Brooklyn Workers Compensation Lawyer
Hurt at Work in Brooklyn? Call a Tough Workers Compensation Lawyer To Fight For Your Rights!
For over 90 years, we’ve been fighting for the rights of job injury victims who are unable to work or have pain and limited mobility because of job injuries and illnesses. These may include catastrophic construction site injuries, such as forklift and crane accident injuries, or hospital worker injuries, repetitive stress syndrome and job-related heart attacks. We also handle civil service disability pension claims for New York state, city and municipal employees, and we represent union members who were injured at work.
Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP is comprised of seasoned, trusted workers compensation attorneys in Brooklyn who work hard for every cent of workers compensation payments that our clients deserve. If you were injured in a workplace accident or have one of the many long-term workplace illnesses or occupational diseases that New Yorkers can get, including mesothelioma from exposure to asbestos, tunnel digger silicosis, workplace cancer or work-related back injury, we will help get you back on track, financially, physically and emotionally. In nearly every workers comp case, the first low-ball offer clients are pressured by insurance adjusters to accept is much lower than the number they’ll eventually reach, in order to avoid having to face us in court.
“For a first time experience with this law firm I will have to say everyone is very professional and very diligent in their work. They are also very patient and will fight hard for what you deserve no matter the case. Thank you guys again. I highly recommend Pasternak to anyone who needs justice on their side.” – Tee M.
FAQs About Brooklyn Workers’ Compensation
- Overview of Workers’ Compensation in Brooklyn
- Common Workplace Injuries and Illnesses in Brooklyn
- How To File A Workers’ Compensation Claim in Brooklyn
- Is Filing a Workers’ Compensation Claim the Same as Suing My Employer?
- Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
- Can I Still Get Workers’ Compensation With a Pre-Existing Condition?
- How Long Do I Have To File a Workers’ Compensation Claim in Brooklyn?
- Can I Choose My Own Doctor for Workers’ Compensation Treatment?
- Can I Get Both Workers’ Compensation and Social Security Disability?
- Can I Collect Workers’ Compensation Benefits and Retirement at the Same Time?
- Benefits of Hiring a Brooklyn Workers’ Compensation Attorney
Overview of Workers’ Compensation in Brooklyn
Workers’ compensation is a state-mandated insurance program that provides critical financial and medical support to employees who are injured or become ill as a result of their jobs. It serves as a safety net for workers, ensuring they don’t bear the full financial burden of a workplace injury.
In Brooklyn, as in the rest of New York, the New York Workers’ Compensation Law ensures employees are entitled to specific benefits to help them recover physically, financially, and emotionally from work-related injuries or illnesses.
Under New York law, injured workers in Brooklyn are entitled to:
Medical Treatment for Workplace Injuries
If you are injured on the job in Brooklyn, your employer’s workers’ compensation insurance must cover all necessary and reasonable medical care. This includes everything from emergency room visits and surgeries to follow-up treatments, physical therapy, and prescription medications. In Brooklyn, workers often face injuries related to high-risk jobs in industries like construction, transportation, and healthcare, making access to quality medical care essential for recovery.
Wage Replacement for Time Missed Due to Injuries
Workers ‘ compensation provides wage replacement benefits when an injury prevents you from working. These benefits are typically two-thirds of your average weekly wage, up to a maximum amount set by the state. For many Brooklyn workers, this provides essential income while they recover from injuries. It ensures that your financial stability isn’t jeopardized just because you are temporarily unable to work.
Permanent Disability Benefits If You Are Permanently Unable to Return to Work
In cases where an injury leaves a worker permanently disabled and unable to return to their previous job, workers’ compensation offers permanent disability benefits. These benefits provide long-term financial support and are calculated based on the severity of the disability and the worker’s ability to earn wages in the future. This ensures that workers who suffer debilitating injuries are not left without income or resources to support themselves.
Death Benefits to Surviving Family Members
If a work-related injury or illness results in death, the worker’s surviving family members—typically the spouse, children, or other dependents—are eligible for death benefits. These benefits include payment for funeral and burial expenses, as well as weekly cash benefits to help support the family in the absence of the deceased worker’s income. In Brooklyn and throughout New York, death benefits provide crucial financial support to families in an already difficult time.
Common Workplace Injuries and Illnesses in Brooklyn
Brooklyn’s workforce spans various industries, each with its unique risks. From construction sites to healthcare facilities, workers across Brooklyn often face hazardous conditions that can lead to serious injuries or illnesses.
If you’ve been hurt at work in Brooklyn, it’s important to seek immediate medical attention. Many injured workers are treated at local facilities like NYU Langone Hospital—Brooklyn, The Brooklyn Hospital Center, or The Kings County Hospital Center, but regardless of where you go, getting checked out promptly helps ensure that your injuries are properly documented and treated. This not only protects your health but also strengthens your workers’ compensation claim by creating a clear medical record from the start.
Below are some common injuries and conditions that workers encounter:
Fractures and Head Injuries from Falls
Falls are one of the most common workplace hazards, especially on construction sites where high-rise buildings are prevalent. Workers who fall from scaffolding, ladders, or other heights can suffer serious injuries such as broken bones, concussions, or traumatic brain injuries (TBIs). These types of injuries often require extensive medical care and recovery time, impacting workers’ ability to return to their jobs.
Repetitive Stress Injuries (RSIs)
Employees who perform repetitive tasks for long hours, such as typing, lifting, or using machinery, frequently develop repetitive stress injuries. Office workers may experience conditions like carpal tunnel syndrome due to constant computer use, while warehouse employees handling heavy items often suffer from tendinitis or back strain from repeated motions. Over time, these injuries can become chronic, limiting the worker’s ability to perform job duties effectively.
Respiratory Illnesses from Toxic Exposure
Certain industries, including construction, manufacturing, and shipbuilding, expose workers to harmful chemicals, dust, and asbestos. These exposures can result in respiratory illnesses such as asthma, silicosis, or mesothelioma. Workers in older buildings undergoing renovations are particularly at risk of exposure to hazardous materials, leading to long-term health complications.
Back and Neck Injuries from Lifting
Many workers in retail, logistics, and other physically demanding industries suffer from back and neck injuries caused by lifting heavy boxes or equipment. Improper lifting techniques or accidents while handling heavy loads can lead to herniated discs, chronic back pain, or even permanent disabilities. These injuries often require physical therapy or surgery, keeping workers off the job for extended periods.
Injuries from Workplace Violence
Workplace violence is a growing concern, particularly in the healthcare and service industries. Assaults by patients, customers, or passengers can result in serious physical injuries, as well as emotional trauma. Workers facing these conditions may require not only medical treatment but also counseling to address the psychological effects of workplace violence.
Slip and Fall Injuries
Slips, trips, and falls are frequent across various industries, particularly in retail and food service environments. Workers are often injured by wet floors, uneven surfaces, or cluttered walkways, leading to sprains, fractures, or even head injuries. These accidents are preventable with proper safety protocols, but they continue to be a leading cause of workplace injuries.
How To File A Workers’ Compensation Claim in Brooklyn
Filing a workers’ compensation claim can seem overwhelming, especially when you’re dealing with the physical and emotional toll of a workplace injury. Understanding the steps involved is key to ensuring you receive the benefits you deserve. In Brooklyn, the process follows New York State workers’ compensation laws, which outline specific timelines and requirements.
- Report Your Injury to Your Employer
The first step in the workers’ compensation process is notifying your employer about your injury or illness. You must report the injury as soon as possible, but no later than 30 days from the date of the incident. Failing to report within this timeframe can jeopardize your ability to file a claim. Be sure to provide a written notice that includes the date, time, and nature of your injury.
- Tip: Even if your injury seems minor at first, report it immediately. Some injuries, like back pain or repetitive stress injuries, worsen over time, and early documentation helps your case.
- Seek Medical Treatment
To support your claim, you need a detailed medical evaluation. Seek treatment from a healthcare provider authorized by the New York State Workers’ Compensation Board. Make sure to inform the doctor that your injury or illness is work-related. Your medical records will play a crucial role in determining the benefits you’re entitled to, so follow the recommended treatment plan closely.
- Tip: Keep copies of all medical records, bills, and reports. These documents will help strengthen your case and ensure you’re compensated for the full extent of your injury.
- File an Employee Claim (Form C-3)
You must file a Form C-3 (Employee Claim) with the New York Workers’ Compensation Board within two years of your injury or illness diagnosis. This form officially starts the claims process and must include detailed information about your injury, the circumstances of the accident, and your employer’s details. Filing this form as early as possible increases your chances of getting timely benefits.
- Tip: Be thorough and accurate when filling out Form C-3. Any inconsistencies or missing information can delay your claim or result in a denial.
- Respond to Any Requests from the Insurance Carrier
After you file your claim, your employer’s workers’ compensation insurance carrier will review the case. They may contact you for additional information or require you to undergo an independent medical exam. Respond promptly to all requests to avoid delays in processing your claim.
- Tip: It’s advisable to consult a Brooklyn workers’ compensation attorney at this stage, as insurers often look for reasons to minimize or deny claims. An attorney can guide you through these interactions and protect your rights.
- Appeal a Denied Claim, If Necessary
If your claim is denied, don’t panic. You have the right to appeal the decision through the New York Workers’ Compensation Board in Brooklyn. The appeal process includes hearings where both you and the insurance company present evidence. It’s strongly recommended to work with an attorney during an appeal, as they can help build a stronger case and represent your interests during hearings.
- Tip: The appeal process can be complex and time-consuming, but with proper legal representation, you can often secure the benefits you’re entitled to under New York law.
- Receive Benefits
If your claim is approved, you will begin receiving benefits. This may include coverage for medical treatments, wage replacement for lost work time, and, potentially, disability benefits, depending on the severity of your injury.
- Tip: Keep track of all communications and payments from your employer’s insurance carrier. If there are any issues with delayed or incomplete payments, notify your attorney right away.
Filing a workers’ compensation claim requires attention to detail and understanding of the process. If you’ve been injured at work in Brooklyn, don’t navigate this alone—our experienced workers’ compensation attorneys can help you every step of the way to ensure you get the benefits you deserve.
Is Filing a Workers’ Compensation Claim the Same as Suing My Employer?
Filing a workers’ compensation claim is not the same as suing your employer. Workers’ compensation operates under a no-fault system, meaning employees can receive benefits without having to prove employer negligence. By filing a claim, you are seeking compensation through your employer’s insurance, not taking them to court.
In most cases, accepting workers’ compensation benefits means giving up the right to sue your employer, but this does not apply in cases involving intentional harm or gross negligence. In such instances, injured workers may be able to pursue a third-party claim to seek compensation for damages not covered under workers’ comp, such as pain and suffering.
Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
It is illegal for your employer to fire you simply for filing a workers’ compensation claim. Workers in New York are protected from retaliation, which means your employer cannot legally terminate, demote, or punish you for asserting your right to compensation.
If your employer fires you for other reasons, such as performance issues, that may be lawful, but you cannot be fired solely for filing a claim.
Can I Still Get Workers’ Compensation With a Pre-Existing Condition?
If your work aggravates or worsens a pre-existing condition, you are entitled to workers’ compensation benefits. The key is proving that the condition was made worse by your job duties.
For example, if you had a previous back injury but your current job causes increased pain or additional damage, you may be eligible for compensation that covers the new level of harm. Documenting your injury is crucial. Make sure your doctor clearly notes how your job has worsened the condition, as this will be essential for proving your case.
How Long Do I Have To File a Workers’ Compensation Claim in Brooklyn?
In Brooklyn, as part of New York State’s workers’ compensation system, you must report your injury to your employer within 30 days of the incident. After that, you have up to two years from the date of injury (or the date of illness diagnosis) to file a claim with the New York State Workers’ Compensation Board. Filing promptly is key to avoiding delays or complications with your benefits.
Can I Choose My Own Doctor for Workers’ Compensation Treatment?
In New York, injured workers must receive medical treatment from doctors authorized by the New York Workers’ Compensation Board. However, you can change doctors as long as the new doctor is also authorized. Make sure to inform your healthcare provider that the injury is work-related to ensure your treatment aligns with the workers’ comp system.
Can I Get Both Workers’ Compensation and Social Security Disability?
Yes, it’s possible to receive both workers’ compensation and Social Security Disability Insurance (SSDI), but there are limits. The combined amount of both benefits cannot exceed 80% of your pre-injury wages. If your total benefits surpass this amount, your SSDI payments may be reduced to meet the limit. This is known as the workers’ compensation offset.
Navigating these benefits can be tricky, and working with an attorney helps ensure that you maximize your compensation from both programs without encountering unnecessary reductions.
Can I Collect Workers’ Compensation Benefits and Retirement at the Same Time?
Yes, you can receive both workers’ compensation and retirement benefits in some situations, but the specifics depend on your retirement status and the nature of your injury. If you were injured while working and then retire, workers’ compensation can still cover your injury-related expenses. However, the type of retirement benefits you receive may influence how much you collect from workers’ compensation.
For example, if you retire due to disability, your workers’ compensation payments might be adjusted, depending on the terms of your retirement plan. That’s why it’s so important to consult with an attorney to fully understand how these benefits will interact.
Benefits of Hiring a Brooklyn Workers’ Compensation Attorney
While you’re not required to have legal representation, hiring an experienced Brooklyn workers’ compensation attorney can significantly improve your chances of receiving the full benefits you’re entitled to. Here’s how our team can make a difference in your case:
- File Your Claim Accurately and On Time
Filing a workers’ compensation claim involves a lot of paperwork and strict deadlines. Any mistakes or missed deadlines can delay or even result in the denial of your claim. An experienced attorney will ensure that your Form C-3 and other necessary documents are properly completed and submitted on time, giving you the best chance of a smooth claims process.
- Why it matters: Many claims are denied due to simple clerical errors or incomplete documentation. We take care of all the paperwork so you can focus on healing.
- Calculate the Full Value of Your Benefits
Determining the compensation you’re entitled to isn’t always straightforward. Workers’ compensation covers medical expenses, wage replacement, and potentially disability benefits, but calculating the total amount requires a detailed understanding of the law. Our attorneys will assess your injury, lost wages, and future medical needs to ensure you receive every dollar you deserve.
- Why it matters: Insurance companies often undervalue claims. We fight to make sure you’re fully compensated for both your immediate medical needs and any long-term impacts of your injury.
- Negotiate a Fair Settlement
Insurance companies are primarily focused on protecting their bottom line and may offer you a settlement far less than what you’re entitled to. A Brooklyn workers’ compensation lawyer can negotiate on your behalf, leveraging experience and legal knowledge to secure a fair settlement that covers your medical bills, lost wages, and other related expenses.
- Why it matters: Without an attorney, you could be pressured into accepting a lowball offer. We stand up to insurance companies to ensure you get a settlement that reflects the true value of your claim.
- Appeal a Denied Claim
If your claim is denied, all is not lost. Workers’ compensation claims can be denied for various reasons, such as incomplete paperwork, lack of evidence, or disputes over the injury’s severity. Our team can file an appeal and represent you in hearings before the New York Workers’ Compensation Board, presenting the necessary evidence to reverse the denial.
- Why it matters: An experienced attorney knows how to build a strong case for appeal and has a deep understanding of the legal procedures involved, increasing your chances of success.
- Represent Your Interests in Hearings
Should your case proceed to a formal hearing, having a skilled workers’ compensation attorney by your side can make all the difference. We will present your case to the workers’ compensation board or court, cross-examine witnesses, and ensure that all evidence is properly introduced to support your claim.
- Why it matters: Legal proceedings can be intimidating, but we take care of every aspect to ensure your case is effectively presented, giving you the best chance at a favorable outcome.
- Provide Peace of Mind While You Recover
Most importantly, hiring an attorney allows you to focus on your recovery without the added stress of handling legal matters. Workers’ compensation cases can be time-consuming and complicated, but with our team on your side, you’ll have peace of mind knowing that your case is in capable hands.
- Why it matters: Recovering from an injury is hard enough. Let us handle the legal process so you can focus on getting better.
Hiring an experienced workers’ compensation attorney gives you the best chance of receiving the full benefits you’re entitled to. Our Brooklyn workers’ compensation lawyers are dedicated to protecting your rights and securing the compensation you deserve.
Contact a Trusted Brooklyn Workers’ Compensation Lawyer Today
Don’t try to handle a Brooklyn workers’ compensation case alone. If you’ve been injured, let the experienced attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP help you get the compensation you deserve. Contact us today for a free case evaluation. You pay nothing unless we win your case.
“Let’s not kid ourselves, workers compensation cases have their ups and downs. This firm helped me with my case for 3 years. In the end, they were able to secure me a sizable settlement. While I hope to not be injured on the job again, I know if I do, I’ll request this firm to represent me.” – Joseph S.
Brooklyn
180 Livingston Street
Suite 2
Brooklyn, NY 11201
(718) 395-5056
4.7/5 stars, 464 reviews
Directions:
Livingston Street Office: Take Flatbush Avenue either direction to Livingston Street. (T intersection). Head west on Livingston Street toward Gallatin Place. Our office will be on your left.
Brooklyn
2053 Flatbush Ave
Floor 1
Brooklyn, NY 11234
718-222-9800
Directions:
Flatbush Ave Office: If coming from the north or south, take Flatbush Ave; if coming from the east or west, take Flatlands Ave to Flatbush Ave. Our office is on the northeast side of Flatbush Avenue between Troy Ave and Baughman Place.