New City, NY Workers’ Compensation Lawyer
We are the legal team you can trust when you’re hurt on the job
Were you injured at work in New City or elsewhere in Rockland County? Under New York law, you have the right to no-fault workers’ compensation benefits to help you through this difficult time. However, actually getting those benefits can be a difficult process. You need the New City, NY, workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP on your side.
Work injuries happen fast. But the process of getting your life and career back together is just the opposite. You may be looking at weeks or months of medical treatment. You may be out of work for a long time. Our goal is to help you rebuild your life by taking care of your claim while you focus on getting better.
“Excellent workers compensation law firm …Top notch paralegals and attorneys.” – Samuel M., ⭐⭐⭐⭐⭐
FAQs About Workers’ Compensation Claims in New City, NY
- What is workers’ compensation, and how does it work in New York?
- What are some common causes of work-related accidents in New City, NY?
- What should I do immediately after a workplace injury in New City, NY?
- Am I eligible for workers’ compensation if my injury occurred while commuting in New City?
- What industries in New City, NY see the most workplace injuries?
- What types of injuries are commonly covered under workers’ compensation in New City, NY?
- How long do I have to file a workers’ compensation claim?
- What benefits can I receive from workers’ compensation?
- What if my workers’ compensation claim is denied?
- How do I prove my injury or illness is work-related in New City, NY?
- What if my workplace injury results in a permanent disability?
- What should I do if I lost a loved one in a fatal workplace accident in New City, NY?
- How does New York workers’ compensation handle pre-existing conditions aggravated by work?
- What is the difference between workers’ compensation and personal injury claims?
- How can a workers’ compensation lawyer in New City, NY, help with my claim?
- How can I schedule a free consultation with a New City, NY workers’ compensation lawyer?
What is workers’ compensation, and how does it work in New York?
Workers’ compensation is a state-regulated system that provides financial and medical benefits to employees injured while on the job or those who develop a work-related illness. It’s designed to ensure that workers receive support without needing to prove fault. Employers in New City are legally required to have workers’ compensation insurance. If your employer doesn’t have coverage, you may be able to seek compensation through the Uninsured Employers Fund. A lawyer can help navigate these situations. Here’s how workers’ comp works:
- Eligibility: Any worker injured while performing job duties in New City is typically eligible for workers’ compensation benefits. This includes full-time, part-time, and sometimes even undocumented workers. Common industries in New City, such as construction, healthcare, and retail, are particularly prone to work-related injuries.
- Benefits: Workers’ compensation covers medical expenses, lost wages, disabilities, and, in cases of fatal accidents or illnesses, death benefits to surviving family members.
- Filing a Claim: After an injury, you must notify your employer and file a workers’ compensation claim with the New York Workers’ Compensation Board.
- Consulting an Attorney: Contacting a lawyer early can protect your rights and help you navigate the legal complexities with less stress.
Because New City is part of the broader New York metropolitan area, workplace injuries can happen in various environments, from busy construction sites to retail stores. Having a lawyer ensures you maximize your compensation and avoid common mistakes that could delay or deny your benefits.
What are some common causes of work-related accidents in New City, NY?
In New City, NY, work-related accidents happen across a variety of industries due to several common causes:
- Falls from Heights: Especially common in construction, workers can suffer serious injuries from scaffolding collapses or falls off ladders and roofs.
- Slip-and-Fall Accidents: In retail, healthcare, and office environments, wet floors, uneven surfaces, or poor lighting may lead to slip-and-fall injuries.
- Heavy Machinery Accidents: In construction and manufacturing, workers operating or working near machinery risk crush injuries, amputations, and other severe trauma if the equipment malfunctions or safety protocols are ignored.
- Struck-by Objects: In industries like warehousing and construction, workers face the danger of being struck by falling tools, equipment, or materials, causing anything from minor injuries to severe head trauma.
- Vehicle Accidents: Delivery drivers, construction equipment operators, and other workers in transportation-heavy jobs are often injured in crashes, either on job sites or while traveling for work.
- Exposure to Hazardous Materials: In manufacturing, cleaning, and healthcare, workers risk exposure to harmful chemicals or biohazards, leading to respiratory issues, skin conditions, or long-term illnesses.
- Repetitive Motion Injuries: Repetitive tasks, such as typing or assembly line work, can lead to carpal tunnel syndrome or tendonitis over time, making it difficult to continue working without proper medical care.
- Back Strains Due to Poor Ergonomics: Jobs requiring long hours of sitting, standing, or lifting without proper ergonomic support often result in back strains, leading to chronic pain and reduced mobility.
If you’ve been injured at work, it’s important to act quickly. Contacting a workers’ compensation lawyer can help ensure you get the benefits and justice you deserve.
What should I do immediately after a workplace injury in New City, NY?
If you’re injured on the job in New City, NY, taking the right steps immediately can protect your health and your ability to receive workers’ compensation benefits. Here’s what you should do:
- Seek Medical Attention: Your health is the top priority. Whether the injury seems minor or severe, get medical care right away. In New City, NY, your employer may direct you to a specific healthcare provider for initial treatment. If it’s an emergency, go to the nearest hospital or urgent care.
- Notify Your Employer: New York workers’ compensation laws require that you report your injury to your employer within 30 days. Do this in writing, if possible, to create a record. Include important details like the date, time, location, and circumstances of the accident. Failing to report the injury within the time limit can jeopardize your ability to receive benefits.
- Consult a Workers’ Compensation Lawyer: The claims process can be complex, and insurance companies often try to reduce or deny benefits. Consulting a workers’ compensation lawyer can protect your rights. A lawyer will:
- Help gather medical documentation and other evidence.
- Communicate with the insurance company on your behalf.
- Ensure deadlines are met and legal procedures followed.
- Investigate third-party liability, especially in industries common to New City, like construction and retail, where multiple parties may be involved.
- Document Everything: Keep detailed records of the incident. This includes taking photos of the injury, the scene of the accident, and any hazards that caused it. Write down the names of any witnesses and the sequence of events that led to the accident. These records will be crucial if your claim is disputed.
- Follow Medical Advice: Stick to the treatment plan provided by your doctor. If you don’t follow medical advice, the insurance company may argue that you’re not as injured as claimed, which could impact your benefits. Always keep copies of medical records, bills, and treatment notes.
- File a Workers’ Compensation Claim: You’ll need to file your claim with the New York Workers’ Compensation Board. This should be done as soon as possible to avoid delays. A lawyer can help ensure that all paperwork is completed properly and submitted within the deadlines.
Taking these steps right after a workplace injury increases your chances of securing the full benefits you deserve. Reaching out to a workers’ compensation lawyer in New City, NY, as early as possible can make the entire process smoother and ensure you don’t miss out on valuable compensation.
Am I eligible for workers’ compensation if my injury occurred while commuting in New City?
Workers’ compensation typically does not cover injuries sustained during your commute in New City, NY, due to the “coming and going” rule. The coming and going rule is a legal principle in workers’ compensation that generally excludes coverage for injuries sustained while commuting to or from work. This means that if you’re injured during your regular commute, you’re typically not eligible for workers’ compensation benefits.
However, there are exceptions, such as if you were performing a work-related task during your commute, if your employer provided your transportation, or if you were in the parking lot. If you’re unsure whether your case qualifies, a workers’ compensation lawyer can help evaluate your situation and guide you through the process.
What industries in New City, NY see the most workplace injuries?
In New City, NY, a wide range of industries are prone to workplace injuries, each with its own set of hazards. Some of the most injury-prone sectors include:
- Construction: With numerous ongoing building projects in and around New City, construction workers face risks from falls, equipment accidents, and heavy machinery injuries.
- Healthcare: Hospitals and care facilities in the area see many healthcare workers suffer from repetitive stress injuries, lifting-related back injuries, and exposure to infectious diseases.
- Retail: In retail environments, especially in larger stores or warehouses, employees often experience slip-and-fall accidents, lifting injuries, and repetitive motion injuries.
- Manufacturing: With factories and production facilities in the area, workers are at risk of machinery accidents, exposure to hazardous materials, and repetitive strain injuries.
- Transportation and Delivery: Drivers and delivery workers face dangers like vehicle accidents, loading and unloading injuries, and long-term strain from repetitive motions and extended periods of sitting.
While these industries see the most injuries, workers’ compensation claims can result from any type of job. Office workers may suffer repetitive strain injuries, restaurant staff can experience burns or cuts, and outdoor laborers might develop heat-related illnesses. No matter your job, if you’ve been injured or made ill at work, a workers’ compensation lawyer can help you understand your rights and pursue the benefits you deserve.
What types of injuries are commonly covered under workers’ compensation in New City, NY?
Workers’ compensation in New City, NY, covers a broad range of injuries, including:
- Traumatic Injuries: These include broken bones, sprains, burns, and lacerations from accidents like falls, being struck by heavy objects, or machinery malfunctions, which are especially common in industries like construction and manufacturing.
- Repetitive Motion Injuries: Conditions like carpal tunnel syndrome, back strain, and tendonitis can develop from repetitive tasks such as lifting, typing, or working on an assembly line in industries like warehousing, retail, and healthcare.
- Occupational Illnesses: Exposure to toxic substances such as asbestos, chemicals, or dust can lead to lung diseases, respiratory issues, or skin conditions in industries like manufacturing, construction, and cleaning.
- Hearing Loss: Prolonged exposure to loud environments, such as construction sites or factories, can lead to hearing damage or loss, which is often covered by workers’ compensation.
- Crush Injuries: In jobs where heavy machinery or materials are involved, workers can suffer crush injuries, which can result in broken bones, internal damage, or amputations, particularly in construction or manufacturing settings.
- Slip-and-Fall Injuries: Common across various workplaces, from construction sites to retail stores, slip-and-fall accidents can result in fractures, head injuries, and sprains.
- Chemical Burns: Workers exposed to hazardous chemicals in industries like manufacturing, cleaning, or laboratory settings can suffer serious burns, which are often covered by workers’ compensation.
- Electrical Injuries: Electricians or construction workers who encounter faulty wiring or live circuits may experience electric shocks or burns, leading to severe injury or even death.
- Eye Injuries: Jobs involving welding, chemical exposure, or debris can result in eye injuries, including vision loss or damage from foreign objects or toxic chemicals.
- Vehicle-Related Accidents: Delivery drivers, construction equipment operators, and other workers involved in vehicle use may be injured in on-the-job vehicle accidents, resulting in anything from minor injuries to severe trauma.
These and many other types of injuries are covered under workers’ compensation. A lawyer can help ensure that you file the right claim and receive the full benefits you’re entitled to.
How long do I have to file a workers’ compensation claim?
In New City, like elsewhere in New York, you must notify your employer of a workplace injury within 30 days, and you have two years to file a claim with the New York Workers’ Compensation Board. Deadlines can vary depending on your situation, so it’s important to consult a workers’ compensation lawyer as soon as possible to ensure your claim is filed on time and handled properly.
What benefits can I receive from workers’ compensation?
Workers’ compensation benefits in New City, NY, can cover a range of things, but the type and amount of benefits available will depend on the specifics of your case. It’s important to prove key factors like the extent of your injuries and the type of medical attention required, as insurance companies often dispute these details. They also tend to challenge how much money you earn as part of your average weekly wage (AWW), which affects the amount of wage replacement you receive.
Here’s what benefits typically cover:
- Medical Expenses: This includes full payment for doctor visits, surgeries, physical therapy, medications, and any necessary medical equipment. Workers’ compensation covers all reasonable and necessary medical costs related to your injury without co-pays or deductibles.
- Wage Replacement: If you’re unable to work, you may receive temporary disability payments, usually calculated at two-thirds of your average weekly wage, up to a state maximum. These benefits are paid until you can return to work or reach maximum medical improvement.
- Disability Benefits: If your injury leads to a permanent or temporary disability, benefits are based on the severity of your disability. Permanent total disabilities may result in lifetime benefits. In contrast, partial or temporary disabilities are calculated based on a percentage of lost earning capacity and may be paid for a set period.
- Death Benefits: In the case of a fatal work-related accident, the worker’s family can receive compensation, which includes funeral expenses up to a set limit and a portion of the worker’s average weekly wage, typically two-thirds, to help surviving dependents.
A workers’ compensation lawyer can help you navigate how these benefits are calculated and ensure you receive everything you’re entitled to.
What if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, you still have the right to appeal the decision, but the process can be complex and time-sensitive. A lawyer can help gather the necessary evidence, represent you in hearings, and challenge the denial to ensure you get the benefits you deserve. Without legal guidance, you risk missing deadlines or making mistakes that could weaken your case.
How do I prove my injury or illness is work-related in New City, NY?
To prove your injury or illness is work-related in New City, NY, you’ll need to provide strong evidence, such as medical records, witness statements, and documentation showing the connection between your job and your condition. You may also need to show how the injury occurred or how long-term exposure at work led to your illness.
A workers’ compensation lawyer can handle gathering this evidence, coordinating with medical professionals, and dealing with insurance companies so you can focus on your recovery. With legal help, you can avoid common mistakes and improve your chances of getting the benefits you deserve.
What if my workplace injury results in a permanent disability?
If your workplace injury in New City, NY, results in a permanent disability, you may be entitled to the following types of workers’ compensation benefits:
- Permanent Partial Disability (PPD): If you’re partially disabled but still able to work in some capacity, you’ll receive compensation based on the percentage of disability and the body part affected.
- Permanent Total Disability (PTD): If you’re unable to work in any capacity due to your injury, you may be eligible for lifetime benefits equal to two-thirds of your average weekly wage (AWW) up to the state’s maximum limit.
- Temporary Total Disability (TTD): If your injury temporarily prevents you from working, you’ll receive wage replacement benefits while you recover, calculated at two-thirds of your AWW.
- Temporary Partial Disability (TPD): If you can return to work in a reduced capacity, TPD benefits compensate for the difference between your pre-injury wages and your current earnings.
A lawyer can help ensure you receive the correct classification and benefits based on your injury’s impact on your ability to work.
What should I do if I lost a loved one in a fatal workplace accident in New City, NY?
If you lost a loved one in a fatal workplace accident in New City, NY, you may be entitled to death benefits under workers’ compensation. These benefits can help cover funeral expenses and provide financial support to surviving family members through wage replacement, typically two-thirds of the deceased’s average weekly wage (AWW). It’s important to file a claim promptly and gather all necessary documentation.
A workers’ compensation lawyer can handle the legal process for you, ensuring you receive the maximum benefits while you focus on grieving and healing.
How does New York workers’ compensation handle pre-existing conditions aggravated by work?
New York workers’ compensation covers pre-existing conditions if they are worsened by your job duties. Common conditions include back injuries aggravated by lifting, arthritis worsened by repetitive motions, respiratory issues exacerbated by workplace dust or chemicals, carpal tunnel syndrome made worse by extended typing or hand movements, and heart conditions that deteriorate due to job-related stress.
To qualify for compensation, it’s crucial to prove that your job directly contributed to making the condition worse, and a lawyer can help you gather the right medical evidence to support your claim.
What is the difference between workers’ compensation and personal injury claims?
A workers’ compensation claim provides benefits for on-the-job injuries regardless of fault, covering medical expenses, wage replacement, and disability benefits. However, it typically does not allow for compensation for pain and suffering. In contrast, a personal injury claim requires proving someone else’s negligence caused your injury but allows for broader compensation, including pain and suffering and full lost wages.
You may be able to file both if a third party’s negligence contributed to your injury. Scenarios where you could file both claims include:
- Faulty Equipment: If you’re injured on a construction site due to faulty machinery or equipment supplied by a third-party manufacturer.
- Car Accidents While Working: If you’re involved in a car accident caused by another driver while making deliveries or running work-related errands.
- Subcontractor Negligence: If a subcontractor on your worksite causes your injury through their negligence.
- Defective Products: If you use a defective product or tool at work that leads to injury, you can file a personal injury claim against the product’s manufacturer.
- Premises Liability: If you’re injured at a location not owned by your employer while performing work duties, such as slipping and falling on a client’s premises.
In these situations, a lawyer can help you navigate both the workers’ compensation and personal injury claims to maximize your compensation.
How can a workers’ compensation lawyer in New City, NY, help with my claim?
Navigating a workers’ compensation claim on your own can be overwhelming, especially when you’re dealing with an injury or illness. A skilled New City, NY, workers’ compensation lawyer can be your greatest asset, ensuring your claim is handled smoothly and that you get the benefits you deserve. Here’s how a lawyer can make the process easier and protect your rights:
- Filing the Claim: They ensure all paperwork is completed correctly and filed within the required deadlines, avoiding costly mistakes that could delay or deny your benefits.
- Gathering Evidence: A lawyer will help collect the necessary medical records, workplace documentation, and witness statements to prove your injury is work-related.
- Dealing with Insurance Companies: Insurance companies often try to minimize payouts. A lawyer will negotiate on your behalf, ensuring you receive the maximum benefits you’re entitled to.
- Appealing Denied Claims: If your claim is denied, a lawyer can represent you in hearings or appeals to challenge the decision and fight for your rights.
With the right lawyer on your side, you can focus on healing while they handle the complex legal details of your case.
How can I schedule a free consultation with a New City, NY workers’ compensation lawyer?
To schedule a free consultation with a New City, NY workers’ compensation lawyer, call or fill out our online form. During your consultation, we’ll review your case, explain your options, and guide you through the next steps — so you can focus on recovery while we handle the legal details. Let us help you take control of your situation and secure the benefits you’re entitled to. Get in touch today to start the process.
Get an attorney who understands the workers’ compensation system
Workers’ compensation pays for all of your reasonable and necessary medical expenses related to a work injury and partial replacement of lost wages, regardless of fault. If you were hurt on the job, you get workers’ comp. At least, that’s true in theory. In practice, your employer’s insurance company may dispute whether the injury actually happened at work or argue that you are faking or exaggerating your injuries. They may also dispute whether a particular drug or therapy is “reasonable” or “necessary” – even if it’s exactly what your doctor ordered.
We know how to fight back. Our attorneys have the experience and resources to investigate your injury, prove that you were hurt on the job, and demand the full amount of benefits you are entitled to by law. Our hard-hitting approach gets results – billions recovered for over 100,000 clients in the Hudson Valley and throughout New York.
Get your claim moving forward today. Contact us to schedule your free consultation with a New City, NY workers’ compensation attorney.
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