New Windsor, NY Workers’ Compensation Attorney
We’re proud to fight for injured workers when it matters most
Were you hurt on the job in New Windsor, Newburgh, or anywhere in Orange County, NY? In theory, workers’ compensation is supposed to take care of you. In practice, actually getting through the process can be incredibly difficult. That’s where an experienced New Windsor, NY workers’ compensation lawyer can make a meaningful difference.
At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have a deep understanding of the workers’ compensation system in New York. We know how to advocate for workers and help them move forward after an injury. It’s hard to argue with our track record – over 100,000 clients represented, billions recovered.
When the system puts obstacles in your way, we fight back.
Under New York law, if you’re injured on the job – regardless of fault – your employer is responsible for your medical expenses and partial replacement of lost wages if you cannot work. However, getting those benefits is often difficult. Your employer’s insurance company may dispute whether a particular medical treatment is reasonable and necessary. They may even argue that your injury wasn’t work-related, or that you’re faking or exaggerating symptoms.
We don’t put up with those tactics. We are committed fighters for workers’ rights in New Windsor and throughout the Hudson Valley. If you’ve been injured on the job, trust a New Windsor, NY, workers’ compensation lawyer at our law firm to fight for your rights while you focus on getting better. Schedule your free consultation today.
“Great Lawyers who always handle any concerns that may arise w/case. Highly recommended for victories.” – Keith S., ⭐⭐⭐⭐⭐
FAQs About Workers’ Compensation Claims in New Windsor, NY
- What Are the Common Causes of Workplace Injuries in New Windsor, NY?
- What Should I Do Immediately After Being Injured at Work?
- Can I Still Receive Workers’ Compensation If I Am Partially Responsible for My Injury?
- What Are My Rights After a Workplace Injury in New York?
- What Types of Injuries Are Commonly Covered by Workers’ Compensation?
- What Industries in New Windsor, NY, See the Most Workers’ Compensation Claims?
- What Happens If I Can’t Return to Work After My Injury?
- Can I File a Workers’ Compensation Claim If My Work-Related Illness Developed Over Time?
- What Benefits Can I Receive Through Workers’ Compensation?
- How Long Does It Take to Receive Workers’ Compensation Benefits in New York?
- How Can a New Windsor Workers’ Compensation Lawyer Help Me After a Workplace Injury?
- Can I Sue My Employer After a Work-Related Injury?
- What Should I Do If My Workers’ Compensation Claim Is Denied?
- How Do I Deal With Insurance Companies After a Workplace Injury?
- What Is the Statute of Limitations for Filing a Workers’ Compensation Claim?
- What If My Loved One Was Killed in a Fatal Workplace Accident?
- Why Should I Hire a New Windsor Workers’ Compensation Lawyer?
What Are the Common Causes of Workplace Injuries in New Windsor, NY?
Workplace injuries can happen in a variety of ways, and understanding the most common causes in New Windsor can help you avoid them and know what to expect if you’re injured. These causes are often preventable but frequently occur due to unsafe working conditions, human error, or negligence. Common causes of workplace injuries in New Windsor include:
- Slips, Trips, and Falls: Often caused by wet floors, uneven surfaces, or improper maintenance, particularly in industries like retail and hospitality.
- Overexertion: Repetitive strain from lifting heavy objects or performing repetitive tasks, common in construction and warehouse settings.
- Falls from Heights: Frequently occur in construction, especially when workers are on ladders or scaffolding without proper safety gear.
- Vehicle-Related Accidents: Workers in transportation or delivery jobs face high risks from vehicle collisions, whether driving or working around heavy equipment.
- Exposure to Harmful Substances: Workers in factories or cleaning services may come into contact with toxic chemicals or asbestos.
- Struck by Falling Objects: In warehouses or construction sites, items may fall and injure workers.
- Machinery Accidents: Often occur in manufacturing or construction jobs when safety protocols aren’t followed.
If you’ve been injured at work due to any of these causes, contacting a lawyer can help ensure that your workers’ compensation claim covers all of your medical needs and lost wages.
What Should I Do Immediately After Being Injured at Work?
Being injured at work can be a traumatic and confusing experience. Taking the right steps immediately after your injury can protect your health, safety, and legal rights. Here’s what you should do:
- Report the Injury to Your Employer: Notify your employer or supervisor as soon as possible. New York law requires you to report a workplace injury within 30 days.
- Seek Medical Attention: Get medical treatment right away, even if the injury seems minor. Inform the doctor that it’s a work-related injury so they can document it properly.
- Consult a Lawyer: Working with a lawyer can make the process smoother, ensuring that you don’t miss any important deadlines or overlook valuable compensation. After a work injury, contact a lawyer for a free consultation to learn about the value of your claim and to protect your rights.
- Document the Incident: If possible, take photos of the accident scene, your injuries, and any equipment involved. Get witness statements and contact information.
- File a Workers’ Compensation Claim: Your employer should provide you with the necessary forms to file. Make sure to complete them as soon as possible.
- Follow Up on Your Medical Treatment: Attend all follow-up appointments and comply with your doctor’s orders. Failing to do so could impact your workers’ compensation claim.
These steps are crucial to protecting your right to compensation.
Can I Still Receive Workers’ Compensation If I Am Partially Responsible for My Injury?
You can still receive workers’ compensation in New Windsor even if you are partially responsible for your injury. New York operates under a no-fault system, meaning that your eligibility for workers’ compensation benefits does not depend on who was at fault for the accident. As long as the injury occurred while you were performing work-related duties, you can typically receive compensation for medical expenses and lost wages. Consulting with a lawyer can ensure your claim is filed correctly and that you receive the full benefits you’re entitled to.
What Are My Rights After a Workplace Injury in New York?
After a workplace injury, it’s essential to understand your rights so you can receive the compensation and care you deserve. New York law offers several protections to injured workers:
- Right to Medical Treatment: You can receive medical care related to your work injury, paid for by workers’ compensation insurance.
- Right to Lost Wages: You may be entitled to wage replacement benefits if your injury prevents you from working.
- Right to a Safe Workplace: Your employer is required to provide a safe working environment and follow safety protocols.
- Right to File a Workers’ Compensation Claim: You have the right to file a claim for any injury or illness sustained at work, and you cannot be fired or retaliated against for doing so.
- Right to Disability Benefits: If your injury causes temporary or permanent disability, you may be entitled to additional benefits.
Understanding these rights is the first step toward getting the compensation you need. A lawyer can help ensure your rights are fully protected and you receive maximum benefits.
What Types of Injuries Are Commonly Covered by Workers’ Compensation?
In New York, workers’ compensation covers many injuries, but not all injuries may automatically qualify. Understanding which types of injuries are covered can help you determine whether you have a valid claim. Common injuries covered by workers’ compensation include:
- Traumatic Injuries: Such as broken bones, sprains, and concussions from falls or machinery accidents.
- Repetitive Stress Injuries: Including carpal tunnel syndrome or tendonitis, often caused by repetitive tasks.
- Occupational Illnesses: Diseases like lung disease, cancer, or hearing loss that develop due to prolonged exposure to harmful substances or conditions at work.
- Back and Neck Injuries: Often caused by lifting heavy objects or poor ergonomics.
- Burns and Chemical Exposure: Particularly common in industries like manufacturing, construction, and cleaning.
If you’ve suffered any of these injuries while at work, a workers’ compensation attorney can help you file a claim and ensure you receive all the benefits you’re entitled to.
What Industries in New Windsor, NY, See the Most Workers’ Compensation Claims?
Different industries come with unique risks, and some industries in New Windsor are more prone to workplace injuries than others. If you work in one of these fields, it’s essential to be aware of the common hazards. Industries with high rates of workers’ compensation claims in New Windsor include:
- Construction: Known for falls from heights, machinery accidents, and being struck by falling objects.
- Manufacturing: Workers often face injuries from heavy machinery, repetitive tasks, and exposure to harmful substances.
- Healthcare: Healthcare workers frequently suffer from overexertion, needlestick injuries, and slip-and-fall accidents.
- Retail and Hospitality: Slip-and-fall accidents, overexertion, and incidents with heavy lifting are common in this sector.
- Warehousing and Distribution: Workers face a higher risk of being struck by vehicles, falling objects, and equipment accidents.
If you work in any of these industries and have been injured, working with a lawyer can help you navigate the specific challenges related to workers’ compensation in your field.
What Happens If I Can’t Return to Work After My Injury?
If you can’t return to work after your injury, you may be entitled to long-term or permanent disability benefits through workers’ compensation. These benefits can provide ongoing financial support for lost wages, depending on the extent of your injury and its impact on your ability to work. You might also qualify for vocational rehabilitation to help you train for a new job if you’re unable to continue in your previous role. A lawyer can help ensure you receive the maximum benefits available and guide you through this complex process.
Can I File a Workers’ Compensation Claim If My Work-Related Illness Developed Over Time?
Work-related illnesses don’t always happen suddenly. Many develop over time due to prolonged exposure to harmful substances or repetitive tasks. You may still be eligible for workers’ compensation benefits even if your illness wasn’t caused by a single accident. Illnesses that often develop over time include:
- Chronic Respiratory Issues: From exposure to dust, fumes, or chemicals in industries like manufacturing or construction.
- Hearing Loss: Often caused by long-term exposure to loud noises in industrial environments.
- Repetitive Stress Injuries: Such as carpal tunnel syndrome from repeated motions or tasks over many years.
- Occupational Cancers: Such as mesothelioma or lung cancer caused by exposure to asbestos or other hazardous materials.
If you believe your illness is work-related, it’s important to file a claim as soon as possible. A lawyer can help gather the necessary medical evidence to strengthen your case and ensure you get the benefits you need.
What Benefits Can I Receive Through Workers’ Compensation?
Workers’ compensation provides a range of benefits to support injured workers and their families. These benefits are crucial for covering medical bills and lost wages while you recover. The benefits you may receive through workers’ compensation include:
- Medical Benefits: Coverage for hospital visits, surgeries, medications, and rehabilitation services.
- Lost Wage Benefits: Compensation for a portion of the wages you lose while recovering from your injury.
- Permanent Disability Benefits: If your injury causes long-term or permanent disability, you may receive additional compensation.
- Vocational Rehabilitation: If you can no longer perform your previous job, you may be eligible for retraining to find new employment.
- Death Benefits: If a worker dies due to a work-related injury or illness, surviving family members may be entitled to death benefits.
These benefits are essential to your financial and physical recovery. Having a lawyer on your side ensures you receive everything you’re entitled to, especially if there are complications in your claim.
How Long Does It Take to Receive Workers’ Compensation Benefits in New York?
The time it takes to receive workers’ compensation benefits in New Windsor can vary based on several factors, but generally, you should start receiving wage replacement benefits within a few weeks of filing your claim. After you report your injury, your employer must notify their insurance carrier, and once the claim is approved, payments typically begin within 18 to 30 days. However, delays can occur if there are disputes or if additional documentation is needed. Consulting a lawyer can help ensure your claim is processed efficiently and that you receive your benefits as quickly as possible.
How Can a New Windsor Workers’ Compensation Lawyer Help Me After a Workplace Injury?
Navigating the workers’ compensation process can be complicated, especially when you’re already dealing with an injury. A lawyer can take the burden off your shoulders and help you through every step of the process. A workers’ compensation lawyer can help you by:
- Filing Your Claim: Ensuring all paperwork is completed accurately and on time.
- Gathering Evidence: Collecting medical records, witness statements, and other documentation to support your claim.
- Negotiating with Insurance Companies: Advocating for the full benefits you deserve, even if the insurance company tries to minimize or deny your claim.
- Handling Appeals: If your claim is denied, your lawyer can file an appeal and represent you during hearings.
- Maximizing Your Compensation: Ensuring you receive all possible benefits, including temporary disability, permanent disability, and vocational rehabilitation.
With a lawyer on your side, you don’t have to face the insurance company alone. They will fight for your rights and ensure your case is handled properly.
Can I Sue My Employer After a Work-Related Injury?
In most cases, you cannot sue your employer after a work-related injury in New Windsor because workers’ compensation is designed to be a no-fault system that provides benefits regardless of fault. However, there are exceptions if your employer was grossly negligent or if a third party was involved in causing the injury. In such cases, you may be able to pursue a personal injury lawsuit in addition to filing a workers’ compensation claim. Consulting with a lawyer can help you understand your legal options and determine if a lawsuit is possible.
What Should I Do If My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied in New Windsor, you can file an appeal to have the decision reviewed. It’s important to act quickly, gather any missing documentation, and provide additional evidence that supports your claim, such as medical records or witness statements. An experienced workers’ compensation lawyer can guide you through the appeals process, represent you at hearings, and increase your chances of overturning the denial.
How Do I Deal With Insurance Companies After a Workplace Injury?
Dealing with insurance companies after a workplace injury can be challenging, as they may try to minimize or deny your claim. It’s important to keep detailed records of your injury, follow your doctor’s treatment plan, and avoid giving any recorded statements without legal advice. Having a workers’ compensation lawyer on your side can help you negotiate with the insurance company and ensure you receive the full benefits you deserve.
What Is the Statute of Limitations for Filing a Workers’ Compensation Claim?
In New York, the statute of limitations for filing a workers’ compensation claim is two years from the date of the injury or from when you became aware that your illness was work-related. Failing to file within this time frame could result in losing your right to benefits. To ensure that your claim is filed on time and properly handled, it’s helpful to consult a workers’ compensation lawyer who can guide you through the process.
What If My Loved One Was Killed in a Fatal Workplace Accident?
If your loved one was killed in a fatal workplace accident in New Windsor, you may be eligible to receive death benefits through workers’ compensation. These benefits can help cover funeral expenses and provide financial support for surviving family members. In some cases, you may also be able to pursue a wrongful death claim if third-party negligence contributed to the accident. Speaking with a lawyer can help you navigate these legal options during such a difficult time.
Why Should I Hire a New Windsor Workers’ Compensation Lawyer?
While it’s possible to handle a workers’ compensation claim on your own, the process can be overwhelming, especially if your claim is disputed or denied. A lawyer can ensure your rights are protected and that you receive the compensation you deserve. Here’s why hiring a lawyer is beneficial:
- Legal Experience: A lawyer knows the ins and outs of New York workers’ compensation laws and can navigate complex legal processes.
- Accurate Claim Filing: Avoid mistakes in paperwork or missed deadlines that could delay or reduce your benefits.
- Better Compensation: Studies show that workers with legal representation are more likely to receive higher compensation for their injuries.
- Appeals: If your claim is denied, a lawyer can handle the appeal process and represent you at hearings.
- Third-Party Claims: If someone other than your employer is responsible for your injury, a lawyer can pursue a third-party claim to maximize your compensation.
Hiring a lawyer can make the difference between receiving minimal benefits and securing the full compensation you’re entitled to.
Our New Windsor Office
117 Executive Drive, Suite 200
New Windsor, NY 12553
T: 845-582-3071
Google Average Rating: 4.8/5 stars, 113 reviews
Directions: From I-87, take exit 17 and follow signs for Tandem Area. Take NY-300 S for about two miles and turn left onto 207 E/300 S. Take the first right onto Executive Drive, then take the third left. Our office will be on your right.