Hudson Valley Workers’ Compensation Attorney
A law firm you can trust to fight for your rights
Throughout the Hudson Valley, workers go to their jobs every day expecting to go back home healthy. A work injury usually seems to come out of nowhere – and dealing with the consequences can be overwhelming. The best thing you can do is hire an experienced Hudson Valley workers’ compensation lawyer to handle your claim while you focus on getting better. The attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP proudly advocate for injured workers.
- Work Accidents
- Work Injuries
- Construction Accidents
- Social Security Disability Insurance (SSDI)
- Civil Service Disability Pensions
- Personal Injury
We know the workers’ compensation system in New York. By law, you are supposed to get all of your reasonable and necessary medical expenses paid, plus a percentage of your lost wages if you can’t work. But actually getting that compensation can be difficult. The workers’ comp insurance company may argue that your injury wasn’t really sustained on the job, that you’re exaggerating your symptoms, or that the treatment your doctor recommends isn’t really necessary.
We understand their tactics, and we fight back. Our approach gets results – over 100,000 New Yorkers represented, with billions recovered for our clients. And because we work on a contingency fee basis, you can rest assured that you can afford our services; you only pay us if and when we recover for you. What you can’t afford is to go it alone.
Schedule your free consultation with a Hudson Valley workers’ compensation lawyer today. We can meet with you at any of our four offices in the Hudson Valley. And if you can’t come to us, we’ll come to you.
“Very helpful, very informative, and they go far and beyond to get you the money you deserve. They’ve helped me with three of my cases, and I must say I’ve been pleased with the results. It’s also good to know they not only have offices in NYC but also in Middletown, NY, as well as in New Windsor. Definitely recommend their services.” – Antonio, ⭐⭐⭐⭐⭐
Google Average Rating: 4.8/5 stars, 210 reviews.
FAQs About Workers’ Compensation in Hudson Valley
Find answers to frequently asked questions about workers’ compensation in Hudson Valley. Use the links below to navigate:
- What Should I Do If I’ve Been Injured at Work in Hudson Valley?
- What Benefits Can I Receive Through Hudson Valley Workers’ Compensation?
- How Do I Know If I Qualify for Workers’ Compensation in Hudson Valley?
- How Long Do I Have to File a Workers’ Compensation Claim in Hudson Valley?
- What Types of Injuries Are Covered by Hudson Valley Workers’ Compensation?
- Can I File a Workers’ Compensation Claim If My Injury Was My Fault?
- What Happens If My Hudson Valley Workers’ Compensation Claim Is Denied?
- Can I Receive Workers’ Compensation If I’ve Developed an Occupational Illness?
- Can My Family Receive Compensation If a Loved One Died from a Work Injury in Hudson Valley?
- What Are My Rights If I Am Injured While Working at a Hudson Valley Construction Site?
- Can I Return to Work While Receiving Workers’ Compensation in Hudson Valley?
- Can I Sue My Employer for a Work Injury in Hudson Valley?
- What Should I Do If My Employer Retaliates Against Me for Filing a Workers’ Compensation Claim?
- How Can a Hudson Valley Workers’ Compensation Lawyer Help Me Through This Process?
What Should I Do If I’ve Been Injured at Work in Hudson Valley?
If you’ve been injured at work in Hudson Valley, the most important thing to know is that money is available to help you recover — and you don’t need to prove anyone was at fault to get it. New York has a system called workers’ compensation, which exists to provide financial support and medical coverage for employees hurt on the job. This system ensures you can focus on healing without the added stress of medical bills and lost wages. Depending on the specifics of your case, benefits you may be entitled to include:
- Medical Expenses
- Wage Replacement
- Disability Benefits
- Vocational Rehabilitation
Therefore, the first thing you should do after being injured on the job after getting medical attention is to report your injury to your employer. The sooner you report your injury and start your claim, the sooner you can receive the benefits you need. Your next step should be to contact an experienced Hudson Valley workers’ compensation lawyer for a free consultation to protect your rights and learn about your legal options. Let our firm help guide you through every step of the process and fight for the maximum compensation you’re entitled to.
What Benefits Can I Receive Through Hudson Valley Workers’ Compensation?
Workers’ compensation is a no-fault insurance system. This means it doesn’t matter who was at fault for the accident. As long as your injury happened while you were doing your job, you’re entitled to benefits. Your employer is legally required to have workers’ compensation insurance, and you don’t need to file a lawsuit to get this money — it’s part of the system meant to protect both you and your employer. Here’s a little more information about what workers’ comp insurance and benefits covers:
- Medical Expenses: All your medical costs, including hospital visits, surgeries, medications, and physical therapy, will be covered by workers’ compensation. You won’t have to pay out of pocket.
- Wage Replacement: If you can’t work due to your injury, workers’ compensation provides partial wage replacement — typically two-thirds of your average weekly wage—to help you manage financially while you recover.
- Disability Benefits: For serious injuries that result in long-term or permanent disability, you may qualify for ongoing payments to replace your lost income.
- Vocational Rehabilitation: If you can’t return to your old job because of your injury, workers’ comp can help you get training for a new career.
How Do I Know If I Qualify for Workers’ Compensation in Hudson Valley?
With very few exceptions, if you are an employee of a New York business, you qualify for workers’ compensation benefits after being injured or made ill due to work. Every case is unique, and it is always best to check with a lawyer during a free consultation to see if you have a workers’ compensation claim or third-party work injury lawsuit before assuming you do not. Basically, you are entitled to benefits if you meet the following qualifications:
- You Are an Employee: Workers’ compensation only applies to employees. Independent contractors, freelancers, and volunteers are typically not eligible. However, if you’re classified as an independent contractor but believe you’re being misclassified, a lawyer can help assess your situation. Some employers intentionally misclassify employees as freelancers or independent contractors to get out of paying for insurance.
- The Injury Occurred While Performing Job Duties: Your injury must have happened while you were doing something related to your work. This can include accidents on the job site, injuries sustained while traveling for work (if it’s part of your duties), or illnesses caused by exposure to harmful substances in the workplace.
- You Notified Your Employer Within 30 Days: New York law requires you to report your injury to your employer within 30 days. Failing to report your injury promptly can jeopardize your claim.
- You Were Treated by an Authorized Medical Provider: In New York, you must seek treatment from a healthcare provider authorized by the New York State Workers’ Compensation Board unless it was an emergency. Proper documentation of your injury is key to your claim. A lawyer can point you in the direction of qualified work injury doctors in Hudson Valley.
- The Injury Wasn’t Due to Intentional Misconduct: Workers’ compensation does not cover injuries that result from intentional self-harm or intoxication. However, even if the accident was your fault (unintentional), you’re still covered under the no-fault aspect of workers’ comp.
If you’re unsure about whether you qualify or have questions about your situation, speaking with a Hudson Valley workers’ compensation lawyer from our law firm can clarify your options and ensure you get the benefits you deserve. Our attorneys can guide you through the process and help you avoid any mistakes that could hurt your claim.
How Long Do I Have to File a Workers’ Compensation Claim in Hudson Valley?
In Hudson Valley, you must notify your employer of your work-related injury within 30 days to preserve your right to file a workers’ compensation claim. After reporting the injury, you have up to two years from the date of the injury or the date you discovered an illness caused by work conditions to formally file a claim with the New York State Workers’ Compensation Board. It’s crucial to act quickly, as delaying either the notification or filing can lead to complications or denial of your claim. There may be additional deadlines if your claim is denied and you need to file an appeal, so working with a lawyer can help ensure all deadlines are met.
What Types of Injuries Are Covered by Hudson Valley Workers’ Compensation?
Workers’ compensation in Hudson Valley covers a variety of injuries and illnesses, especially given the region’s key industries like construction, agriculture, healthcare, and manufacturing. Common injuries seen in workers’ compensation claims include:
- Fractures and Broken Bones: Often from falls, accidents involving machinery, or vehicle-related incidents in construction or agriculture.
- Sprains and Strains: Particularly in the back, neck, and shoulders, resulting from heavy lifting or repetitive motion in manufacturing, construction, and healthcare.
- Torn Ligaments and Muscle Injuries: Common in workers required to perform manual labor, such as farmworkers or construction workers.
- Burns: These can range from mild to severe and are often seen in manufacturing or construction due to contact with hot surfaces, chemicals, or fires.
- Head Injuries: Includes concussions and traumatic brain injuries (TBI), often the result of falling objects, slips, or falls in construction or industrial settings.
- Herniated Discs: A common back injury in industries requiring heavy lifting or repetitive bending, such as warehouse, agriculture, and construction.
- Cuts and Lacerations: Often occur in jobs involving machinery or tools, such as in construction, farming, or manufacturing.
- Amputations: Severe injuries, often due to accidents with heavy machinery or power tools, primarily in manufacturing or construction jobs.
- Respiratory Illnesses: Caused by exposure to chemicals, dust, or harmful substances, particularly in agriculture, manufacturing, and healthcare.
- Occupational Diseases: Such as asbestosis, mesothelioma, or chronic lung conditions, common in workers exposed to asbestos, chemicals, or other toxic materials.
- Hearing Loss: Frequently seen in workers in loud environments like construction or manufacturing without proper ear protection.
These are just some of the common injuries and conditions that Hudson Valley workers might face. If you’ve suffered any of these injuries while on the job, you may be entitled to workers’ compensation benefits to cover medical expenses and lost wages.
Can I File a Workers’ Compensation Claim If My Injury Was My Fault?
You can file a workers’ compensation claim in Hudson Valley even if the injury was your fault. New York’s no-fault workers’ compensation system covers you as long as you were performing work duties when the injury occurred. This applies whether it’s your first day, you’re a seasonal worker, volunteer, or even if you’re not a U.S. citizen. Workers’ compensation benefits are available to most employees regardless of fault, so don’t hesitate to file a claim if you’re injured. The only exceptions involve intoxication, self-harm, or intentional misconduct.
What Happens If My Hudson Valley Workers’ Compensation Claim Is Denied?
If your Hudson Valley workers’ compensation claim is denied, it’s important to contact a lawyer immediately. A denial doesn’t mean your case is over — many claims are initially denied due to incomplete paperwork, lack of medical evidence, or disputes from the insurance company. An experienced workers’ compensation attorney can help you appeal the denial, gather the necessary documentation, and represent you in hearings to fight for the benefits you deserve. Don’t navigate the appeals process alone — having legal guidance increases your chances of a successful outcome.
Can I Receive Workers’ Compensation If I’ve Developed an Occupational Illness?
Yes, you can receive workers’ compensation if you’ve developed an occupational illness in Hudson Valley. Workers’ compensation covers illnesses caused by exposure to hazardous conditions or repetitive tasks at work. Some common work-related illnesses include:
- Respiratory Diseases: Such as asthma, chronic bronchitis, or lung cancer, often caused by exposure to dust, chemicals, or asbestos.
- Lung Cancer and Mesothelioma: Linked to long-term asbestos exposure, common in construction, manufacturing, or shipyard work.
- Hearing Loss: Caused by prolonged exposure to loud environments without adequate ear protection, common in construction and manufacturing.
- Skin Conditions: Such as dermatitis from exposure to chemicals or irritants in jobs like agriculture or healthcare.
- Carpal Tunnel Syndrome: A repetitive motion injury seen in office, factory, and assembly line workers.
- Lead Poisoning: A risk in industries like construction, manufacturing, or demolition where workers handle lead-based materials.
If you believe your illness is work-related, contact a lawyer to help you file your claim, gather medical evidence, and ensure you receive the benefits and care you deserve.
Can My Family Receive Compensation If a Loved One Died from a Work Injury in Hudson Valley?
Yes, if your loved one died from a work-related injury or illness in Hudson Valley, your family may be eligible to receive workers’ compensation death benefits. These benefits are intended to help surviving family members cover funeral expenses and provide financial support for dependents, such as a spouse or children. New York’s workers’ compensation system provides weekly payments to dependents, typically two-thirds of the worker’s average weekly wage, up to a state maximum.
In addition to workers’ compensation death benefits, there may be legal options outside the workers’ comp system. If a third party — such as a contractor, equipment manufacturer, or property owner — was responsible for the fatal accident, your family may be able to file a wrongful death lawsuit. This type of lawsuit allows you to seek additional compensation for losses that are not covered by workers’ comp, such as pain and suffering, loss of companionship, and emotional distress.
Consulting a workers’ compensation lawyer is key to understanding your full legal options and ensuring your family receives the maximum compensation available under the law. A lawyer can help guide you through both the workers’ comp claim process and explore whether a third-party lawsuit is appropriate for your case.
What Are My Rights If I Am Injured While Working at a Hudson Valley Construction Site?
If you are injured while working at a Hudson Valley construction site, you have several important rights to ensure you receive the care and compensation you deserve. These rights are designed to protect you, whether you’re dealing with workers’ compensation or pursuing other legal options. Here are your key rights:
- Right to Workers’ Compensation Benefits: You are entitled to workers’ compensation benefits, including coverage for medical bills, lost wages, and disability benefits, regardless of who was at fault for the accident.
- Right to Report Unsafe Conditions: Under Occupational Safety and Health Administration (OSHA) regulations, you have the right to report unsafe or hazardous working conditions without fear of retaliation.
- Right to Legal Representation: You have the right to consult a workers’ compensation lawyer who can help you navigate the claims process, fight any denials, and ensure you receive the maximum benefits.
- Right to Sue Third Parties: If someone other than your employer (such as a contractor, equipment manufacturer, or property owner) contributed to your injury, you may have the right to file a third-party lawsuit for additional compensation.
- Right Against Retaliation: It’s illegal for your employer to retaliate against you for filing a workers’ compensation claim or reporting unsafe conditions. Retaliation can include firing, demotion, or reduced hours.
If you’re injured on a construction site, it’s crucial to protect your rights by reporting the injury, seeking medical treatment, and contacting a lawyer who can help you explore your full legal options.
Can I Return to Work While Receiving Workers’ Compensation in Hudson Valley?
Yes, you can return to work while receiving workers’ compensation in Hudson Valley, but your benefits may adjust based on your work capacity and injury status. There are four main types of benefits that can apply depending on the severity of your injury and your ability to work:
- Temporary Total Disability (TTD): If you are unable to work at all for a limited time due to your injury, you can receive workers’ compensation benefits equal to two-thirds of your average weekly wage. These benefits continue until your doctor clears you for light or full-duty work.
- Temporary Partial Disability (TPD): If you can return to work but in a reduced capacity, either with fewer hours or less demanding duties, you can still receive partial benefits. These benefits cover two-thirds of the difference between your pre-injury wages and your current earnings.
- Permanent Total Disability (PTD): If your injury results in a permanent inability to return to work in any capacity, you may receive long-term benefits, typically two-thirds of your average weekly wage, for life.
- Permanent Partial Disability (PPD): If you have a permanent injury but can still perform some type of work, you may receive compensation based on the severity of your disability. For example, if you lose partial use of a limb, your benefits will be calculated based on the degree of impairment and the affected body part.
Your ability to return to work, whether in a limited or full capacity, can affect the amount and duration of your benefits. It’s important to follow your doctor’s advice and consult with a workers’ compensation lawyer to ensure your benefits are adjusted properly, and you are receiving the full compensation you deserve during your recovery and return to work.
Can I Sue My Employer for a Work Injury in Hudson Valley?
In most cases, you cannot sue your employer for a work injury in Hudson Valley due to New York’s workers’ compensation system, which is a no-fault system. Workers’ compensation provides benefits like medical care, wage replacement, and disability compensation, and in exchange, employers are protected from personal injury lawsuits related to workplace accidents. This system ensures that workers get quick access to benefits without needing to prove employer negligence. However, there are exceptions where you may be able to sue your employer:
- If your employer does not carry the required workers’ compensation insurance
- If the injury was caused by intentional harm or gross negligence
In addition, you may be able to file a third-party lawsuit if someone other than your employer — like a contractor, property owner, or equipment manufacturer — was responsible for your injury. A workers’ compensation lawyer can review your case and determine if you have grounds for a lawsuit outside the workers’ compensation system.
What Should I Do If My Employer Retaliates Against Me for Filing a Workers’ Compensation Claim?
If your employer retaliates against you for filing a workers’ compensation claim in Hudson Valley, you should take action immediately. Retaliation is illegal and can take many forms, such as:
- Termination or wrongful firing
- Demotion or being moved to a less favorable position
- Reduction in hours or pay
- Harassment or creating a hostile work environment
- Unfair disciplinary actions or negative performance reviews
If you experience any of these forms of retaliation, it’s important to document the incidents and contact a workers’ compensation lawyer right away. A lawyer can help you file a retaliation complaint with the New York State Workers’ Compensation Board or pursue a lawsuit against your employer for wrongful retaliation. Taking legal action can help protect your rights and ensure you receive compensation for the retaliation, as well as for your work-related injury.
How Can a Hudson Valley Workers’ Compensation Lawyer Help Me Through This Process?
A Hudson Valley workers’ compensation lawyer can provide essential guidance and support throughout the entire claims process, making it easier for you to focus on recovering from your injury. Here’s how they can help:
- Ensure Your Claim Is Filed Correctly And On Time: A lawyer will help you navigate the paperwork and make sure all forms are submitted properly, minimizing the risk of denial due to technical errors.
- Maximize Your Benefits: They will assess the full extent of your injury and lost wages to ensure you receive the maximum compensation you’re entitled to, including medical expenses, wage replacement, and disability benefits.
- Fight Denials And Appeal Your Claim: If your claim is denied, a lawyer can help gather the necessary evidence, file an appeal, and represent you in hearings to improve your chances of success.
- Protect You From Employer Retaliation: If your employer retaliates against you for filing a claim, a lawyer can help you take legal action to protect your rights.
- Handle Complex Cases And Third-Party Lawsuits: For more complicated cases, like those involving third-party negligence, your lawyer can explore all legal options, including potential lawsuits against contractors, equipment manufacturers, or other responsible parties.
By working with a Hudson Valley workers’ compensation lawyer, you gain an advocate who will handle the legal aspects of your case, ensuring you receive the full benefits you deserve while easing the stress of the process.
Hudson Valley Work Accident Lawyer
Whether you work on a construction site or behind a desk, a work accident can derail your life in a hurry. You may need weeks, months, or even longer to recover from your injury. Under New York law, you have a right to workers’ compensation, and an experienced Hudson Valley work accident attorney can help you protect those rights. Schedule your free consultation today.
Hudson Valley Work Injury Lawyer
You may have a back injury, a brain injury, or a broken bone. Your injury may heal in time, or it may be permanent. Regardless, if you were injured on the job, workers’ compensation is supposed to pay for your medical expenses and a percentage of lost wages in most circumstances. Our Hudson Valley work injury attorneys know how to fight for the compensation you need.
Hudson Valley Construction Accident Lawyer
Construction workers in the Hudson Valley have legal rights under New York law. If you were injured on the job, workers’ comp should pay your medical expenses and a percentage of lost wages. If a third party, such as a subcontractor, was involved, you can file a third-party personal injury lawsuit as well. Our Hudson Valley construction accident attorneys will explore your legal options and fight for the compensation you need.
Hudson Valley Social Security Disability Lawyer
Are you applying for Social Security Disability Insurance (SSDI) in the Hudson Valley? The application process is complex, and most initial applications are denied. Don’t try to take on the Social Security Administration alone. Our Hudson Valley Social Security Disability attorneys understand the system, and we have a proven track record of getting results for New Yorkers in your situation.
Hudson Valley Civil Service Disability Lawyer
We’re proud to represent first responders, and other civil servants hurt on the job. Whether you were injured working for the State of New York, Westchester County, Rockland County, Orange County or a local government, we can help. Our Hudson Valley civil service disability attorneys understand the process and have extensive experience advocating for civil servants when it matters most.
Hudson Valley Personal Injury Lawyer
When people and companies in the Hudson Valley engage in careless, reckless, or negligent behavior, people get hurt. You may have been hit by a drunk or distracted driver, injured in a slip and fall at a local business, or suffered a third-party workplace injury. Our Hudson Valley personal injury attorneys can take on the insurance company and fight for the compensation you deserve while you focus on getting better. Schedule your free consultation today.
Our Hudson Valley Offices
Orange County
401 East Main Street
Middletown, NY 10940
845-369-8524
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117 Executive Drive
Suite 200
New Windsor, NY 12553
845-582-3071
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Rockland County
369 South Main Street
New City, NY 10956
845-369-3200
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Westchester County
1 North Broadway
Suite 802
White Plains, NY 10601
914-328-8500
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