Clarkstown Workers’ Compensation Lawyers Fighting for Injured and Ill New York Workers
Workplace injuries and illnesses deserve full benefits and trusted legal representation
If you were injured or made ill on the job in Clarkstown, you’re entitled to workers’ compensation – plain and simple. It doesn’t matter whether you slipped on a wet floor in a Spring Valley warehouse, strained your back lifting on a construction site near Congers, or developed chronic pain from long shifts at a retail store off Route 59. In New York, workers’ comp is a no-fault system, which means you don’t have to prove anyone did anything wrong to qualify for benefits. If your job caused your injury or made your condition worse, you have a right to medical care, lost wage benefits, and more.
Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has been standing up for workers across New York for over 90 years – including here in Rockland County. We understand how overwhelming it is when your health, income, and stability are all on the line – and we know how to fight back when insurance companies delay or deny valid claims.
We also help families who lost a loved one to a fatal workplace accident or illness recover the death benefits they’re owed. If your injury was caused by a third party or you’re unable to return to work, we can help you explore additional compensation through a liability claim or Social Security Disability. No matter how it happened, if you were hurt at work, you’re covered. Contact us today for a free consultation – we’ll make it easier to get the full compensation you deserve.
FAQs About Clarkstown Workers’ Compensation Claims and Lawsuits
When you’re injured or made ill at work, having clear, accurate information from a trusted authority is essential – and that’s exactly what the team at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP provides in this FAQ.
- What should I do immediately after a work-related injury or illness in Clarkstown, NY?
- What types of work injuries and illnesses are covered by workers’ compensation in New York?
- Can I get workers’ compensation even if the injury was my fault while working in Clarkstown?
- How long do I have to report a work injury or file a workers’ compensation claim in New York?
- What benefits are available through New York workers’ compensation for injured Clarkstown workers?
- What rights do families have if a loved one died from a job-related injury or illness in Clarkstown?
- How can I tell if my workers’ compensation claim is being delayed, underpaid, or unfairly denied?
- What kinds of tactics do insurance companies use to avoid paying full workers’ comp benefits?
- How do I know if I also have a third-party claim in addition to workers’ compensation?
- Can I sue my employer for unsafe work conditions or negligence in Clarkstown?
- How is workers’ compensation different from Social Security Disability benefits?
- What if I was injured working outside of Clarkstown, such as in Yonkers or Westchester County?
- Do certain jobs or industries in Clarkstown have more serious work injury risks than others?
- How can a Clarkstown workers’ compensation lawyer help with my claim or appeal?
- How do I schedule a free consultation with a Clarkstown workers’ comp attorney, and what will it cover?
What should I do immediately after a work-related injury or illness in Clarkstown, NY?
Taking the right steps after a work injury can protect your health, your legal rights, and your financial future. Whether you slipped at a Clarkstown warehouse near Palisades Center or developed a respiratory illness working in manufacturing in nearby West Nyack, the following actions are essential:
- Report the injury or illness to your employer right away: This must be done within 30 days in New York.
- Seek medical treatment from an authorized provider: Use a doctor approved by the New York Workers’ Compensation Board.
- Document everything: Take notes, save communications, and photograph the scene or visible injuries.
- File Form C-3 with the Workers’ Compensation Board: This starts your claim and should be submitted as soon as possible.
- Avoid signing anything from the insurance company without legal review: Even small paperwork can limit your benefits.
These steps can form the foundation of your claim. An experienced workers’ comp attorney can help make sure nothing is missed and protect you from costly errors.
What types of work injuries and illnesses are covered by workers’ compensation in New York?
Workers’ compensation covers a wide range of physical and occupational conditions, not just dramatic or sudden accidents. In Clarkstown, where jobs in healthcare, education, logistics, and retail are common, injuries and illnesses often include:
- Acute physical injuries: Broken bones, head injuries, or lacerations from falls or machinery accidents.
- Repetitive stress injuries: Carpal tunnel syndrome, joint damage, and chronic back pain from repetitive motions.
- Occupational illnesses: Conditions caused by toxic exposure or long-term environmental hazards (e.g., respiratory issues, skin conditions).
- Mental health injuries: PTSD or stress-related conditions due to traumatic workplace events (requires strong documentation).
- Aggravation of preexisting conditions: If your work made an existing health issue worse, it may still be covered.
If you’re unsure whether your condition qualifies, speaking with a lawyer can clarify your rights, explore your options and help you move forward confidently with your life.
Can I get workers’ compensation even if the injury was my fault while working in Clarkstown?
Yes. New York’s workers’ compensation system is “no-fault,” which means you’re eligible for benefits regardless of who caused the accident. Whether you pulled a muscle while lifting inventory off a delivery truck near Route 59 or slipped on a wet floor at a warehouse near West Nyack, you can still file a workers’ comp claim. You do not need to prove negligence, but you do need to document your injury and report it promptly. A lawyer can help ensure your benefits aren’t unfairly reduced or denied.
How long do I have to report a work injury or file a workers’ compensation claim in New York?
You must report your injury to your employer within 30 days, but sooner is always better. After that, you have up to two years to file a formal claim with the New York Workers’ Compensation Board. If you were injured on the job – whether at a retail store near Palisades Center or during a shift at a local construction site – missing these deadlines could bar you from receiving benefits. An attorney can help you meet all legal timelines and file correctly from the start.
What benefits are available through New York workers’ compensation for injured Clarkstown workers?
Workers’ comp provides several core benefits, but many workers don’t realize just how much coverage they may be entitled to in New York. If you’ve been injured or made ill on the job in Clarkstown, these are the primary benefits you can expect to receive:
- Medical care: All necessary treatment related to the injury, fully covered by workers’ comp-approved providers.
- Lost wage replacement: Partial wage benefits if you’re unable to work or can only work reduced hours.
- Schedule Loss of Use (SLU) awards: One-time payments for permanent injuries to specific body parts (e.g., limbs, eyes).
- Vocational rehabilitation: Support for training or transitioning to a new role if you can’t return to your prior job.
- Mileage and transportation reimbursement: For travel to medical appointments.
These benefits can be life-changing when managed properly. A lawyer can make sure you receive everything you’re entitled to – without delays or denials.
What rights do families have if a loved one died from a job-related injury or illness in Clarkstown?
Losing a loved one to a workplace injury or occupational disease is devastating. That’s why the law does provide important legal protections and support for surviving families. In Clarkstown, eligible family members may be eligible to receive:
- Weekly cash benefits: Based on a percentage of the deceased worker’s average wages.
- Funeral and burial expenses: Up to a specified amount under New York law.
- Lump-sum settlements: May be negotiated in some situations to close out the claim.
- Continued benefits for dependents: Spouses and children may receive ongoing support depending on circumstances.
- Potential third-party claims: If someone other than the employer was at fault, families may pursue additional damages (legal term for compensation for financial losses) through a wrongful death lawsuit.
It’s a difficult process to face, but a compassionate attorney can guide your family through every step and help secure financial stability during a painful time.
How can I tell if my workers’ compensation claim is being delayed, underpaid, or unfairly denied?
Many valid workers’ comp claims are improperly handled by insurance companies, often leaving injured workers without the support they need. Warning signs that your claim may be at risk include:
- Delays in payment: You’re waiting weeks or months with no explanation or updates.
- Medical bills going unpaid: Even though you’re seeing an approved provider.
- Low or incomplete benefit checks: You’re receiving less than you should based on your wages and injury severity.
- Denials without explanation: Being told your condition “doesn’t qualify” without proper review.
- Pressured to return to work too soon: Despite medical advice or incomplete recovery.
These issues are frustrating and unfair – but they’re not the end of the road. A lawyer can quickly identify where things have gone wrong and fight to get your claim back on track.
What kinds of tactics do insurance companies use to avoid paying full workers’ comp benefits?
Insurance carriers are often more focused on minimizing payouts than supporting injured workers – and they have many ways of doing so. Common strategies used in New York and throughout Clarkstown include:
- Disputing the cause of injury: Claiming your injury didn’t happen at work or was due to a preexisting condition.
- Requesting “independent” medical exams (IMEs): From doctors who may downplay your condition to reduce benefits or force you back to work too soon.
- Delaying communication and approvals: Hoping you’ll give up or miss deadlines.
- Low settlement offers: Presented as your “best option” before your injury is fully evaluated.
- Challenging permanent disability ratings: To avoid paying long-term or SLU benefits.
With legal representation, you don’t have to accept these tactics. A lawyer can push back, hold insurers accountable, and help secure the full compensation you’re owed.
How do I know if I also have a third-party claim in addition to workers’ compensation?
While workers’ comp covers most job-related injuries, you may also have the right to file a separate claim if someone else’s negligence contributed to your injury. Examples of situations that may support a third-party claim include:
- Accidents involving subcontractors or vendors: Common on Clarkstown construction sites or shared facilities.
- Defective equipment or tools: Injuries caused by machinery or products not maintained or manufactured properly.
- Motor vehicle collisions while working: If you were driving for work and hit by another driver.
- Injuries on another company’s property: Like a delivery worker hurt on a hazardous loading dock.
These claims allow you to recover damages (compensation for financial losses) not available through workers’ comp – like pain and suffering. A lawyer can evaluate your case to determine if another party may be legally responsible. Keep in mind you can still receive workers’ comp even if you successfully file a third-party lawsuit. One type of claim does not cancel the other out.
Can I sue my employer for unsafe work conditions or negligence in Clarkstown?
Generally, workers’ compensation is your only remedy against your employer, even if they were negligent. However, if your employer intentionally harmed you or if a third party – like a contractor or equipment manufacturer – contributed to the unsafe conditions, you may have a separate lawsuit. For example, if a subcontractor left tools unsecured at a job site near Congers and you tripped, a third-party claim may apply. A lawyer can identify all liable parties and explore options beyond workers’ comp.
How is workers’ compensation different from Social Security Disability benefits?
While both systems offer support to people who can’t work due to injury or illness, they operate very differently. Understanding the distinction can help you access the full range of benefits you may qualify for:
- Workers’ comp is for job-related injuries: It covers medical costs and partial wage loss regardless of fault.
- SSD Is for total long-term disability: It covers people who can’t work at all due to a serious medical condition, regardless of how it happened.
- You can receive both: In some cases, workers may qualify for workers’ comp and SSD simultaneously, with adjustments.
- Different agencies handle each: Workers’ comp is a state system; SSD is federal through the Social Security Administration (SSA).
- SSD takes longer to process: Workers’ comp benefits may start sooner, while SSD often involves a lengthy application or appeal.
These benefits can overlap and the application process can quickly become very complex. An experienced lawyer can coordinate both to help you avoid delays, denials, or benefit reductions.
What if I was injured working outside of Clarkstown, such as in Yonkers or Westchester County?
If you live or work in Clarkstown but were injured on the job in another part of New York – like Yonkers, White Plains, or anywhere in Westchester County – you are still entitled to workers’ compensation under New York law. The key is that the injury occurred while you were acting within the scope of your employment. This includes traveling for work, making deliveries, or working on remote job sites, even if the work-related injury occurred in another state while working for a New York-based company. A lawyer can determine which jurisdiction your claim falls under and help file accordingly.
Do certain jobs or industries in Clarkstown have more serious work injury risks than others?
Yes. Construction, manufacturing, trucking, and warehouse jobs – common in and around Clarkstown – tend to involve higher risk of serious injury. Falls from heights, equipment malfunctions, and heavy lifting are routine causes of back injuries, fractures, and repetitive stress disorders. Healthcare workers in Nyack and educators throughout Rockland County also face risks like overexertion, slip and falls, and patient-related injuries. If you were injured in one of these fields, a lawyer can ensure your claim is properly documented and pursued for full benefits.
How can a Clarkstown workers’ compensation lawyer help with my claim or appeal?
Having an experienced lawyer on your side can significantly increase your chances of receiving full, timely benefits. Whether you’re filing your initial claim or fighting a denial, a workers’ comp attorney can:
- Prepare and submit your claim accurately: Avoiding technical mistakes that delay payments.
- Gather medical evidence and expert opinions: Proving the extent of your injuries.
- Challenge denials and delays: With formal appeals, hearings, or settlement negotiations.
- Identify third-party liability: So you can pursue all available compensation.
- Protect you from retaliation or pressure: Including early return-to-work demands that aren’t safe because you aren’t fully recovered.
Navigating workers’ comp alone can be overwhelming. With legal guidance, the process becomes clearer – and the outcome is often far better.
How do I schedule a free consultation with a Clarkstown workers’ comp attorney, and what will it cover?
Scheduling a free consultation with Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP is simple – you can call, submit an online form, or visit the nearest office location. During the consultation, an attorney will review how the injury happened, what documentation you’ve collected, and whether you’ve already filed a claim. They’ll also explain your rights, possible benefits, and next steps, including how to challenge a denial or explore third-party liability. You won’t pay anything unless your case is successful, making it risk-free to get the help you deserve.
Talk to a Clarkstown Workers’ Compensation Attorney Who Knows How to Win
If you’ve been hurt or made ill on the job, don’t settle for delays, denials, or less than you deserve. Our Clarkstown workers’ compensation attorneys have spent over 90 years standing up for injured New Yorkers – recovering billions in benefits and settlements for more than 100,000 clients across the state. We’re experienced, relentless, and deeply committed to doing what’s right for workers and their families.
Your consultation is completely free, and you don’t pay a dime unless we win your case. Let us handle the paperwork, the deadlines, and the insurance company while you focus on healing. Contact Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today and put a trusted New York legal team on your side.