Queens Workers' Compensation Lawyer
Job-Related Injury in Queens? A Reliable Workers' Compensation Attorney Can Fight For Your Rights
For over 90 years, we’ve been going to bat for job injury victims who can’t work due to workplace injuries, occupational diseases, or other job-related illnesses. These can include debilitating construction worker injuries, such as exposure to chemicals and falls from heights, or hospital worker accidents or sick buildings diseases. We also handle civil service disability pension claims for New York state, city, and municipal employees, such as sanitation workers or public transportation employees. In addition, we are union-friendly and help union members injured on the job. In every case, we know that the first low-ball offer clients receive is far beneath the number workers’ compensation insurance adjusters are willing to go to, to avoid facing us in court.
When you call Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, you will have experienced, meticulous workers' compensation attorneys in Queens at your disposal, who are known for going after every cent of workers' compensation money that our clients are owed. If you were hurt in a work accident injury or have one of the long list of long-term workplace illnesses or occupational diseases New Yorkers get—from tunnel sandhog silicosis and utility worker asbestos exposure to mesothelioma, work-related cancer or job accident back injury—we can help.
“Very reliable and helpful attorneys and paralegals. Excellent law firm to deal with. I extremely recommend them for all your legal issues. Certainly 5+ Stars.” – Edith H.
FAQs About Queens Workers’ Compensation
- What Is Workers' Compensation, and How Does It Work in Queens?
- How are workers injured on the job in Queens?
- What are common types of workplace injuries?
- What does workers’ compensation cover?
- Can I still qualify for workers’ compensation with a pre-existing condition?
- Is filing a workers’ compensation claim considered suing my employer?
- Can I be fired for filing a workers’ compensation claim?
- How do I file a workers’ compensation claim in Queens?
- Why are workers’ compensation claims denied?
- Can I choose my own doctor for workers’ compensation treatment?
- What other benefits can I receive while collecting workers’ compensation?
- Do I need a lawyer to file a workers’ compensation claim?
What Is Workers' Compensation, and How Does It Work in Queens?
Workers' compensation is a state-regulated insurance program that offers financial and medical assistance to employees who are injured or fall ill due to their jobs. In Queens, this program ensures that workers get the support they need without having to carry the financial burden alone.
How are workers injured on the job in Queens?
Workplace accidents can happen in various industries, leaving workers with serious injuries and financial challenges. Some common types of workplace accidents include slips and falls, machinery accidents, lifting injuries, struck-by accidents, burns and explosions, falls from heights, and vehicle crashes.
What are common types of workplace injuries?
Workers can be hurt in many different ways. Common injuries seen in workplace accidents include sprains and strains, fractures, cuts and lacerations, back and neck injuries, head injuries, burns, occupational illnesses, repetitive strain injuries, and eye injuries. Injured workers may need extensive medical treatment and be unable to work for some time.
What does workers’ compensation cover?
Workers’ compensation is a system designed to provide medical benefits and financial assistance to workers who are injured on the job. It covers medical expenses, rehabilitation costs, partial lost wages, and disability benefits. However, actually getting these benefits can be complex, as insurance companies often try to minimize payouts or deny claims.
Can I still qualify for workers’ compensation with a pre-existing condition?
Workers’ compensation may cover pre-existing conditions if your job has aggravated or worsened them. The key is proving that your work activities led to the exacerbation. For example, if you had a previous back injury but your current duties increased the severity of that injury, you could be eligible for benefits. It’s important to have accurate documentation from your healthcare provider to help prove your case.
Is filing a workers’ compensation claim considered suing my employer?
Filing a workers’ compensation claim isn’t the same as suing your employer. Workers’ compensation operates as a no-fault system—meaning you don’t need to prove negligence to receive benefits. In return, you generally waive your right to sue your employer directly. However, there may be exceptions, such as if your employer’s gross negligence or intentional misconduct led to your injury.
Can I be fired for filing a workers’ compensation claim?
Legally, no. Your employer can’t fire or retaliate against you simply for filing a workers' compensation claim. It’s against New York State law to terminate or demote an employee solely because they sought benefits. If you believe you've been fired for exercising your rights, you may have grounds for a wrongful termination claim.
How do I file a workers’ compensation claim in Queens?
Filing a workers’ compensation claim can feel like a complicated process, but our New York attorneys can help ease the process and improve your chances of approval. Here’s what the process involves:
- Report your injury immediately: You must inform your employer within 30 days of sustaining a work injury. Provide a written notice detailing what happened, even if it seems like a minor incident.
- Seek Medical Attention: See a doctor authorized by the New York Workers’ Compensation Board. Let them know your injury is work-related to ensure proper documentation.
- File Form C-3: You must complete and submit Form C-3 within two years of your injury or diagnosis. Our attorneys can help ensure the form is completed fully and accurately.
- Respond to insurer requests: The insurer might need more information or require you to undergo an independent medical exam. Respond promptly to avoid delays.
- Appeal if denied: If your claim is denied, you can appeal through the Workers’ Compensation Board. An experienced attorney can help you build a stronger case.
- Receive your benefits: If your claim is approved, you’ll start receiving benefits for your medical costs and wage replacement.
Why are workers’ compensation claims denied?
An insurance company may say that you failed to report the injury within the required timeframe. They may argue that your injuries are not work-related or that they were pre-existing. Claims can also be denied for failing to follow a doctor’s treatment plan or after an independent medical examination disputes the extent of your injuries. Mistakes in paperwork or failure to provide supporting evidence can also result in a denied claim.
Can I choose my own doctor for workers’ compensation treatment?
You must choose from a list of providers authorized by the New York Workers’ Compensation Board. You can switch doctors later as long as the new one is also on the authorized list. Always make sure the healthcare provider knows the injury is work-related to ensure your treatment qualifies for workers’ compensation.
What other benefits can I receive while collecting workers’ compensation?
In Queens, NY, it’s possible to collect Social Security Disability Insurance (SSDI) or retirement benefits while on workers’ compensation. However, limits may apply. For example, if you’re collecting SSDI while on workers’ comp, the combined total of your benefits must not exceed 80% of your average pre-injury earnings. If it does, your SSDI benefits may be adjusted to stay below this threshold.
If you’re receiving retirement benefits, how much you receive in workers’ comp may depend on your retirement type. For example, if you retire due to a disability, the amount you receive in workers’ comp may be impacted.
Do I need a lawyer to file a workers’ compensation claim?
You are not required to have a lawyer. But remember, employers and their insurance companies have the advantage. An experienced workers’ compensation lawyer can help you navigate the claims process and fight for your rights. A lawyer can gather evidence, review medical records, and build a strong case to prove the extent of your injuries and the impact on your ability to work. A lawyer can also negotiate with insurance companies on your behalf and ensure you receive the maximum benefits you deserve.
Aggressive Queens Lawyers Who Diligently Pursue Workers Comp Settlements
We will be at your side through every step of the workers' compensation process. We can explain benefits and eligibility, help you file your claim, and fight for you if your claim is denied. As seasoned NY workers’ compensation attorneys, we know how to handle dismissive insurance claim adjusters. Because they know we’re a formidable opponent in court, they often offer a great settlement long before going to trial against us.
Contact a Reputable, Diligent Queens Workers' Compensation Lawyer Today
Don't take on a Queens workers' compensation case alone. If you were injured, let the relentless personal injury attorneys at the Queens County law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano LLP help you recover the compensation that is rightfully yours. Call us today at (347) 926-7104 or contact us online for a free evaluation. Every conversation is confidential, and there is no obligation.
Queens
118-35 Queens Blvd
Suite 1725
Queens, NY 11375
(347) 926-7104
4.9/5 stars, 1,161 reviews
Directions:
By Car: Take the Grand Central Parkway E. to Exit 12 (Rt-25/Queens Blvd/78 Ave). Stay straight to go onto Grand Central Parkway/Peartree Ave. Continue to follow Grand Central Pkwy. Turn Right onto 78th Avenue. Turn Left onto Queens Boulevard. Our office is located across the street from CVS.
By Train: Take the E or F Trains to the Kew Gardens/Union Turnpike stop. Once you are out of the subway, walk along Queens Boulevard, going towards 78th Avenue. We are across the street from CVS.