Brentwood, NY Workers' Compensation Lawyer
Our experienced attorneys can protect your rights after a work injury
Work injuries are always unexpected. And too often, they have a lifelong impact. Our mission at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP is to help injured workers in Brentwood and throughout Long Island fight for the compensation they need. If you were hurt on the job in Brentwood or anywhere in Suffolk County, NY, get a workers' compensation attorney from our firm on your side.
It's totally understandable if you feel lost and overwhelmed after you're hurt on the job. That's why your first step after seeking medical attention should be to contact us. We've been helping injured New York workers for over 90 years. We have a strong track record of results—over 100,000 clients represented and billions recovered for clients on Long Island, New York City, and beyond.
“Very grateful for the help they gave me. It was very professional and always on point with what I need.” - Nery M.
FAQs About Workers’ Compensation in Brentwood
- Who Is Covered Under Workers' Compensation in Brentwood?
- What Are the Steps to Take After a Workplace Injury in Brentwood?
- What Types of Job-Related Injuries Are Common in Brentwood?
- When Should I Notify My Employer About My Injury in Brentwood?
- How Do I File a Workers' Compensation Claim in Brentwood?
- Can I Receive Workers' Compensation If I Have a Pre-Existing Condition?
- What Happens If My Employer Lacks Workers' Compensation Coverage?
- Can I Use My Regular Doctor for a Workers' Compensation Claim in Brentwood?
- What Should I Do if My Workers' Compensation Claim is Disputed?
- Is It Possible to Receive Both Workers' Compensation and Disability Benefits?
- What Are My Options if I Was Hurt at a Brentwood Construction Site?
- Are Stress-Related Conditions Covered by Workers' Compensation in Brentwood?
- How Does Workers' Compensation Handle Recurrent Injuries?
- How Are Lost Wages Calculated for Workers' Compensation in Brentwood?
- What Should I Know About Settling a Workers' Compensation Claim?
- Will My Benefits Be Impacted if I Return to Work Part-Time?
- 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?
- Does It Matter Who Was at Fault in My Workplace Accident?
Who Is Covered Under Workers' Compensation in Brentwood?
Workers' compensation in New York is a no-fault insurance system that provides benefits to employees who are injured or become ill due to their jobs. It covers medical expenses, lost wages, and, in some cases, rehabilitation services. New York law requires most employers to carry workers' compensation insurance, which means that workers are entitled to benefits regardless of who was at fault for the accident.
Most employees in Brentwood are covered under New York’s workers' compensation system. This includes full-time, part-time, temporary, and seasonal workers, as long as they are employed by a business that is required to carry workers' compensation insurance. Independent contractors and some specific types of workers, such as certain volunteers, may not be covered. If you’re unsure about your coverage, consulting a lawyer can help clarify your eligibility.
What Are the Steps to Take After a Workplace Injury in Brentwood?
If you’re injured on the job in New York, don’t just hope the pain will go away — taking immediate action is crucial to protect both your health and your potential workers' compensation claim. In Brentwood, common industries filing workers' compensation claims include construction, manufacturing, and healthcare, but no matter your industry, if you’re hurt at work, follow these steps to protect your health and your claim:
- Seek medical attention immediately to address your injury and document it as work-related. Make sure to see a doctor authorized by the New York Workers’ Compensation Board.
- Notify your employer about the injury within 30 days of the accident or as soon as possible.
- Consult a Brentwood workers' compensation lawyer to help guide you through the process, ensure your paperwork is accurate, and advocate for your rights if any issues arise.
- Complete a workers' compensation claim by filing NY Form C-3 with the state Workers' Compensation Board within two years of the injury.
What Types of Job-Related Injuries Are Common in Brentwood?
Common injuries in Brentwood vary depending on the industry. Construction workers often suffer from falls, machinery accidents, and being struck by objects. Manufacturing and healthcare workers may experience repetitive strain injuries, chemical exposure, or back injuries from lifting. Other common injuries include vehicle accidents, slip-and-falls, and work-related illnesses such as respiratory issues caused by long-term exposure to hazardous substances. In general, common injuries resulting in Brentwood workers’ comp claims include:
- Crushed limbs or amputations
- Repetitive strain injuries like carpal tunnel syndrome or tendinitis
- Severe back and spinal cord injuries from lifting or falls
- Burn injuries from fire, hot surfaces, or electrical accidents
- Traumatic brain injuries (TBI) from falls or being struck by objects
Work-related illnesses like mesothelioma or lung disease from long-term exposure to hazardous substances.
When Should I Notify My Employer About My Injury in Brentwood?
Report your injury to your employer as soon as it happens, even though New York law gives you up to 30 days. Don’t wait — acting quickly helps protect your claim, and notifying your employer in writing is best because it creates a clear record. Delaying can lead to complications with your workers' compensation benefits.
How Do I File a Workers' Compensation Claim in Brentwood?
Filing a workers’ compensation claim in Brentwood can be overwhelming and high-stakes, as a single mistake can delay or jeopardize your benefits. After you've sought medical attention, notified your employer, and contacted a lawyer, try these steps to file your claim effectively:
- Complete Form C-3 Accurately: This form details how your injury occurred. A lawyer can handle this for you, ensuring the form is thorough and precise in describing your accident, injury, and symptoms. Inaccurate or incomplete information can lead to a denial, but with a lawyer managing the process, you can avoid these costly mistakes.
- Submit Your Claim: Filing Form C-3 with the New York State Workers' Compensation Board is critical, and a lawyer can ensure it’s filed properly and as soon as possible. You must file within two years of the injury, but filing early prevents delays. Your lawyer can take care of the entire submission process for you.
- Include All Medical Documentation: Along with Form C-3, you’ll need to submit medical records from your authorized doctor that link your injury to your job. A lawyer will gather and organize all the necessary medical documentation, ensuring nothing is missing and that your claim is fully supported.
- Follow Up Regularly: Keeping track of your claim’s status and addressing any additional requests is critical, but a lawyer can handle all follow-up communication for you, ensuring your claim stays on track and that you meet every requirement.
Filing a workers' compensation claim is a complicated process with a lot riding on the outcome. Taking immediate, informed action and using a lawyer can significantly improve your chances of receiving the benefits you deserve.
Can I Receive Workers' Compensation If I Have a Pre-Existing Condition?
Yes, in New York, you can still receive workers’ compensation benefits if you have a pre-existing condition, as long as the work injury has aggravated or worsened that condition. It's essential to provide medical evidence showing that the workplace injury is responsible for worsening your pre-existing condition. A lawyer can help you collect convincing and important evidence and testimony from medical experts to justify your claim.
What Happens If My Employer Lacks Workers' Compensation Coverage?
If your employer doesn’t carry workers' compensation insurance, which they are generally required to do under New York law, you can still file a claim through the New York State Workers' Compensation Board’s Uninsured Employers Fund. However, certain employers are exempt from this requirement, including sole proprietors and business partners with no employees, as well as domestic workers employed in private homes and clergy members.
If your employer falls into one of these exempt categories or fails to carry insurance, you may also have the option to sue them directly for damages. Consulting a lawyer can help you navigate these complex situations, determine your best course of action, and protect your rights.
Can I Use My Regular Doctor for a Workers' Compensation Claim in Brentwood?
For initial medical treatment in New York, you are allowed to see any doctor or visit any emergency room right after your injury, even if they are not authorized by the Workers' Compensation Board. This is especially true in emergency situations where immediate care is needed. However, for any ongoing treatment, you must switch to a doctor authorized by the Workers' Compensation Board to have your medical bills covered under workers' compensation. While your regular doctor may not be authorized, you can switch to an approved provider. Consulting a lawyer can help ensure you follow the correct steps after the initial treatment to avoid any issues with your claim. A lawyer can help you identify an authorized doctor to ensure your medical bills are covered.
What Should I Do if My Workers' Compensation Claim is Disputed?
Each year, thousands of workers' compensation claims in New York are disputed or controverted, leading to delays or denials of benefits. A lawyer can help prepare your claim from the start, improving the likelihood of success by ensuring all evidence is properly submitted and deadlines are met. However, if your claim is still denied, you have the right to appeal the decision by requesting a hearing before the Workers' Compensation Board. Appeals can happen for various reasons, including the following grounds:
- Insufficient Medical Evidence: Disputes over whether the medical records or doctor's testimony support the injury's severity or work-related cause.
- Pre-Existing Conditions: Claims that the injury is due to a pre-existing condition rather than a work-related incident.
- Disputes Over Work-Relatedness: Disagreement about whether the injury or illness is directly related to the job.
- Missed Deadlines: Claims denied due to perceived delays in reporting the injury or filing the claim.
- Wage Discrepancies: Disputes over the calculation of wage replacement benefits.
- Denial of Necessary Medical Treatment: Denials based on disagreements about the type or amount of medical treatment being provided.
Appeals can happen multiple times, depending on the outcome at each stage. A lawyer is essential during this process, as they can gather additional evidence, present your case, and fight for your rights in hearings to maximize your chances of securing the benefits you deserve.
Is It Possible to Receive Both Workers' Compensation and Disability Benefits?
Yes, you may be eligible to receive both workers' compensation and Social Security Disability benefits. However, receiving both benefits may reduce the amount of Social Security Disability you receive. A lawyer can help you understand how these benefits interact and ensure you’re getting the maximum compensation possible.
What Are My Options if I Was Hurt at a Brentwood Construction Site?
If you were injured at a Brentwood construction site, you’ve got a few options for getting the compensation you need. Every case is different, so consulting an attorney is critical to get an idea of what your specific claim may be worth. Still, your most common options include:
- File a Workers' Compensation Claim: This will help cover your medical bills, wage replacement, and rehab if needed.
- File a Third-Party Lawsuit: If someone other than your employer (like a contractor or equipment maker) caused your injury, you might be able to sue them for more compensation, including pain and suffering.
- Consider a Personal Injury Lawsuit: If your injury was due to serious negligence or intentional harm, you could have a case for a personal injury lawsuit.
- Look Into Social Security Disability: If your injury is severe and keeps you from working long-term, you might also qualify for Social Security Disability benefits alongside workers' comp.
Talking to a lawyer can help you determine the best way to proceed and maximize your claim.
Are Stress-Related Conditions Covered by Workers' Compensation in Brentwood?
Yes, stress-related conditions can be covered by workers' compensation if they are directly linked to your job. For example, conditions like PTSD or work-induced anxiety disorders may qualify for benefits if you can prove they were caused by specific work events or environments. A lawyer can help build a strong case to support your claim.
How Does Workers' Compensation Handle Recurrent Injuries?
Workers' compensation covers recurrent injuries if your work aggravates or worsens a previous injury. It’s important to document how your job duties contributed to the recurrence of the injury. Medical evidence is essential to demonstrate the connection between your work and the worsening condition.
How Are Lost Wages Calculated for Workers' Compensation in Brentwood?
In Brentwood and throughout New York, workers' compensation benefits for lost wages are generally calculated as two-thirds of your average weekly wage (AWW), up to a maximum set by New York state law. The AWW is based on your earnings from the year prior to your injury, including overtime and other compensation. The specific amount you receive depends on your level of disability and the nature of your injury:
- Temporary Total Disability (TTD): If you are unable to work at all, you’ll receive two-thirds of your AWW, up to the state-set maximum.
- Temporary Partial Disability (TPD): If you can work reduced hours or perform light-duty tasks, you’ll receive two-thirds of the difference between your pre-injury AWW and your current earnings.
- Permanent Total Disability (PTD): For permanent injuries that prevent you from ever returning to work, you’ll receive two-thirds of your AWW, up to the maximum, for the rest of your life.
- Permanent Partial Disability (PPD): For permanent injuries that still allow some work, the benefits will be based on the extent of your disability and New York’s schedule of benefits for specific injuries.
A lawyer can help ensure your AWW and lost wages are calculated correctly, especially in cases where you have variable income, work multiple jobs, or if there are disputes about the extent of your disability.
What Should I Know About Settling a Workers' Compensation Claim?
Settling a workers' compensation claim can offer a lump-sum payout instead of receiving ongoing weekly benefits. This can be advantageous in certain situations but may not always be the best option. Here’s what you should consider:
- Has Your Injury Stabilized? If your injury has fully healed or reached a point where no further significant medical treatment is expected, a settlement might make sense because future medical expenses are predictable. If your injury or medical condition could worsen over time or require future surgeries or treatments, settling might not cover those unforeseen medical expenses.
- Do You Plan to Retire or Change Careers? If your injury prevents you from returning to your current job, and you’re considering retirement or switching careers, a settlement could help you transition more smoothly.
- Do You Depend on Ongoing Medical Care? If you’re still undergoing treatment or need long-term care, it may be risky to settle because you’ll give up the right to future medical benefits.
- Is There Potential for Permanent Disability? If there’s a chance your injury could result in permanent disability, it might be better to continue receiving weekly benefits to ensure a steady income.
- You’re Ready to Move On. If you want to avoid the hassle of ongoing claims, medical evaluations, and payments, settling can give you closure and allow you to move forward. However, if your future work capacity is uncertain, or you may need additional income replacement, settling early could leave you without sufficient support.
Once you accept a settlement, you typically give up your right to future benefits related to the injury, including medical coverage and wage replacement. By carefully assessing your current and future needs, a lawyer can help you evaluate whether a lump sum is truly in your best interest. They can also negotiate with the insurance company to ensure the settlement covers all your medical expenses, lost wages, and other costs.
Will My Benefits Be Impacted if I Return to Work Part-Time?
If you return to work part-time or in a modified-duty role, you may still receive NY workers’ compensation benefits. However, the benefits may be reduced since they are based on the difference between your previous earnings and your current wages.
Can I Sue for Additional Damages if My Employer Was Negligent?
Generally, workers' compensation is the exclusive remedy for work-related injuries, meaning you cannot sue your employer directly. However, there are some exceptions. If your employer's actions rise to the level of gross negligence or intentional harm, you may be able to file a lawsuit for additional damages. Examples of employer negligence that could potentially allow for a lawsuit include:
- Failure To Provide Safety Equipment: Not supplying hard hats or safety harnesses on construction sites or other types of properly fitting and adequately maintained Personal Protective Equipment (PPE)
- Knowingly Violating Safety Regulations: Ignoring OSHA standards
- Intentional Harm or Reckless Behavior: Physically assaulting an employee or forcing them to work in extremely unsafe conditions)
- Deliberately Concealing Workplace Hazards: Hiding dangerous chemical exposure
If a third party, such as a contractor or equipment manufacturer, contributed to your injury, you may file a third-party lawsuit for additional compensation beyond workers’ comp benefits, like for pain and suffering. Consulting with a lawyer can help you determine if your case qualifies for legal action outside the workers’ comp system.
What Legal Actions Can I Take if My Employer Retaliates for Filing a Claim?
It is illegal for your employer to retaliate against you for filing a workers' compensation claim. Retaliation can include firing, demotion, harassment, or cutting your hours. If you experience retaliation, you can file a complaint with the Workers' Compensation Board or pursue legal action. Contact an experienced Brentwood workers’ compensation lawyer for a free consultation to learn more about how to protect your rights and seek compensation for any retaliation you’ve experienced.
Does It Matter Who Was at Fault in My Workplace Accident?
No, New York workers' compensation is a no-fault system, meaning you can receive benefits regardless of who was responsible for the accident. As long as the injury occurred while you were performing work-related duties, you are entitled to workers' compensation benefits, even if the accident was partially or entirely your fault.
Get a trusted Brentwood attorney on your side
Remember, the system isn't on your side. The insurance company may dispute whether your injuries were work-related or whether certain treatments are "reasonable and necessary." We will be your advocates, fighting for the treatment you need and the compensation you deserve for your on-the-job injury. We can also help you file a third-party claim if another company's or individual's negligence caused your injury.
When you're hurt on the job, it's important to act fast. Get medical help, then talk to an experienced Brentwood workers' compensation lawyer who knows your legal rights. Schedule your free consultation today.
Our Brentwood Office
500 Express Dr S
#100
Brentwood, NY 11717
(631) 348-1668
4.8/5 stars, 468 reviews
Directions: Our office is located right off I-495 in Brentwood, NY. From I-495 W, take exit 53 and follow Long Island Expressway North Service Road for about 2 miles, then take a left onto Commack Road and another left onto South Service Road. Follow South Service Road for about a mile and a half. Our office will be on your right.