Albany Workers’ Compensation Lawyer
Hurt At Work in Albany? Contact A Workers’ Compensation Lawyer Who Delivers Results
The experienced Albany workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP know how the legal system works in New York. That’s why we have such a strong track record of success. In case after case, we consistently obtain sizable settlements and verdicts for injury victims and their families. For more than 90 years, our dedicated legal team has been fighting for the rights of injured workers in Albany and throughout New York State. That’s why we’re eager to meet with you.
Our law firm handles a wide range of workplace injury cases in the Albany area. Some of the most common cases we handle involve:
Each one of these cases presents its own unique legal challenges. Sometimes, such injuries involve representing union workers injured on the job. Other times, we may need to file a third-party workplace accident lawsuit if your injury involved the reckless or negligent behavior of someone working for another company at the same job site. That’s why it’s important to contact us as soon as possible and schedule your free case evaluation at our Albany office or wherever’s convenient for you. We have offices throughout the State of New York to serve all your legal needs.
FAQs About Albany Workers’ Compensation Claims
- What Is Workers’ Compensation And Who Is Eligible for It in Albany, NY?
- What Are the Most Common Workplace Injuries in Albany, NY?
- What Should I Do Immediately After a Workplace Injury in Albany?
- How Long Do I Have to Report a Workplace Injury in Albany, NY?
- How Can I Get a Free Consultation With A Workers’ Compensation Lawyer?
- How Are Workers’ Compensation Benefits Calculated?
- What Can I Do If My Workers’ Compensation Claim Is Denied?
- What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?
- Can I Receive Workers’ Compensation in Albany If I Had a Pre-Existing Condition?
- What Happens If My Loved One Died in a Workplace Accident?
- How Long Does It Take to Get Workers’ Compensation Benefits?
- Can I Continue Working While Receiving Workers’ Compensation?
- What Happens If I’m Partially At Fault For My Work Injury?
- What Are the Benefits of Hiring A Workers’ Compensation Lawyer?
What Is Workers’ Compensation And Who Is Eligible for It in Albany, NY?
Workers’ compensation is a type of insurance that provides benefits to employees who get injured or sick because of their jobs. In Albany, this applies to workers across many industries—whether you’re in healthcare, education, government, manufacturing, or working in an office setting. It’s not just for those in physically demanding jobs; workers’ compensation is available to anyone injured or made ill by their work.
New York’s workers’ compensation system has some unique components that make it slightly more worker-friendly than some other states. Here are a few key differences:
- Coverage Requirements. In New York, almost all employers are required to provide workers’ compensation coverage, even for part-time, temporary, or seasonal workers. This is more stringent than in some states where smaller businesses or certain job types may be exempt.
- Choice of Doctor. Injured workers in New York must choose a healthcare provider that is authorized by the New York Workers’ Compensation Board. In some states, employees can choose any doctor or are required to use one provided by their employer’s insurance company.
- No-Fault System. Like many states, New York operates under a no-fault system for workers’ compensation. However, what’s unique in New York is the extent to which this system ensures that workers can receive benefits regardless of who caused the injury, as long as it happened in the course of employment.
- Schedule Loss of Use (SLU) Awards. New York offers additional compensation for workers who suffer permanent loss of use of a body part, even if they can return to work. This includes loss of function in arms, legs, fingers, vision, or hearing. Not all states provide these types of specific awards.
Workers’ compensation is for everyone in Albany who experiences a work-related injury or illness, whether you’re in a factory, a hospital, a school, or an office. If it happens on the job, these benefits are designed to help.
What Are the Most Common Workplace Injuries in Albany, NY?
Workplace accidents in Albany happen frequently and leave workers seriously hurt. Common types of injuries suffered on the job include:
- Broken Bones. Workers fall from elevated areas such as scaffolding or ladders or slip and fall on wet or uneven surfaces.
- Lifting Injuries. Many workers suffer back and leg injuries from heavy lifting at their workplace.
- Crush Injuries. Workers in industries involving heavy machinery, construction sites, or manufacturing plants can get body parts caught in moving machinery parts or objects, resulting in severe fractures, amputations, or internal injuries.
- Electrical Injuries. Contact with live electricity can result in burns, cardiac issues, nerve damage, and other serious injuries.
- Eye Injuries. Flying debris, chemicals, or bright lights can cause eye injuries ranging from minor irritations to severe damage, including vision loss.
- Traumatic Brain Injuries (TBIs). Falls, being struck by objects, or vehicle-related accidents can result in head injuries that lead to concussions, brain swelling, or long-term cognitive impairment.
- Spinal Cord Injuries. Severe falls, vehicle accidents, or being struck by heavy objects can result in spinal cord damage, potentially leading to partial or full paralysis.
- Chemical Burns and Toxic Exposure. Workers in chemical plants or manufacturing may suffer burns or long-term illnesses due to exposure to hazardous substances, which can lead to conditions such as lung damage, respiratory illnesses, or occupational cancers.
- Amputations. Workers in industries like manufacturing or construction can suffer severe injuries that require the removal of a limb after getting caught in heavy machinery or being crushed by falling objects.
- Hearing Loss. Prolonged exposure to loud machinery, explosions, or other industrial noises can lead to permanent hearing loss or other auditory damage.
The severity and specific types of injuries can vary depending on the nature of the work, the industry, and the circumstances surrounding the accident. But if you were hurt on the job, you deserve workers’ compensation benefits, and an attorney can help you fight for them.
What Should I Do Immediately After a Workplace Injury in Albany?
If you’ve been injured on the job in Albany, it’s important to act quickly to protect your rights. Here’s what you should do:
- Seek Immediate Medical Attention. If you’re seriously hurt, get immediate medical care by calling 911 or going to the nearest ER. If your injury developed over time – such as repetitive strain or occupational illness – see an authorized workers’ compensation doctor as soon as you suspect it’s work-related.
- Notify Your Employer. You must inform your employer in writing within 30 days of the injury or when you realize the condition is work-related.
- Consult an Albany Workers’ Compensation Lawyer. Before filing for workers’ compensation benefits, it’s in your best interest to consult a workers’ compensation attorney who knows how to fight for injured workers in Albany. Many claims are denied due to mistakes or lack of proper documentation. A lawyer can guide you through the process, ensuring your claim is filed correctly and supported with strong evidence.
- File Form C-3 – With Legal Help. With the assistance of your lawyer, file Form C-3 (Employee Claim Form) with the New York Workers’ Compensation Board as soon as possible. Though you have two years, filing quickly improves your chances of avoiding delays. Thousands of initial claims for benefits are denied in New York every year. By consulting a lawyer before filing your claim, you can improve your chances of success and focus on your recovery while they handle the legal details. Our experienced workers’ compensation attorneys can fight for you. We can investigate your accident to get the facts and build a strong case for benefits. We know what it takes to get results.
How Long Do I Have to Report a Workplace Injury in Albany, NY?
In Albany, NY, you must report a workplace injury to your employer within 30 days of the incident or when you became aware of the injury. Although you have up to 30 days, it’s best to report it immediately to avoid complications. Additionally, you have 2 years from the date of injury to file a formal claim with the New York State Workers’ Compensation Board. Meeting these deadlines is critical to securing your benefits.
How Can I Get a Free Consultation With A Workers’ Compensation Lawyer?
To get a free consultation with an Albany workers’ compensation lawyer, simply contact Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. A member of our team can discuss your case, answer your questions, and evaluate your eligibility for benefits. We can guide you on the next steps and provide personalized information — all without any obligation or upfront costs.
How Are Workers’ Compensation Benefits Calculated?
There are primarily two types of benefits in an Albany workers’ comp claim – medical and wage replacement.
- Wage Replacement. In New York, workers’ compensation typically pays two-thirds of an injured worker’s average weekly wage, up to a maximum amount that changes annually based on the state’s average weekly wage (AWW). The benefits are also dependent on the severity and type of injury, classified into categories such as temporary total disability, temporary partial disability, permanent total disability, or permanent partial disability. Your specific benefit amount will vary based on the extent to which the injury impacts your ability to work.
- Medical Expenses. Workers’ compensation medical benefits cover all medical expenses, including doctor visits, hospital stays, physical therapy, medication, and any approved treatments related to the work injury. These medical benefits are paid directly by workers’ compensation insurance without any out-of-pocket costs to the injured worker.
What Can I Do If My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, you may still have options to pursue benefits:
- Appeal. You can file an appeal with the New York State Workers’ Compensation Board. This involves requesting a hearing where a judge will review your case and the reasons for the denial. You may need to provide additional evidence, such as medical records or witness statements, to support your claim.
- Reconsideration. Another option is to seek a reconsideration of your claim, especially if there were errors or missing information in the initial filing. Sometimes, claims are denied due to incomplete documentation, and correcting these issues can lead to approval.
It’s highly recommended to consult with an experienced workers’ compensation attorney throughout this process. A lawyer can guide you through the appeals process, gather necessary evidence, and represent you at hearings to strengthen your case and improve your chances of securing the benefits you deserve.
What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer doesn’t have workers’ compensation insurance, you may still have options for obtaining benefits. While New York law mandates that all employers provide workers’ compensation coverage, some fail to meet this requirement. In such cases, you can file a claim with the New York State Uninsured Employers Fund (UEF), which offers benefits to workers whose employers lack insurance.
Given the complexity of uninsured claims, consulting a skilled workers’ compensation attorney is essential. An attorney can guide you through the process, handle the paperwork, and ensure you receive the full benefits you’re entitled to through the UEF.
Can I Receive Workers’ Compensation in Albany If I Had a Pre-Existing Condition?
You can still receive workers’ compensation even if you have a pre-existing condition. Under New York workers’ compensation laws, you are entitled to benefits if your work injury aggravated or worsened a pre-existing condition. It doesn’t matter if the condition existed before your work-related accident — what matters is whether the work injury made it worse.
For example, if you had a pre-existing back injury and your job duties caused further damage or pain, you could still be eligible for compensation. Insurance companies may try to argue that your injury is due to a pre-existing condition rather than a work accident, which is why having an experienced workers’ compensation attorney is crucial. A lawyer can help gather medical evidence and build a strong case to ensure you receive the benefits you deserve for your injury.
What Happens If My Loved One Died in a Workplace Accident?
In the event of a work-related death, New York workers’ compensation provides death benefits to the worker’s spouse, minor children, or other dependents. These benefits are calculated based on the deceased worker’s average weekly wage and can continue for a surviving spouse for life unless they remarry. Not all states offer lifetime benefits to surviving spouses.
How Long Does It Take to Get Workers’ Compensation Benefits?
The timeline for receiving workers’ compensation benefits varies depending on the specifics of your case. Generally, after you report your injury and file a claim, your employer’s insurance company has up to 18 days to begin paying benefits if your claim is accepted. If there are any disputes or delays, it may take longer, especially if your case requires hearings before the New York State Workers’ Compensation Board. If your claim is denied, the appeals process can extend the timeline, but working with an experienced workers’ compensation attorney can help speed things up and ensure timely payments.
Can I Continue Working While Receiving Workers’ Compensation?
You can continue working while receiving workers’ compensation, but only under certain conditions. If your injury allows you to perform light-duty or modified work that meets your doctor’s restrictions, you may be able to return to work. However, if your wages are reduced due to your inability to perform your previous job duties, you may still be eligible for partial wage replacement benefits. Types of benefits that may be available include:
- Temporary Total Disability (TTD). If your injury prevents you from working entirely for a temporary period, you may be eligible for temporary total disability benefits. These benefits replace a portion of your lost wages while you are unable to work.
- Temporary Partial Disability (TPD). If you can return to work with reduced hours or modified duties and earn less than before, temporary partial disability benefits can make up for a portion of your lost wages.
- Permanent Total Disability (PTD). If your injury permanently prevents you from returning to any type of work, you may qualify for permanent total disability benefits, which provide ongoing compensation.
- Permanent Partial Disability (PPD). If you suffer a permanent injury but can still work in some capacity, you may receive permanent partial disability benefits. These benefits compensate you for the lasting effects of your injury, even if you return to work.
It’s important to follow your doctor’s guidance and not return to work until you are medically cleared, as this could impact your benefits and recovery.
What Happens If I’m Partially At Fault For My Work Injury?
Workers’ compensation is a no-fault system, which means you can still receive benefits even if you were partially at fault for your injury. This means that even if your own actions contributed to the accident, you are still entitled to benefits, including medical coverage and wage replacement. However, if your injury was the result of intentional misconduct or reckless behavior, your benefits may be affected. An attorney can help clarify your eligibility in these cases.
What Are the Benefits of Hiring A Workers’ Compensation Lawyer?
Hiring an experienced workers’ compensation lawyer can significantly improve your chances of receiving full and fair benefits after a workplace injury. Here are the key benefits of working with a lawyer and why each is important:
- Maximize Your Compensation. A lawyer will assess all possible sources of compensation, ensuring you don’t miss out on benefits you’re entitled to, such as medical expenses, lost wages, disability benefits, and rehabilitation costs. Without legal help, injured workers may overlook certain benefits, reducing their overall recovery.
- Handle Complex Paperwork and Gather Evidence. Filing a workers’ compensation claim involves completing extensive paperwork, which must be accurate and submitted on time. A lawyer will handle the documentation, reducing the risk of errors that could delay or deny your claim.
- Negotiate with Insurance Companies. Insurance companies often try to minimize payouts. A workers’ compensation attorney can negotiate on your behalf, pushing back against lowball settlement offers and ensuring the insurance company treats you fairly.
- Appeal Denied Claims. If your claim is denied, a lawyer can help you appeal the decision by gathering additional evidence, presenting your case before the Workers’ Compensation Board, and increasing your chances of winning benefits through the appeals process.
- Prove the Extent of Your Injuries. Insurance companies may downplay the severity of your injuries. A lawyer can work with medical experts to fully document your condition, ensuring that all medical treatments, future care, and disability needs are covered.
- Protect Your Job and Rights. A workers’ compensation lawyer understands your legal rights and can protect you from employer retaliation. If your employer tries to fire or punish you for filing a claim, an attorney can take legal action on your behalf.
- Save Time and Reduce Stress. Navigating the workers’ compensation process can be time-consuming and overwhelming. A lawyer will manage every aspect of your case, allowing you to focus on your recovery without the added stress of dealing with legal and insurance matters.
Hiring an attorney helps ensure that your case is handled professionally, increasing the likelihood of receiving the full benefits you deserve.
Our Albany Lawyers Understand How The Workers’ Compensation System Works
Don’t underestimate the complexity of your workplace injury accident. If you were hurt at work, there’s no guarantee that you will automatically receive the compensation you rightfully deserve for your injury. Your employer might question whether you were really hurt at work. The insurance company or employer-appointed doctor might also raise doubts. That’s why it’s critical that you have someone on your side, standing up for your rights. We can help you every step of the way. And if necessary, we’re prepared to take your case to Albany County court or whoever has jurisdiction over your case. We leave no stone unturned in pursuit of justice.
Contact An Albany Workers’ Comp Attorney At Our Firm Today
Albany
120 State Street
Albany, NY 12207
518-641-1584
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Directions:
By Car: Take Exit 3 on Interstate 787 for US Route 9 South, US Route 20 East toward Rensselaer/Empire Plaza. Keep right and follow the signs for Empire Plaza. Merge onto South Mall Arterial. Turn right onto South Swan Street. Turn right onto State Street. Turn left onto Eagle Street. Turn right onto State Street. The office is on your right.
By Train or Bus: (From the Albany, Rensselaer train station) Head south towards East Street. Turn left onto East Street. At East Street and Herrick Street, take the 114 West bus four stops to Broadway and State Street. Head south on Broadway toward State Street. Turn right on State Street. Turn left on South Pearl Street. Turn right on State Street. The destination will be on your left.