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Home | Manhattan Workers' Compensation Lawyer

Manhattan Workers' Compensation Lawyer

Injured on the job? Contact a Workers’ Comp Attorney in Manhattan Today

The experienced workers’ comp lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP are aggressive, experienced, down-to-earth attorneys in Manhattan who will fight tenaciously for every penny of workers' compensation that you have coming to you. For over 90 years, we've been assisting job injury victims in New York who are suffering and who may also be unable to work due to every type of on-the-job injury, including construction injuries, repetitive stress injuries, and hospital worker injuries. We are also well-versed in representing union members who were injured on the job, and we handle civil service disability pension claims for New York state, city, and municipal employees as well.

A building in the process of being constructed by several workers

Workers Are Hurt in Manhattan Every Year

If you were hurt in a workplace accident or have one of many possible long-term workplace illnesses or occupational diseases, such as mesothelioma after asbestos exposure, tunnel worker silicosis, cancer, or had a work-stress-related heart attack, we understand what you're going through and will help you recover-physically, emotionally and financially. Before you agree to the initial low-ball offer claim adjusters will often urge you to accept, call us! It is nearly certain there is a much higher amount they're willing to reach so they won't have to face our sharp, powerful lawyers in court.

“These employees - each and every one - have been great to work with! Will definitely recommend them to others in need!” - Anthony T.

FAQs About Workers’ Compensation in Manhattan

Overview of Workers’ Compensation Claims in Manhattan

Manhattan has millions of workers. Unfortunately, some of those workers are hurt every year in workplace accidents. There are many different types of accidents and injuries that can happen:

  • Falls from heights, such as ladders, scaffolding, or elevated platforms, can lead to fractures, head injuries, and spinal cord injuries.
  • Repeated movements or actions can result in repetitive motion injuries such as carpal tunnel syndrome, tendonitis, or bursitis.
  • Overexertion, heavy lifting, or sudden movements can cause strains and sprains in muscles, tendons, and ligaments.
  • Workers can be trapped or caught between heavy objects or machinery, resulting in severe crushing injuries, fractures, or amputations.
  • Electric shocks, arc flashes, or contact with live wires can cause electrical burns, cardiac arrest, or nerve damage.
  • Exposure to heat, flames, chemicals, or electrical sources can lead to severe burns, which may require extensive medical treatment and result in scarring or disfigurement.
  • Workers in industries exposed to hazardous substances or poor air quality may develop respiratory illnesses or suffer lung damage.
  • Contact with hazardous chemicals or toxic substances can cause skin irritation, chemical burns, or internal organ damage.
  • Workers exposed to flying debris, chemicals, or foreign objects can sustain eye injuries, ranging from minor irritations to severe damage or vision loss.
  • Injuries can occur due to malfunctioning or improperly used machinery, leading to crushing injuries, amputations, or lacerations.

When Manhattan workers are hurt on the job, they deserve workers' compensation benefits. These benefits include coverage of all medical expenses related to their injuries, as well as partial wages while they can’t return to work. However, the claims process can be complicated, and many claims are denied. That’s why having an experienced Manhattan workers’ compensation lawyer by your side to protect your rights is critical.

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What Should I Do Immediately After Getting Hurt At Work In Manhattan?

If you sustain a work-related injury in Manhattan, follow these steps:

  • Report the injury immediately to your employer, either verbally or in writing.
  • Seek medical attention from a workers’ compensation-approved doctor.
  • Document everything, including how the injury occurred, witness statements, and photos if possible.
  • File a written report with your employer, if required.
  • Contact a Manhattan workers' compensation attorney to review your case and ensure your rights are fully protected.
  • Keep all records of medical treatment, lost wages, and related expenses.

Taking these steps helps ensure you receive the compensation you're entitled to, and consulting a lawyer can make the process smoother and help you avoid claim denials.

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How Much Time Do I Have To File A Workers' Compensation Claim In New York?

In New York, you generally have two years from the date of your injury to file a workers' compensation claim. However, it’s important to report the injury to your employer within 30 days. Other important time considerations in a Manhattan workers' compensation claim may include:

  • Timely Medical Treatment. Seek medical care as soon as possible after your injury. Delays in treatment may be used against you by the employer or insurance company to question the severity of the injury.
  • Independent Medical Examination (IME). If requested by your employer's insurance company, you must attend an IME. Failure to do so within the scheduled time can affect your benefits.
  • Appeal Deadlines. If your claim is denied, you have 30 days from the date of denial to file an appeal with the Workers Compensation Board.

These timelines are critical to ensuring that your claim proceeds smoothly and that you receive the compensation you're entitled to.

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What Kind Of Injuries Are Covered By Workers' Compensation?

For an injury to be covered by workers' compensation in Manhattan, it must occur while the employee is performing job-related duties, either on or off the employer’s premises. The injury must also be directly related to the job, meaning it occurred during the normal course of employment, including accidents, repetitive strain injuries, or exposure to harmful substances at work. In Manhattan, common types of injuries involved in workers’ compensation claims include:

  • Broken Bones. Often caused by falls from heights, machinery accidents, or being struck by objects.
  • Back and Spinal Cord Injuries. Resulting from heavy lifting, falls, or overexertion.
  • Repetitive Motion Injuries. Includes carpal tunnel syndrome, tendonitis, and bursitis from tasks like typing or factory work.
  • Head and Brain Injuries. Concussions or traumatic brain injuries from slips, trips, or falling objects.
  • Lung Disease and Respiratory Conditions. Exposure to hazardous substances, such as asbestos or chemicals.
  • Burns. Caused by exposure to fire, chemicals, or electrical hazards.
  • Often due to work accidents involving heavy machinery or tools.
  • Hearing Loss. From long-term exposure to loud machinery or sudden, loud noises.
  • Eye Injuries. From flying debris, chemicals, or equipment-related accidents.

These injuries and more are all typically eligible for workers' compensation, ensuring medical coverage and wage replacement.

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Can I See My Own Doctor For A Work Injury In Manhattan?

You may be required to see a doctor authorized by the New York State Workers Compensation Board, but in some cases, you can switch to your preferred healthcare provider after the initial visit. Typically, seeing a doctor authorized by the New York State Workers Compensation Board (WCB), especially for the initial visit, can be beneficial. This is because WCB-authorized doctors are familiar with the documentation and reporting requirements specific to workers' compensation claims. Their reports are more likely to be accepted by the workers' comp system, which may help prevent delays, denials, or complications in the claim process.

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What Happens If My Employer Doesn’t Have Workers' Compensation Insurance?

If your employer doesn’t have workers' compensation insurance, you may still be eligible for compensation through different legal avenues. If workers' compensation is not available, either because the employer failed to carry the required insurance or the worker is not eligible under the law, the employee could potentially have several legal options:

  • File a Personal Injury Lawsuit: While rare, the injured worker may be able to sue their employer for negligence. Unlike workers' compensation, which is a no-fault system, the employee must prove that the employer’s negligence directly caused the work injury. If successful, the worker could recover damages for medical expenses, lost wages, pain and suffering, and more.
  • Third-Party Lawsuits: If a third party (e.g., a subcontractor, equipment manufacturer, or property owner) contributed to the accident, the injured worker can file a lawsuit against that party. This is often an option in construction accidents or situations where faulty equipment is involved. This type of claim can provide compensation for losses not covered by workers’ comp insurance, such as pain and suffering.
  • Uninsured Employers Fund (UEF): In New York, if an employer doesn’t carry workers' compensation insurance, injured workers may be able to file a claim with the Uninsured Employers Fund. This fund can provide compensation similar to a standard workers' compensation claim, but the process may require additional legal guidance to navigate successfully.
  • Social Security Disability (SSD): If the injury prevents the worker from returning to work long-term, they may be eligible to file for SSD benefits. SSD is not tied to workers' compensation and can provide monthly benefits for Manhattan workers who can no longer perform their job duties due to injury or illness.

A combination of these and/or other options for financial compensation may be available. Contacting a lawyer to understand all possible avenues for recovery ensures injured Manhattan workers are not shortchanged. You should receive all the compensation you’re entitled to under New York law.

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Can I Sue My Employer If I Receive Workers' Compensation Benefits?

In most cases, workers' compensation is the exclusive remedy for work-related injuries in Manhattan and throughout New York, meaning you cannot sue your employer. However, as mentioned above, there are exceptions. If a third party, such as a subcontractor or equipment manufacturer, was responsible for your injury, you may be able to file a lawsuit against that party. In rare cases where your employer was extremely negligent — such as intentionally creating unsafe working conditions — you may have grounds to file a personal injury lawsuit against your employer, even if you’re receiving workers' compensation benefits. These situations typically require clear evidence of gross negligence or intentional misconduct.

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What Can I Do If My Workers' Compensation Claim Is Denied?

If your claim is denied, you have the right to appeal the decision. A workers' compensation attorney can assist you in filing an appeal through the New York State Workers Compensation Board. The process typically involves:

  • Requesting a Hearing. You can file a formal appeal by requesting a hearing before a Workers Compensation Law Judge. This is where both the worker and employer present evidence, and the judge makes a ruling on the case.
  • Board Panel Review. If you're dissatisfied with the judge's decision, you can request a review by a panel of three board members, who will either affirm, modify, or overturn the decision.
  • Full Board or Court Appeal. If the panel's decision is still unsatisfactory, you can request a review by the full Workers Compensation Board or appeal to the Appellate Division of the New York Supreme Court.

During the appeals process, having legal representation can significantly improve your chances of success by ensuring that your case is presented with the necessary evidence and documentation.

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How Long Does It Take To Receive Workers' Compensation Benefits?

This system is meant to provide fast, reliable support for injured workers, ensuring they have access to the care they need without the added stress of fighting over who’s to blame. It doesn’t matter if the injury was caused by a slip and fall, repetitive strain, or a sudden accident involving machinery — workers' compensation covers all work-related injuries. Once your claim is approved, benefits are typically paid within a few weeks. Delays can occur if there are disputes over the claim, which is why having an attorney can help expedite the process.

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What If I’m Partially Responsible For My Work Injury?

Manhattan’s no-fault workers compensation system is designed to protect all workers, regardless of how their injury occurred. In this system, you don't need to prove that your employer was negligent or at fault to receive benefits. Whether you work in construction, healthcare, an office, a warehouse, or any other industry, the key is proving that the injury occurred as part of your job duties. With very few exceptions, if you’re injured on the job in New York, you have the right to seek compensation for medical expenses, lost wages, and possibly more—even if the accident was partially your fault.

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Benefits of Hiring a Manhattan Workers’ Compensation Lawyer

While you're not legally required to have a workers' compensation attorney, hiring an experienced Manhattan lawyer can greatly improve the likelihood of a successful claim. Here’s how our team can make a significant impact on your case:

  1. Navigate the Complex Legal Process with Ease

The workers' compensation system in New York is full of complicated rules and procedures. Missing a deadline or misunderstanding a requirement could delay your benefits or result in denial. A skilled attorney will guide you through the process, ensuring all paperwork and forms, like the C-3, are filed correctly and on time.

  • Why it matters: A missed step or small error can derail your claim. We make sure your claim is bulletproof, so you don’t have to worry about avoidable setbacks.
  1. Maximize Your Workers' Compensation Benefits

Determining the full value of your workers' compensation benefits requires deep legal knowledge. Our attorneys will carefully evaluate your injury, your wage loss, and potential long-term medical needs. We ensure you receive not just your immediate benefits but also coverage for ongoing treatment or rehabilitation that may be necessary.

  • Why it matters: Insurance companies often undervalue claims. We make sure every dollar you're owed is calculated and pursued, protecting your long-term financial health.
  1. Challenge Lowball Settlement Offers

Insurance companies often attempt to minimize payouts by offering quick, low settlements. With a Manhattan workers' compensation lawyer on your side, you won’t be pressured into accepting less than you deserve. We have the experience to negotiate aggressively, ensuring your settlement covers all your medical expenses, lost wages, and future care.

  • Why it matters: Without legal representation, injured workers are more likely to accept insufficient settlements. We fight for a fair outcome that reflects the full value of your claim.
  1. Strengthen Your Case with Proper Evidence

Strong evidence is key to a successful workers’ comp claim, especially if there’s a dispute about your injury’s severity or how it happened. We gather medical records, expert testimony, and other essential evidence to build the strongest case possible for your benefits.

  • Why it matters: Solid evidence can make or break your case. Our team knows how to collect and present the right information to ensure your claim is fully supported.
  1. Appeal a Denied Claim with Confidence

If your workers' compensation claim is denied, an experienced lawyer can guide you through the appeals process. We’ll file the appeal, present new evidence, and represent you at hearings before the New York Workers Compensation Board to challenge the denial and fight for the benefits you deserve.

  • Why it matters: Appealing a denial is complex and time-sensitive. We know the appeals process inside and out, and we’ll work tirelessly to reverse your claim’s denial.
  1. Represent You in Legal Hearings and Disputes

If your case escalates to a formal hearing, having an attorney represent you can make a significant difference. We will advocate for you, present your case in court, cross-examine witnesses, and ensure all evidence is effectively introduced to maximize your chances of a favorable outcome.

  • Why it matters: Workers' compensation hearings can be intimidating and difficult to navigate on your own. We handle every aspect, giving you peace of mind while we fight for your rights.
  1. Provide Support So You Can Focus on Recovery

The legal process can be stressful and time-consuming. Hiring a Manhattan workers' compensation attorney allows you to focus on healing while we manage the complexities of your case. Our goal is to relieve you of the legal burden so you can prioritize your health.

  • Why it matters: Your recovery is your top priority. With us managing your claim, you can rest easy knowing your case is in good hands.

Hiring a Manhattan workers' compensation attorney greatly increases your chances of receiving the full benefits you’re entitled to. Our team is dedicated to protecting your rights, navigating the legal challenges, and ensuring you receive the compensation you need to recover fully.

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Dedicated Manhattan Attorneys Who Know Workers’ Comp Law Inside and Out

If you’ve been hurt in a workplace accident in Manhattan, we can help. Our attorneys have a thorough knowledge of workers' compensation law and know how the system works. We know what it takes to file a successful claim and are determined to help you get the benefits you need and deserve.

We handle everything in the workers’ compensation process, from helping you understand what benefits you can expect and filing a claim to fighting denied workers comp claims and choosing the right job injury doctor. You can count on us to be by your side every step of the way. And since opposing lawyers and insurance adjusters know we meticulously prepare every case, they will usually offer our clients a favorable settlement out of court, before going to trial.

We also have extensive experience handling Social Security Disability claims and appeals.

Contact a Workers' Compensation Attorney in Manhattan Today

Don't take on the complex legal process of dealing with workers' compensation alone. If you were injured on the job in Manhattan, let the experienced workers’ comp lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP help you recover the compensation that is rightfully yours. Contact us online for a free evaluation. Every conversation is completely confidential, and you pay nothing unless we win!

Manhattan
551 5th Avenue
Suite 520
New York, NY 10176
(212) 341-7900
4.6/5 stars, 333 reviews

Directions:

By Car: Take 5th Avenue four blocks south of St. Patrick's Cathedral. Our office is between 45th and 46th Street.

By Train: Take the 7 to 5th Avenue; or the B, D, F,  or M to 47-50 Streets - Rockefeller Center.