New York City Workers Compensation Lawyer
When you’re hurt at work in New York, we go to work for you
New York City is known for a lot of things, but at the end of the day, it’s workers who make the city work. Whether you work on a construction site or behind a desk, a work injury can derail your life in a hurry. That’s why it’s important to get experience on your side as you navigate the workers’ compensation system. You need a NYC workers’ compensation attorney at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP.
“The insurance company tried to cheat me, but they never stood a chance, thanks to Pasternack Tilker Ziegler Walsh Stanton & Romano! Great leading paralegal Cindy Medina was the best experience through this, keeping me informed and answering all my questions! Couldn’t ask for better! Thanks, Cindy.” — Stevie D.
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We handle all of the following cases on behalf of NYC workers:
- Work Accidents
- Work Injury
- Construction Accidents
- Social Security Disability
- Civil Service Disability
- Personal Injury
NYC Workers’ Compensation FAQs
- How does workers’ compensation work in NYC?
- What are common types of work accidents and injuries in NYC?
- What does workers’ compensation in New York pay for?
- Can I get workers’ compensation for a pre-existing condition worsened at work?
- When I file a workers’ comp claim, am I suing my employer?
- Can my employer fire me for filing a workers’ comp claim?
- What are the steps to filing a workers’ comp claim in NYC?
- Why would my workers’ compensation claim get denied?
- Do I have the option to choose my own doctor?
- What happens if I can’t return to my previous job?
- What other benefits can I receive while collecting workers’ compensation?
- How can an NYC workers’ compensation lawyer help me?
How does workers’ compensation work in NYC?
Workers’ compensation is a state-regulated insurance program that provides financial and medical assistance to employees who are injured or fall ill due to their job duties. In NYC, this program ensures workers get the support they need without carrying the financial burden alone.
What are common types of work accidents and injuries in NYC?
In New York City, workplace accidents happen across a wide range of industries, from construction and transportation to office settings and retail. The city’s fast-paced environment and diverse workforce mean workers face various risks every day. Some of the most common types of work accidents and injuries in NYC include:
- Construction Site Accidents: Falls from scaffolding, ladders, or roofs are prevalent in NYC’s booming construction industry. Workers may also suffer injuries from falling debris, heavy machinery accidents, or electrical shocks.
- Slip and Fall Accidents: Workers in retail, hospitality, and office environments often face hazards like wet floors, uneven surfaces, or poorly maintained walkways, leading to serious injuries like fractures or head trauma.
- Transportation Accidents: Truck drivers, delivery personnel, and other transportation workers are frequently involved in accidents on NYC’s congested streets, often leading to severe injuries.
- Repetitive Stress Injuries: Office workers and those in physically demanding roles may develop repetitive stress injuries like carpal tunnel syndrome or back injuries due to repetitive motions or prolonged periods of physical exertion.
- Exposure to Toxic Substances: Workers in industrial or cleaning jobs may encounter harmful chemicals, asbestos, or other toxic materials, leading to respiratory issues or long-term illnesses.
- Workplace Violence: Employees in high-stress environments or roles dealing with the public, like healthcare workers or retail employees, may face the risk of physical altercations or assaults.
- Machinery-Related Injuries: Workers in manufacturing or industrial settings can sustain serious injuries from malfunctioning or improperly maintained equipment.
- Overexertion Injuries: Lifting heavy objects, working long hours, or performing physically demanding tasks can lead to muscle strains, sprains, or other injuries.
- Struck-By Accidents: This occurs when workers are hit by objects, vehicles, or equipment, which is common on construction sites and in warehouses.
Injuries from these accidents can range from minor cuts and bruises to severe injuries like broken bones, traumatic brain injuries, spinal cord damage, or even fatalities. No matter the type of injury, NYC workers have legal rights, including access to workers’ compensation benefits and potential third-party claims.
Workers’ compensation in New York also covers illnesses caused by workplace exposure to hazardous conditions, such as asbestos exposure, respiratory diseases, repetitive stress injuries, or chemical poisoning. To qualify, you’ll need medical evidence linking your condition to your work environment. Filing for benefits in occupational illness cases can be complex due to the delayed onset of symptoms, so consulting an attorney is crucial.
What does workers’ compensation in New York pay for?
Workers’ compensation in New York is designed to provide financial relief and support for employees injured on the job or suffering from work-related illnesses. The benefits are intended to cover medical expenses, lost wages, and other costs associated with the injury or illness. Here’s an overview of what workers’ compensation typically pays for in New York:
- Medical Expenses: Workers’ compensation covers the full cost of necessary medical treatment related to your workplace injury or illness. This includes doctor visits, hospital stays, surgeries, prescription medications, physical therapy, and other approved treatments. There are no out-of-pocket costs for workers receiving treatment from authorized healthcare providers.
- Lost Wages: If your injury or illness prevents you from working, workers’ compensation provides partial wage replacement. Typically, this is two-thirds of your average weekly wage, up to a maximum amount set by New York state. The amount you receive depends on the severity of your injury and whether you are temporarily or permanently disabled.
- Temporary Disability Benefits: If your injury temporarily prevents you from working, workers’ compensation provides wage replacement benefits until you can return to your job or reach maximum medical improvement (MMI).
- Permanent Disability Benefits: For workers who suffer permanent impairments, workers’ compensation may provide additional benefits based on the severity and type of disability, such as loss of a limb or reduced earning capacity.
- Vocational Rehabilitation: If your injury prevents you from returning to your previous job, workers’ compensation may cover vocational training or job placement services to help you find new employment.
- Death Benefits: In the event of a fatal workplace accident or illness, workers’ compensation provides death benefits to surviving dependents, such as a spouse, children, or other eligible family members. These benefits include partial wage replacement and up to $12,500 for funeral and burial expenses in New York City or Long Island ($10,500 in other parts of the state).
While workers’ compensation provides critical financial support, it doesn’t account for non-economic damages such as pain and suffering. If your injury or illness resulted from a third party’s negligence (e.g., a contractor, manufacturer, or property owner), you may be eligible to pursue additional compensation through a third-party claim.
If you’ve been injured at work, consulting a knowledgeable workers’ compensation attorney can help ensure you receive all the benefits you’re entitled to and explore other potential avenues for compensation. Don’t leave money on the table—get the legal guidance you need to secure your future.
Can I get workers’ compensation for a pre-existing condition worsened at work?
As long as you can show that your job duties or environment worsened a pre-existing condition, you can receive workers’ compensation. This requires a note or diagnosis from your doctor describing the nature of your condition and what likely worsened it.
When I file a workers’ comp claim, am I suing my employer?
Since New York workers’ compensation is a no-fault system, filing a workers’ comp claim isn’t the same as suing your employer. This means there is no burden of proof that negligence occurred. However, you must prove that your injury or health condition occurred within the scope of your employment. When you accept workers’ compensation benefits, you generally waive your right to sue your employer directly. You can only sue your employer for gross negligence or intentional harm.
While workers’ compensation generally bars you from suing your employer directly, there are exceptions. If your employer intentionally caused your injury or demonstrated extreme negligence, you may have grounds for a lawsuit. Additionally, third-party claims may be pursued if another party—such as a contractor, equipment manufacturer, or property owner—was partially responsible for your injury. These claims allow you to seek compensation for non-economic damages like pain and suffering, which aren’t covered by workers’ compensation.
Can my employer fire me for filing a workers’ comp claim?
It is illegal for employers in New York to retaliate against employees for filing a workers’ compensation claim. Retaliation can include wrongful termination, demotion, pay cuts, or creating a hostile work environment. If you experience retaliation, you may be able to file a wrongful termination or discrimination claim. An attorney can protect your rights and hold your employer accountable for any illegal actions.
What are the steps to filing a workers’ comp claim in NYC?
Pursuing a workers’ compensation claim is often a complicated process with no room for error. Before you begin, it’s best to seek guidance from an experienced NYC workers’ comp attorney who knows how the legal system in New York works.
The process typically begins with reporting your injury to your employer in writing. This must be done within 30 days of your injury and should include a detailed description of what happened. You must then seek immediate medical attention with a doctor authorized by the New York Workers’ Compensation Board and inform them that your injury happened on the job.
When it comes time to file your claim, you must complete and submit Form C-3 within two years of sustaining your injury or getting diagnosed by a doctor. Any error on Form C-3 can result in your benefits getting delayed or denied. An attorney can help you ensure everything is accurate and filed correctly.
At some point, your employer’s insurer may ask for more information or require an independent medical examination. It’s important to respond promptly to avoid any delays. If your claim is denied, you have the right to appeal the decision through the Workers’ Compensation Board. An experienced attorney can help build a strong case for your appeal.
Why would my workers’ compensation claim get denied?
There are many reasons why your workers’ compensation claim may be denied. Some common reasons include:
- Failing to report the injury within the required timeframe.
- Claims that your injury wasn’t work-related.
- Issues with a pre-existing condition.
- Errors in paperwork.
- Lack of supporting evidence.
- Failure to follow your treatment plan.
- Insurance disputes after an independent medical exam.
If your workers’ compensation claim is denied, don’t give up hope. You have the right to appeal the decision through the New York Workers’ Compensation Board. An experienced workers’ compensation attorney can help you navigate the appeals process, gather additional evidence, and represent you during hearings to maximize your chances of receiving the benefits you deserve under New York law.
Do I have the option to choose my own doctor?
You must choose a healthcare provider authorized by the New York Workers’ Compensation Board. You can switch to another doctor if the new doctor is authorized. Always make sure the provider knows your injury is work-related to ensure your treatment is covered under workers’ compensation.
What happens if I can’t return to my previous job?
If your workplace injury prevents you from returning to your previous job, workers’ compensation may cover vocational rehabilitation or job retraining programs to help you transition into a new role. These benefits are intended to restore your earning capacity and provide long-term support for your career. An attorney can advocate for access to these benefits if your employer or their insurance company tries to limit them.
What other benefits can I receive while collecting workers’ compensation?
You can still obtain workers’ compensation if you’re collecting other benefits such as Social Security Disability Insurance (SSDI) or retirement benefits. However, there may be some limits on how much you can receive.
If you collect SSDI along with workers’ compensation, the total of your benefits must remain below 80% of your average pre-injury earnings. If they exceed the 80% threshold, your SSDI may be reduced. If you’re receiving retirement benefits, how much you receive in workers’ comp may also depend on whether you retired due to a disability or other reasons.
How can an NYC workers’ compensation lawyer help me?
The lawyers at our firm can investigate your workplace accident by carefully reviewing documentation, gathering evidence, and interviewing witnesses. We build strong cases and can guide you through the claims process every step of the way. And if your claim for benefits is denied, we will fight for you in negotiations, hearings, and appeals. We’re dedicated to helping you get the results you need and deserve.
If you’ve been injured, you need to meet with a NYC workers’ compensation lawyer at our firm today. We have multiple offices in New York City and serve injured workers throughout the Five Boroughs. If you can’t come to us, we’ll be happy to come to you. Contact us today to schedule your free consultation – remember, you don’t pay us a cent until and unless we win for you.
Our New York City Offices
Manhattan Office
551 5th Avenue
Suite 520
New York, NY 10176
212-341-7900
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Brooklyn Offices
180 Livingston Street
Suite 2
Brooklyn, NY 11201
718-395-5056
2053 Flatbush Ave
Floor 1
Brooklyn, NY 11234
718-222-9800
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Bronx Office
1775 Grand Concourse
Suite 701
Bronx, NY 10453
347-584-8576
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Queens Office
118-35 Queens Blvd
Suite 1725
Queens, NY 11375
347-926-7104
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