely would! I had a hearing today, and my attorney was the absolute best, she done an amazing job! I would recommend this firm to anyone.” – Lynn J.
FAQs About Workers' Compensation in Garden City
Knowing what steps to take after a workplace injury can be confusing. If you’ve been hurt at work, understanding your rights under workers' compensation is key. The following FAQs will help you understand your options in Garden City:
- What is Workers' Compensation, and Who Qualifies for It in Garden City?
- How Do I Report a Work Injury in Garden City?
- What Types of Benefits Are Available Under Workers' Compensation in Garden City?
- What If My Employer Doesn’t Have Workers' Compensation Insurance?
- Can I Change Doctors During My Workers' Compensation Case?
- How Long Do I Have to File a Workers' Compensation Claim in Garden City?
- Can I Still Receive Workers' Compensation If I Was at Fault?
- What Should I Do If My Workers' Compensation Claim Is Denied?
- What Are the Most Common Types of Work Injuries in Garden City?
- How Are Workers' Compensation Benefits Calculated?
- Can I Receive Workers' Compensation and Disability Benefits at the Same Time?
- What Should I Do if My Employer Retaliates Against Me for Filing a Workers' Compensation Claim?
- Can I Return to Work While Receiving Workers' Compensation Benefits?
- Can I File a Third-Party Lawsuit for a Work Accident?
- Why Choose a Garden City Workers’ Compensation Lawyer?
What is Workers' Compensation, and Who Qualifies for It in Garden City, NY?
Workers' compensation is a no-fault insurance system designed to provide benefits to employees who are injured or become ill while performing job-related duties. Most employees in Garden City are covered under this system, regardless of who was at fault for the injury. Benefits can help cover medical expenses, wage replacement, and, in some cases, vocational rehabilitation if you can’t return to your previous role.
In Garden City, many of our clients work in healthcare, retail, or on construction sites, all of which can involve high-risk environments for accidents. Injuries like broken bones, burns, sprains, spinal injuries, and even traumatic brain injuries (TBI) can leave workers unable to perform their job duties for extended periods or, worse, permanently.
How Do I Report a Work Injury in Garden City?
If you are injured at work, it’s critical to report your injury as soon as possible to ensure your eligibility for workers' compensation benefits. Here’s what to do:
- Seek Medical Attention: Visit an authorized workers' compensation medical provider to assess and document your injury. If it’s an emergency, go to the nearest hospital and inform them that your injury is work-related.
- Consult a Lawyer: A workers' compensation attorney can help protect your rights, ensure you meet all deadlines, and handle disputes with insurance companies.
- Notify Your Employer: In New York, you have up to 30 days to report your injury, but doing so immediately helps avoid complications.
- Complete Required Forms: Your employer may ask you to fill out an accident report or Form C-3, which must be submitted to the New York State Workers’ Compensation Board within two years of your injury.
What Types of Benefits Are Available Under Workers' Compensation in Garden City?
Workers' compensation benefits are grounded in the legal principle that employers have a responsibility to provide a safe working environment. In exchange for receiving these benefits, employees generally give up the right to sue their employers for work-related injuries or illnesses. This system, known as a no-fault insurance system, ensures that workers are compensated for job-related injuries or illnesses, regardless of who was at fault for the incident. The goal of workers' compensation laws is to protect both employees and employers by offering a streamlined process for handling claims and ensuring financial and medical support for injured workers. Here’s how the legal principles behind workers' compensation translate into the specific benefits you are entitled to:
- Medical Expenses: Workers' compensation laws ensure that employees have access to necessary medical treatments without having to pay out of pocket. This coverage includes hospital visits, surgeries, medications, and ongoing care like physical therapy.
- Wage Replacement: Since injuries or illnesses may prevent employees from working temporarily or permanently, workers' compensation provides partial wage replacement. The law ensures that injured workers receive a portion (usually two-thirds) of their average weekly wage, which helps them meet their financial obligations while recovering.
- Disability Benefits: When an injury leads to long-term or permanent disability, workers' compensation provides disability benefits to support workers who can’t return to their previous roles. New York also offers Schedule Loss of Use (SLU) Awards for permanent loss of use of body parts like arms, legs, fingers, vision, or hearing, even if the worker can return to work. These specific awards, which are not available in all states, provide additional compensation for the permanent loss of function.
- Vocational Rehabilitation: Workers' compensation offers vocational rehabilitation services if your injury prevents you from returning to your prior job. This benefit helps injured employees transition to new types of work by providing them with training or skills development.
What If My Employer Doesn’t Have Workers' Compensation Insurance?
Most employers in Garden City are required by New York law to carry workers' compensation insurance. If your employer does not have coverage, you can file a claim through the New York Uninsured Employers Fund. Contact a workers' compensation attorney to guide you through this process and protect your rights.
Can I Change Doctors During My Workers' Compensation Case?
Yes, if you’re not satisfied with the treatment you’re receiving, you can switch to another authorized workers' compensation medical provider. However, you must notify the workers' compensation insurance carrier when doing so. Failing to follow proper procedures can affect your benefits, so it’s a good idea to consult an attorney if you need assistance.
How Long Do I Have to File a Workers' Compensation Claim in Garden City?
New York law gives you up to two years from the date of your injury or the date you discovered your illness to file a workers' compensation claim, but you must notify your employer within 30 days. Waiting to file or report your injury can cause several issues, including:
- Delays in Receiving Benefits: The longer you wait, the more time it will take to get the compensation you need for medical bills and lost wages.
- Difficulty Gathering Evidence: Over time, key evidence like witness statements, medical records, or workplace conditions may become harder to obtain.
- Increased Chance of Disputes: Employers and insurance companies are more likely to challenge claims that are reported late, leading to potential delays or denials.
- Risk of Missing Deadlines: Failing to meet the 30-day notice requirement can jeopardize your eligibility for workers' compensation.
Filing your claim and contacting a lawyer as soon as possible protects your rights and helps avoid unnecessary complications.
Can I Still Receive Workers' Compensation If I Was at Fault?
Yes, workers' compensation is a no-fault system, meaning you are eligible for benefits even if the accident was your fault, as long as the injury happened while performing work-related duties. To qualify for a workers' compensation claim in Garden City, NY, you must meet these requirements:
- The Injury Occurred While Performing Job-Related Duties: The injury must have taken place during work hours or while completing tasks for your employer.
- You Are an Employee: Workers' compensation applies to employees, not independent contractors or volunteers. However, some employers may misclassify workers as independent contractors to avoid providing benefits like workers' compensation. Misclassification is common in industries like construction, delivery, and gig work. If you believe you've been wrongly classified, a lawyer can help investigate your employment status, gather evidence, and ensure you receive the benefits you're entitled to. Misclassification can deprive workers of crucial protections, so it's important to seek legal guidance if you suspect this is the case.
- Employer Notified Within 30 Days: Reporting the injury within this timeframe is crucial to preserve your eligibility.
- Medical Evidence Supports Your Claim: You must have documentation from an authorized medical provider confirming your injury or illness is work-related.
As long as these qualifications are met, you are eligible to file a claim, even if the injury was due to your own mistake.
What Should I Do If My Workers' Compensation Claim Is Denied?
If your claim is denied, don’t give up. Many workers face initial denials due to a lack of medical evidence, paperwork errors, or disputes over whether the injury was work-related. Our Garden City workers' compensation lawyers can help you with the following:
- Appeal the Denial: We’ll gather additional evidence and file a timely appeal with the New York State Workers' Compensation Board.
- Represent You at Hearings: We will advocate for you at hearings and negotiate with insurance companies to fight for the benefits you deserve.
- Pursue a Settlement: If appropriate, we can negotiate a fair settlement that covers your medical costs, lost wages, and any future care you may need.
What Are the Most Common Types of Work Injuries in Garden City?
In Nassau County, Garden City has a mix of industries, including healthcare, retail, education, and construction. Workers in these fields often face a variety of hazards, and common injuries include:
- Slip and Falls: Especially prevalent in retail, healthcare, and office environments.
- Back and Neck Injuries: Often caused by heavy lifting in healthcare settings or warehouses.
- Repetitive Motion Injuries: Such as carpal tunnel syndrome from office jobs or factory work.
- Construction Accidents: Including falls from scaffolding, being struck by falling objects, or accidents involving power tools.
- Vehicle Accidents: Common for delivery drivers, transportation workers, or construction vehicles.
- Chemical Exposure: Especially in labs, hospitals, or industrial environments, leading to respiratory issues or burns.
- Workplace Violence: Physical injuries resulting from altercations, particularly in education or healthcare settings.
Whether you sustained broken bones, an internal injury, a torn shoulder, or any other sort of work-related injury, you have rights as a New York worker. We can fight for them. Our law firm is dedicated to passionately representing our clients. If you've been hurt on the job, meet with a Garden City, NY, work accident attorney at our firm today.
How Are Workers' Compensation Benefits Calculated?
Workers' compensation benefits in New York, including Garden City, are generally calculated based on two-thirds of your average weekly wage (AWW) before your injury, up to the state maximum, which is adjusted annually. Here's a breakdown:
- Temporary Total Disability (TTD): If your injury prevents you from working entirely, you’ll receive two-thirds of your AWW up to the state cap.
- Temporary Partial Disability (TPD): If you can return to work with limited duties or fewer hours, you’ll receive two-thirds of the difference between your pre-injury and post-injury earnings.
- Permanent Total Disability (PTD): If you are permanently unable to work, you’ll continue to receive two-thirds of your AWW up to the state maximum, potentially for life.
- Permanent Partial Disability (PPD): If you can return to work but with a permanent impairment, your benefits depend on the type and severity of the injury, as per New York’s impairment guidelines.
It's important to consult a lawyer to ensure you receive the correct amount, especially since insurance companies may attempt to underpay.
Can I Receive Workers' Compensation and Disability Benefits at the Same Time?
Yes, it’s possible to receive both workers' compensation and disability benefits in Garden City under certain conditions. Workers' compensation benefits cover work-related injuries, while disability benefits typically cover non-work-related injuries or illnesses. If you’re already receiving workers' compensation for a work-related injury and then suffer a separate non-work-related injury, you may qualify for New York State Disability Benefits. However, your total benefits may be adjusted to prevent overlapping payments.
What Should I Do if My Employer Retaliates Against Me for Filing a Workers' Compensation Claim?
In Garden City, as in all of New York State, it is illegal for an employer to retaliate against you for filing a workers' compensation claim. Retaliation can include:
- Termination or demotion
- Reduction in hours or pay
- Harassment or unfavorable treatment at work
- Unjustified negative performance reviews
- Exclusion from meetings, training, or promotions
- Threatening or intimidating behavior
- Reassignment to undesirable tasks or shifts
- Increased surveillance or micromanagement
If you experience any of these forms of retaliation, you should immediately document the incidents and contact a workers' compensation lawyer. You can also file a complaint with the New York State Workers' Compensation Board, and a skilled attorney can guide you through this process and help you pursue compensation for the retaliation in addition to your workers' compensation benefits.
Can I Return to Work While Receiving Workers' Compensation Benefits?
Yes, you can return to work while receiving workers' compensation benefits in Garden City, but your benefits may change depending on your work capacity. Here’s how it works:
- Modified or Light-Duty Work: If your doctor clears you for light-duty work, you can return to a modified role that accommodates your injury. In this case, you may continue to receive partial benefits to make up for reduced earnings.
- Temporary Partial Disability: If your injury prevents you from working your full hours or duties, you may receive two-thirds of the difference between your pre-injury and post-injury earnings.
- Regular Monitoring: If you return to work, the workers' compensation insurance carrier will periodically review your case to ensure that benefits are being paid appropriately.
It’s important to follow your doctor’s orders and keep your employer and the insurance company informed. Consulting with a workers' compensation lawyer can help ensure your benefits are protected during your return to work.
Can I File a Third-Party Lawsuit for a Work Accident?
Yes, in some cases, you may be able to file a third-party lawsuit in addition to receiving workers' compensation benefits. Workers' compensation generally covers injuries caused by your employer or coworkers, but if a third party — such as a contractor, equipment manufacturer, or property owner — was responsible for your injury, you may be able to pursue a lawsuit against them.
A third-party lawsuit is different from a workers' compensation claim because it allows you to seek additional compensation beyond what workers' compensation covers. This can include damages for pain and suffering, emotional distress, and loss of quality of life — none of which are covered by workers' compensation. For example, if faulty equipment caused your injury or a subcontractor's negligence led to your accident, you could potentially file a lawsuit against those responsible.
A skilled workers' compensation lawyer will evaluate your case and determine if you have grounds for a third-party lawsuit, helping you maximize the financial recovery you're entitled to while navigating both systems.
Why Choose a Garden City Workers' Compensation Lawyer?
Hiring a skilled workers' compensation lawyer can make a significant difference in the outcome of your case. Here’s how we help:
- Experience: With 90+ years of combined experience, our legal team understands the complexities of workers' compensation claims and fights for the maximum compensation available.
- Personalized Service: We provide individualized attention, ensuring every detail of your case is handled properly.
- No Fees Unless You Win: We operate on a contingency fee basis, meaning you pay nothing upfront and no fees unless we secure compensation for you.
Severe fractures. Third-degree burns. Debilitating back pain. Stabbing sprains and strains. Certain work-related injuries may recover with time, but others endure indefinitely. Yet, even seemingly minor injuries can carry significant consequences – possibly even requiring surgery later in life. That's why injured workers have access to workers’ compensation and potentially other types of compensation as well. Our Garden City, NY, work injury lawyers will aggressively advocate for your rights. If you were injured in a work accident, contact us now to arrange your free consultation.
A workers' comp law firm you can trust every step of the way
Under New York law, you have a right to workers' compensation benefits in most circumstances, even if the accident was your fault. Your employer's insurance company should pay the full cost of all reasonable and necessary medical expenses for your work injury, as well as a percentage of your lost wages. This may seem straightforward, but in practice, it can be difficult to actually get the compensation you're owed.
The company’s insurance provider might argue that your injuries weren't work-related or even that you're faking. They may challenge whether the treatment your doctor recommends is really reasonable and necessary. Level the playing field with a lawyer who knows the system. Our Garden City workers’ compensation attorneys have the experience and resources needed to push back and fight for your legal rights as an injured worker.
Garden City’s premier workers' compensation law firm
Work accidents can happen anywhere, as many workers in Garden City and throughout Nassau County find out every day. The accident itself may have been over in moments, but you could be facing a lifetime of consequences. We'll help you fight for the workers' compensation benefits and injury compensation you need as you focus on getting better. Contact us today for a free case evaluation.
Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has offices throughout New York, including one in Garden City. Located near the intersection of Old Country Road and Franklin Avenue, our Garden City office is close to the Roosevelt Field Mall and the Gallery at Westbury Plaza.
Our Garden City Office
666 Old Country Rd #605
Garden City, NY 11530
(516) 742-3636
4.8/5 stars, 324 reviews
Directions: Our office is located right off Old Country Rd near Meadowbrook State Pkwy M1 Exit and Westbury Plaza. It is accessible by I-495 and the Northern State Pkwy. From I-495, take the Exit for Northern State Pkwy. Then take Exit 31A for Meadowbrook State Pkwy. Next, take Exit M1 for Old Country Rd W toward Mineola. Turn right onto Old Country Rd, then, almost immediately, take a left turn onto the Meadowbrook State Pkwy S ramp to Jones Beach. After several feet, turn right into our office's back parking lot.