White Plains, NY Workers’ Compensation Attorney
A law firm you can trust when you’re hurt on the job
If you’ve been injured on the job in White Plains or anywhere in Westchester County, you may be in for a rough ride. The accident itself may have been over in seconds, but recovering from your injuries might take weeks, months, or even longer. The workers’ compensation system is supposed to help, but navigating that system can be difficult. That’s why you need a White Plains, NY, workers’ compensation lawyer from Pasternack Tilker Ziegler Walsh Stanton & Romano LLP.
New York’s workers’ compensation is intended to protect injured workers. If you were hurt at work – even if it was your fault – your employer is generally responsible for 100% of your reasonable and necessary medical treatment for the injury and partial replacement of lost wages. However, the insurance company may dispute whether your injury was work-related or argue that a particular treatment isn’t necessary. That’s where we come in.
“Very grateful with the help they gave me; very professional and always on point with what I need.” – Nery M., ⭐⭐⭐⭐⭐
Attorneys who proudly fight for injured workers in White Plains and beyond
We know how to respond to the insurance company’s tactics and advocate for the compensation you need and deserve. We’ll conduct our own investigation to prove that you were hurt on the job and advocate for the medical treatment you need. Our goal is to help you rebuild your life while you focus on getting better. It’s hard to argue with our track record – over 100,000 clients represented, billions recovered.
After a work injury in Westchester County, you have rights – and we’ll fight for them. Contact us today to schedule your free consultation with a workers’ compensation attorney in White Plains, NY.
FAQs About Workers’ Compensation Claims in White Plains, NY
- What Should I Know About White Plains Workers’ Compensation Benefits?
- What Are the Steps to Take After a Workplace Injury in White Plains?
- What Types of Job-Related Injuries Are Common in White Plains?
- How Are Workers’ Compensation Benefits Calculated in White Plains?
- How Long Does It Take to Get Workers’ Compensation Benefits in White Plains?
- Can I Still Receive Workers’ Compensation If I Was at Fault?
- What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?
- What Are My Rights if I Was Injured at a White Plains Construction Site?
- How Does White Plains Workers’ Compensation Handle Recurring Injuries?
- Can I Use My Regular Doctor for a Workers’ Compensation Claim in White Plains?
- What Should I Do if My Workers’ Compensation Claim is Disputed?
- What Should I Know About Settling a Workers’ Compensation Claim?
- Can I Return to Work While Receiving Workers’ Compensation Benefits?
- Will My Benefits Be Impacted if I Return to Work Part-Time?
- Are There Situations Where I Could Sue My Employer for a Work Injury?
- What If My Employer Retaliates Against Me for Filing a Claim?
- What Happens If My Loved One Died in a Workplace Accident in White Plains?
- What Should I Look For When Hiring a White Plains Workers’ Compensation Lawyer?
What Should I Know About White Plains Workers’ Compensation Benefits?
New York workers’ compensation is an insurance system that provides benefits to employees who suffer job-related injuries or illnesses. It covers medical expenses, wage replacement, and other benefits to help workers recover and maintain financial stability during their recovery. Workers’ compensation is a no-fault system, meaning that employees are eligible for benefits regardless of who caused the injury as long as it happened while performing their job duties. Here’s what you should know about White Plains workers’ compensation benefits:
- Medical Benefits cover doctor visits, surgeries, medications, and rehabilitation treatments.
- Wage Replacement provides two-thirds of your average weekly wage, subject to state maximum limits.
- Disability Benefits are available for workers who suffer temporary or permanent disabilities due to their injury.
- Death Benefits provide financial support to families of workers who die due to a work-related injury.
Since navigating the workers’ compensation system can be complex, working with a lawyer can ensure you get the full benefits you’re entitled to without delays or complications.
What Are the Steps to Take After a Workplace Injury in White Plains?
Taking immediate and correct steps after a workplace injury in White Plains is critical to ensuring that you can receive workers’ compensation benefits. Following the right procedures helps preserve your rights and avoid delays in your claim. Here are the steps to take after a workplace injury:
- Seek Medical Attention from an emergency medical care facility or provider authorized by the Workers’ Compensation Board, depending on the immediacy of the situation.
- Report The Injury To Your Employer as soon as possible, ideally within 30 days.
- Document The Injury by keeping records of medical treatments, doctor’s reports, and any communication with your employer.
- Consult A Workers’ Compensation Lawyer can help ensure that you meet all legal requirements and maximize your chances of receiving benefits.
- File A Workers’ Compensation Claim with the New York Workers’ Compensation Board using Form C-3.
Following these steps properly is essential for protecting your claim.
What Types of Job-Related Injuries Are Common in White Plains?
Different jobs have different risks, but certain injuries are more common across various industries. Understanding the most frequent job-related injuries can help you identify when workers’ compensation may be necessary. Common job-related injuries in White Plains include:
- Slip, Trip, And Fall Injuries, often resulting in fractures, sprains, or head injuries.
- Back And Spinal Injuries from heavy lifting or repetitive motion.
- Repetitive Stress Injuries, like carpal tunnel syndrome, from ongoing repetitive tasks.
- Cuts And Lacerations, particularly in jobs involving tools or machinery.
- Respiratory Illnesses caused by exposure to harmful chemicals or substances in the workplace.
If you’ve experienced one of these injuries, a lawyer can help ensure you receive the full workers’ compensation benefits you’re entitled to, especially if there are complications in proving your claim.
How Are Workers’ Compensation Benefits Calculated in White Plains?
Workers’ compensation benefits in White Plains are calculated based on two-thirds of your average weekly wage, up to a state-mandated maximum. The exact amount depends on your pre-injury earnings and the severity of your injury or disability. A lawyer can help ensure your benefits are accurately calculated and you receive the full amount you’re entitled to.
How Long Does It Take to Get Workers’ Compensation Benefits in White Plains?
In White Plains, workers’ compensation benefits typically begin within a few weeks after your claim is approved, but delays can occur if there are disputes or missing documentation. The process can take longer if the claim is contested or needs to go through hearings. Consulting a lawyer can help expedite the process and avoid unnecessary delays.
Can I Still Receive Workers’ Compensation If I Was at Fault?
Yes, workers’ compensation in New York is a no-fault system, which means you can still receive benefits even if you were at fault for the injury. As long as the injury occurred while performing your job duties, fault does not impact your eligibility. A lawyer can help guide you if fault becomes a concern.
What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer doesn’t have workers’ compensation insurance, you can file a claim with the New York Uninsured Employers Fund (UEF), which provides benefits to workers in this situation. You should also report your employer to the Workers’ Compensation Board, as they may face penalties. A lawyer can help you file your claim and pursue other options for compensation.
What Are My Rights if I Was Injured at a White Plains Construction Site?
Construction sites can be hazardous, and if you’re injured on one, you have specific rights under workers’ compensation laws. Additionally, depending on the circumstances, you may be able to seek compensation from other responsible parties. Your rights if you’re injured at a construction site include:
- Workers’ Compensation Benefits, which cover medical bills and lost wages.
- The Right To File A Third-party Claim if a contractor, equipment manufacturer, or other entity caused or contributed to your injury.
- The Right To Protection From Employer Retaliation, such as being fired or demoted for filing a claim.
A lawyer can help you explore all possible sources of compensation and protect your rights throughout the claims process, ensuring you receive fair treatment.
How Does White Plains Workers’ Compensation Handle Recurring Injuries?
White Plains workers’ compensation covers recurring or aggravated injuries if they are caused or worsened by your job duties. These injuries are treated the same as new injuries, meaning you can still receive benefits for medical care and lost wages. It’s important to show that your work contributed to worsening the condition, which often requires thorough medical documentation. Common recurring injuries covered by workers’ compensation include:
- Back Injuries from heavy lifting or repetitive motions.
- Carpal Tunnel Syndrome caused by repetitive hand or wrist movements.
- Joint Injuries, such as knee or shoulder problems, aggravated by physical tasks.
- Neck Injuries from poor posture or repetitive strain.
- Respiratory Conditions worsened by exposure to harmful substances at work.
A lawyer can help ensure you have the necessary medical evidence to prove your case and receive the benefits you need for recurring injuries.
Can I Use My Regular Doctor for a Workers’ Compensation Claim in White Plains?
In White Plains, you can only use your regular doctor for a workers’ compensation claim if they are authorized by the New York Workers’ Compensation Board. If your doctor is not authorized, you must choose a doctor from the approved list for treatment related to your claim. A lawyer can help guide you through the process of finding the right medical provider to ensure your benefits are not jeopardized.
What Should I Do if My Workers’ Compensation Claim is Disputed?
If your workers’ compensation claim is disputed, the first step is to gather additional evidence, such as medical records, accident reports, and witness statements, to support your claim. You can request a hearing with the New York Workers’ Compensation Board to have a judge review your case. A lawyer can represent you during the dispute process, helping to strengthen your case and improve your chances of receiving the benefits you deserve.
What Should I Know About Settling a Workers’ Compensation Claim?
Settling a workers’ compensation claim can provide a lump-sum payment, but it’s important to understand the long-term implications before agreeing to a settlement. Things to consider before settling your claim:
- Type Of Settlement, such as a Section 32 agreement, which may waive your rights to future benefits.
- Amount Of Compensation, ensuring that the settlement adequately covers all current and future medical expenses and lost wages.
- Permanent Disability Status, which can impact the size of the settlement.
A lawyer can review your settlement offer and negotiate on your behalf, ensuring you don’t settle for less than your case is worth.
Can I Return to Work While Receiving Workers’ Compensation Benefits?
You can return to work while receiving workers’ compensation benefits if your doctor approves you for light-duty or modified work. However, the work you do must align with the restrictions set by your medical provider. Returning to work may affect the type and amount of benefits you receive, so it’s important to ensure that everything is properly documented. A lawyer can help you navigate this process to avoid any complications with your benefits.
Will My Benefits Be Impacted if I Return to Work Part-Time?
If you return to work part-time while receiving workers’ compensation benefits, your wage replacement benefits may be reduced based on your earnings. In New York, you can still receive partial benefits if you earn less than before the injury. A lawyer can help ensure your benefits are accurately adjusted and you continue receiving the compensation you’re entitled to.
Are There Situations Where I Could Sue My Employer for a Work Injury?
In most cases, workers’ compensation is the exclusive remedy for workplace injuries, meaning you cannot sue your employer. However, there are exceptions. You may be able to sue your employer if:
- Your Employer Was Significantly Negligent. Negligence can involve failing to take necessary actions – like not providing proper safety equipment – or actively doing something harmful – like violating safety protocols. Both types of negligence can lead to workplace injuries, but if your employer intentionally caused the injury, it goes beyond ordinary negligence and may open the door for a lawsuit outside of workers’ compensation. A lawyer can help you determine the best course of action in such cases.
- Your Employer Does Not Have Workers’ Compensation Insurance, allowing you to pursue a civil lawsuit.
A lawyer can help evaluate your case, determine if you have grounds for a lawsuit, and guide you through the process.
What If My Employer Retaliates Against Me for Filing a Claim?
If your employer retaliates against you for filing a workers’ compensation claim, such as by firing, demoting, or harassing you, this is illegal under New York law. You have the right to file a complaint with the New York Workers’ Compensation Board or the Department of Labor to address the retaliation. You may also have grounds for a separate lawsuit against your employer for wrongful termination or discrimination. A lawyer can help protect your rights and guide you through the process of taking legal action if retaliation occurs.
What Happens If My Loved One Died in a Workplace Accident in White Plains?
Losing a loved one in a workplace accident is devastating, but workers’ compensation provides death benefits to help surviving family members cope with financial loss. If your loved one died in a workplace accident, you may be entitled to:
- Death Benefits, which cover funeral expenses and a portion of the deceased’s wages.
- Ongoing Support for dependents, such as a spouse or children, to help replace lost income.
- Additional Compensation, if a third party was involved in the accident, through a wrongful death lawsuit.
A lawyer can assist you in filing for death benefits and exploring all available compensation options to ensure your family is protected during this difficult time.
What Should I Look For When Hiring a White Plains Workers’ Compensation Lawyer?
Choosing the right lawyer can be key to the success of your workers’ compensation claim. The right legal representation can make a significant difference in how smoothly your case is handled and the compensation you receive. When hiring a White Plains workers’ compensation lawyer, look for:
- Experience In Workers’ Compensation Law, specifically handling cases in New York.
- A Track Record Of Successful Outcomes, including settlements and disputed claims.
- Clear Communication And Accessibility, ensuring you are informed and supported throughout your case.
Hiring a lawyer who meets these criteria can help ensure you get the benefits and compensation you deserve, making the process easier and less stressful.
Our White Plains Office
1 North Broadway
Suite 802
White Plains, NY 10601
914-328-8500
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