Westchester County Workers’ Compensation Lawyer
Workplace Injury in Westchester County? A Tough Workers Compensation Lawyer Will Fight For Your Justice
For over 90 years, we’ve been helping job injury victims in Westchester County who may need medical treatment, surgery, vocational rehabilitation, or who are disabled due to the injury and can’t go back to work. If you came to this page, it may be because you have a debilitating job-related illness or injury from a construction site accident in Westchester County, a healthcare worker accident, or a continuous motion or repetitive stress injury. You’ve come to the right place.
The Westchester County Law Office of Pasternack Tilker Ziegler Walsh Stanton & Romano LLP is known for the powerful worker’s compensation attorneys on its staff, who bring decades of experience in successfully obtaining significant workers’ compensation claim settlements for clients. If you were injured in a work-related accident or have one of many long-term workplace illnesses or occupational diseases New Yorkers can contract, contact us today to see how we can help you.
“Great service, highly recommend. Randy Paula has been a great help with guiding me through the legal process of my case.” – James M., ⭐⭐⭐⭐⭐
FAQs About Workers’ Compensation Claims in Westchester County, NY
- What Is Workers’ Compensation and Who Qualifies for It?
- What Types of Injuries Are Most Common for Workers?
- How Do I Report a Work Injury?
- When Should I Notify My Employer About My Injury in Westchester County?
- How Do I File a Workers’ Compensation Claim in Westchester County?
- Can I Receive Workers’ Compensation If I Have a Pre-Existing Condition?
- Can I Still Receive Workers’ Compensation If I Was at Fault?
- What Are My Options if I Was Hurt at a Westchester County Construction Site?
- How Are Lost Wages Calculated for Workers’ Compensation in Westchester?
- Can I Change Doctors During My Workers’ Compensation Case?
- What Are My Options If My Claim Is Denied?
- Can I Receive Both Workers’ Compensation and Unemployment Benefits?
- Is It Possible to Receive Both Workers’ Compensation and Disability Benefits?
- How Much Time Does It Take to Resolve a Workers’ Compensation Case?
- What Should I Know About Workers’ Compensation Settlements in Westchester?
- Can I Continue Working While Receiving Workers’ Compensation in Westchester?
- Can I Sue for Additional Damages if My Employer Was Negligent?
- What Legal Actions Can I Take if My Employer Retaliates for Filing a Claim?
- What Are the Benefits of Hiring an Albany Workers’ Compensation Lawyer?
What Is Workers’ Compensation and Who Qualifies for It?
Workers’ compensation is a form of insurance designed to provide medical care and wage benefits to employees who are injured or become ill due to their jobs. In New York, workers’ compensation covers a wide range of injuries and illnesses, and almost all employers must carry this insurance. Understanding if you qualify is the first step toward getting the benefits you need. Here’s who qualifies for workers’ compensation in New York:
- Employees of most private and public sector employers are entitled to workers’ compensation benefits, regardless of fault for the injury. However, misclassification occurs when an employer wrongly labels an employee as an independent contractor, potentially denying them these benefits. In such cases, a lawyer can help prove employee status and secure the compensation they deserve.
- Workers Injured on the Job, whether at the workplace or in connection with a work-related duty (e.g., driving, construction sites).
- Those Who Develop Occupational Diseases, such as illnesses caused by toxic exposure at work.
- Workers Who Suffer Repetitive Stress Injuries, like carpal tunnel syndrome, caused by ongoing job-related tasks.
- Families of Workers Who Died As a Resu 12 lt of Work, who may be eligible for death benefits.
Because navigating the workers’ compensation process can be complex, and insurance companies may try to limit benefits, having an experienced workers’ compensation lawyer can make the process much smoother and increase your chances of receiving full benefits.
What Types of Injuries Are Most Common for Workers?
Workplace injuries can happen in any industry, and certain types of injuries are more common based on the nature of the job. Understanding these common injuries can help you identify when workers’ compensation may apply. Here are the most common types of workplace injuries in Westchester County:
- Slip, Trip, and Fall Injuries, often leading to broken bones, sprains, or head injuries.
- Back and Spinal Injuries from heavy lifting, repetitive motion, or awkward positions.
- Occupational Diseases, including respiratory conditions from exposure to hazardous materials.
- Carpal Tunnel Syndrome and other repetitive stress injuries caused by repeated motion.
- Machinery-Related Injuries, which may occur in construction, manufacturing, or industrial jobs.
If you’ve suffered one of these or any other job-related injuries, consulting with a lawyer can help ensure you receive the full compensation you’re entitled to, especially if your case involves complex injuries or multiple parties.
How Do I Report a Work Injury?
Reporting a work injury promptly is critical to ensuring you can access workers’ compensation benefits. Failing to report within the required time limits can jeopardize your claim, so it’s essential to follow the correct steps. To report a work injury in Westchester, follow these steps:
- Notify Your Employer As Soon As Possible, ideally within 30 days of the injury.
- Provide A Written Report detailing the injury, when it occurred, and how it happened.
- Seek Medical Attention from a provider authorized by the New York Workers’ Compensation Board.
- Keep Detailed Records of your injury, including medical reports, witness statements, and any communication with your employer.
- Contact a Workers’ Compensation Lawyer for a free consultation if you’re unsure about the process or facing resistance from your employer. Contacting a workers’ compensation lawyer can help protect your rights.
Reporting an injury correctly can make or break your claim.
When Should I Notify My Employer About My Injury in Westchester County?
In Westchester County, you should notify your employer about your injury as soon as possible, ideally within 30 days of the accident. Prompt reporting ensures that your claim is not jeopardized, as failing to inform your employer within this time frame could lead to a denial of workers’ compensation benefits. Be sure to report the injury in writing, detailing when, where, and how it occurred. Consulting a lawyer can help you navigate the process and ensure your rights are protected.
How Do I File a Workers’ Compensation Claim in Westchester County?
It should be simple. You’ve been hurt in a workplace accident in Westchester County and need medical treatment. Your claim is processed, and you will get the benefits you qualify for. But there’s a lot more to it. To get benefits, you need to:
- Notify your employer about the injury or illness as soon as possible. Provide details about how and when the injury occurred and any witnesses present.
- Obtain medical care for your injuries and follow the prescribed treatment plan.
- Complete and submit Form C-3 to the New York Workers’ Compensation Board within two years from the date of the injury.
- Collect and organize documents related to your injury, such as medical records, accident reports, witness statements, and any other supporting evidence.
- Go to any independent medical examinations (IMEs) scheduled by the insurance carrier to evaluate your condition.
If your claim is disputed or denied, you may need to attend hearings before an administrative law judge and present additional evidence that supports your claim for benefits.
Can I Receive Workers’ Compensation If I Have a Pre-Existing Condition?
Workers who have pre-existing conditions often worry about whether they can still qualify for workers’ compensation benefits if they get injured on the job. The good news is that pre-existing conditions do not automatically disqualify you from receiving workers’ compensation. For example, conditions like back injuries, arthritis, or carpal tunnel syndrome can still be covered if your job aggravated or worsened them. You may still be eligible for compensation if you can prove that the workplace injury made your pre-existing condition worse. A lawyer can help gather the necessary medical evidence to strengthen your claim. Here’s what you should know about workers’ compensation and pre-existing conditions:
- Aggravation Of A Pre-Existing Condition due to a workplace injury is generally covered under workers’ compensation.
- Medical Evidence may be required to show that the work injury worsened your condition.
- Pre-Existing Conditions Not Affected By The Work Injury may not be covered, so it’s essential to document how your job caused or worsened your condition.
If you have a pre-existing condition and your employer’s insurer is denying your claim, a workers’ compensation lawyer can help prove that your work aggravated the condition and ensure you receive fair benefits.
Can I Still Receive Workers’ Compensation If I Was at Fault?
Yes, you can still receive workers’ compensation benefits even if you were at fault for the injury, as New York workers’ compensation operates on a no-fault system. This means that benefits are available regardless of who caused the accident as long as the injury occurred while you were performing your job duties. A lawyer can ensure that your claim proceeds smoothly, even if fault is a concern.
What Are My Options if I Was Hurt at a Westchester County Construction Site?
If you were hurt at a Westchester County construction site, you are likely eligible for workers’ compensation benefits, which cover medical bills and lost wages. Additionally, depending on the circumstances, you may be able to file a third-party claim against a contractor, equipment manufacturer, or another responsible party. A lawyer can evaluate your case to help you explore all possible compensation sources.
How Are Lost Wages Calculated for Workers’ Compensation in Westchester?
Lost wages in workers’ compensation are calculated based on two-thirds of your average weekly wage, subject to a state-mandated maximum amount. The exact amount depends on the severity of your injury and whether it causes partial or total disability. A lawyer can help you ensure that your lost wages are accurately calculated and that you receive the correct benefits.
Can I Change Doctors During My Workers’ Compensation Case?
In New York, you have the right to change doctors during your workers’ compensation case, but it must be to another doctor authorized by the Workers’ Compensation Board. If you switch providers, it’s important to inform both your employer and the insurance carrier. Consulting a lawyer can help ensure that your medical care remains uninterrupted and compliant with workers’ compensation regulations.
What Are My Options If My Claim Is Denied?
If your workers’ compensation claim is denied, you can appeal the decision through the New York Workers’ Compensation Board. This process involves filing an appeal, attending hearings, and possibly presenting additional evidence. A lawyer can guide you through this process and improve your chances of overturning the denial.
Can I Receive Both Workers’ Compensation and Unemployment Benefits?
You generally cannot receive both workers’ compensation and unemployment benefits simultaneously because workers’ compensation is for those unable to work due to injury, while unemployment benefits are for those actively seeking work. If you are partially disabled and able to work in a limited capacity, you may qualify for partial unemployment benefits. A lawyer can help determine which benefits apply to your situation.
Is It Possible to Receive Both Workers’ Compensation and Disability Benefits?
Yes, it is possible to receive both workers’ compensation and Social Security Disability Insurance (SSDI), but your SSDI benefits may be reduced due to the workers’ compensation offset rule. This reduction ensures that the combined benefits don’t exceed a certain percentage of your pre-injury earnings. A lawyer can help ensure you receive the maximum benefits possible from both sources.
How Much Time Does It Take to Resolve a Workers’ Compensation Case?
The time it takes to resolve a workers’ compensation case varies. Still, it typically takes several months to over a year, depending on the complexity of the case and whether it goes to a hearing. Cases involving serious injuries or disputes over benefits can take longer to settle. A lawyer can help expedite the process by handling legal issues and negotiating with insurers.
What Should I Know About Workers’ Compensation Settlements in Westchester?
Workers’ compensation settlements are agreements between the injured worker and the employer’s insurance company to close a claim. These settlements can provide lump-sum payments but are often complex and should not be rushed into without understanding your rights. Key things to know about workers’ compensation settlements in Westchester County include:
- Types of Settlements, such as stipulations or Section 32 agreements, which can affect your future benefits.
- The Value of Your Settlement depends on factors like your injury, medical expenses, and lost wages.
- Settlements May Waive Future Benefits, meaning you may be unable to reopen your claim later.
- Settlement Negotiations often involve the insurance company trying to minimize the payout, so having strong legal representation is crucial.
It’s important to have a lawyer review your settlement offer before agreeing, as they can ensure it covers all your medical needs and financial losses, helping you avoid being shortchanged.
Can I Continue Working While Receiving Workers’ Compensation in Westchester?
You can continue working while receiving workers’ compensation in Westchester, but only if your doctor has cleared you to do so and your employer offers suitable light-duty or modified work. If your injury allows for partial or limited work, you may still receive partial benefits to cover lost wages. A lawyer can help protect your rights if your employer tries to push you into work beyond your medical restrictions.
Can I Sue for Additional Damages if My Employer Was Negligent?
In most cases, workers’ compensation is the exclusive remedy for workplace injuries, meaning you cannot sue your employer for additional damages, even if they were negligent. However, if a third party – such as a contractor or equipment manufacturer – was involved, you may be able to file a separate personal injury lawsuit. A lawyer can assess your case to determine whether third-party liability applies, allowing you to seek further compensation.
What Legal Actions Can I Take if My Employer Retaliates for Filing a Claim?
Workers have a right to file workers’ compensation claims without fear of retaliation, but unfortunately, some employers may retaliate by firing, demoting, or discriminating against an injured worker. If this happens, you have legal options to protect yourself. Here’s what you can do if your employer retaliates:
- Document the Retaliation, including dates, actions taken against you, and any relevant communications.
- File a Complaint With the New York Workers’ Compensation Board or the Department of Labor for retaliatory actions.
- Consider a Lawsuit for wrongful termination or discrimination, if applicable.
Retaliation is illegal, and you don’t have to handle it alone. A workers’ compensation lawyer can help you take the right steps to protect your rights and seek justice if your employer acts unfairly.
What Are the Benefits of Hiring an Albany Workers’ Compensation Lawyer?
Hiring a workers’ compensation lawyer can significantly affect how smoothly your case progresses and the benefits you receive. From filing your claim to negotiating settlements, a lawyer can provide invaluable support throughout the process. Here are the benefits of hiring a workers’ compensation lawyer in Westchester:
- Navigating Complex Legal Processes, ensuring that all forms and deadlines are properly managed.
- Maximizing Your Benefits, including medical care, lost wages, and potential lump-sum settlements.
- Negotiating With Insurance Companies, who often try to minimize payouts without an experienced lawyer to push back.
- Appealing Denied Claims, increasing your chances of receiving compensation after an initial rejection.
- Protecting Your Rights, ensuring that your employer follows the law and does not retaliate against you for seeking benefits.
A lawyer can relieve much of the stress of navigating a workers’ compensation claim on your own, allowing you to focus on recovery while knowing your case is in good hands.
Relentless Westchester County Workplace Accident Lawyers Who Know the Law Inside and Out
As long-established Westchester County on-the-job accident attorneys, we’re not afraid of fast-talking insurance adjusters who offer a low-ball settlement just to get you to go away. They know we’re a formidable force in court and typically will go to a much higher number long before going to trial against us. In addition, we handle civil service disability pension claims for New York state, city, and municipal employees, such as sanitation workers, law enforcement, or public transportation employees. We’re also union-friendly and help union members who got injured at work. We also have experience handling personal injury and Social Security Disability claims.
Contact a Reputable, Diligent Westchester County Worker’s Compensation Lawyer Today
You may not know what to do next if you’ve been hurt at work. We can meet with you to discuss what happened, review your options, and answer any questions.
Don’t take on a Westchester County workers’ compensation case alone. If you were injured, let the relentless work accident attorneys at the Westchester County Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano LLP help you recover the compensation you deserve. Contact us online for a free evaluation. Every conversation is confidential, and there is no obligation.
1 North Broadway
Suite 802
White Plains, NY 10601
(914) 328-8500
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Directions:
By Car: Take the Tappan Zee Bridge to Rte 287. Get off Rte 287 at Exit 6. Make a right turn onto North Broadway and stay on until Hamilton Ave. Make a right turn onto Hamilton Ave and park in either the municipal garage OR take the Bronx River Parkway northbound to Exit 21 – Main Street. At the end of the ramp, right turn onto Main Street – East Galleria Mall.
By Train: Take the Metro North to the White Plains stop. From the White Plains train station to the office, walk past the taxi waiting area to the top of the small hill. Make a right, walk half a block, and make a left onto Hamilton Avenue. Walk approximately 8 blocks to North Broadway and make a right. A taxi ride from the station to the office will cost approximately $5.00.