Long Island Workers’ Compensation Lawyer
On-the-Job Injury on Long Island? A Determined Workers’ Compensation Lawyer Is On Your Side
Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has been helping Long Island workplace injury victims for over 90 years. If you were hurt at work and need medical procedures, occupational therapy, or vocational rehabilitation because you’re disabled due to a job injury and can’t go back to work, we’re the legal team you need. You may be struggling with a debilitating work-related illness or were injured in a catastrophic construction site accident, hospital worker contaminated needle stick, or stress-related workplace heart attack.
Our national reputation as diligent workers’ compensation attorneys who never back down is accurate. We’ve been winning major workers’ compensation claim settlements for over eight decades and will help you, too. If you were injured in a job accident injury or contracted one of the many long-term workplace illnesses or occupational diseases New Yorkers often develop after years on the job-such as silicosis, asbestosis, mesothelioma, work-related cancer, or job knee injury-we will fight for the compensation you deserve.
Long Island workers can be seriously hurt on the job
As long-established Long Island work injury attorneys, we are often up against aggressive insurance adjusters who try to push low-ball settlements on our clients. But we know there’s a much higher number they’re willing to name rather than face us in court. We help civil service disability pension applicants, as well, such as NY transit workers, law enforcement and sanitation employees, and injured union members can count on our fierce legal services too. We also handle Social Security Disability claims.
“Words can’t fully explain the impact you have had on my life… you’ve given me a new start and I intend to seize the chance to make a difference. Thank you again in advance for your time and attention.” – Athena R.
FAQs About Workers’ Compensation in Long Island
- What Is Workers’ Compensation, and Who Qualifies for It in Long Island?
- What Types of Injuries Are Most Common for Long Island Workers?
- How Do I Report a Work Injury on Long Island?
- How Soon Do I Need to Report My Injury and File a Claim in Long Island?
- What Should I Know About Long Island Workers’ Compensation Benefits?
- What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?
- Can I Change Doctors During My Workers’ Compensation Case?
- What Are My Options If My Claim Is Denied?
- Can I Receive Both Workers’ Compensation and Unemployment Benefits?
- What Are My Rights if I Was Injured at a Long Island Construction Site?
- Are Mental Health Conditions Covered by Workers’ Compensation in Long Island?
- How Does Long Island Workers’ Compensation Handle Recurring Injuries?
- How Much Time Does It Typically Take to Resolve a Workers’ Compensation Case?
- How Are Workers’ Compensation Benefits Calculated in Long Island?
- What Should I Know About Workers’ Compensation Settlements on Long Island?
- Can I Return to Work While Receiving Workers’ Compensation Benefits?
- Are There Situations Where I Could Sue My Employer for a Work Injury?
- What If My Employer Retaliates Against Me for Filing a Claim?
- Can I Still Receive Workers’ Compensation If I Was at Fault?
- What Should I Look For When Hiring a Long Island Workers’ Compensation Lawyer?
What Is Workers’ Compensation, and Who Qualifies for It in Long Island?
Workers’ compensation is a no-fault insurance system that provides benefits to employees injured on the job. Most Long Island employees are covered, regardless of fault, as long as the injury occurred while performing work-related duties. Benefits can cover medical expenses, partial wage replacement, and, in some cases, vocational rehabilitation. The exact amount and duration of benefits depend on the injury’s severity and your ability to return to work.
What Types of Injuries Are Most Common for Long Island Workers?
Long Island workplace accidents can result in many types of different injuries. Some common types of accidents include:
- Falls from heights, such as ladders or scaffolding.
- Slip and falls on slippery or uneven surfaces.
- Accidents involving machinery, such as construction equipment, power tools, or manufacturing machinery.
- Repetitive motion injuries from performing the same tasks over and over.
- Construction accidents such as falling objects, collapsing structures, or being caught in-between objects.
- Burns and chemical exposure.
- Electrical accidents after exposure to live electricity.
- Vehicle accidents, including delivery crashes and construction vehicle collisions.
- Occupational diseases from exposure to hazardous conditions or substances, leading to hearing loss, respiratory disorders, and dermatological conditions.
The severity and specific types of injuries can vary widely. Workers have suffered broken bones, burns, back and spinal injuries, traumatic brain injuries (TBI), respiratory injuries, eye injuries, and cancer.
How Do I Report a Work Injury on Long Island?
Here’s a step-by-step list for reporting a work injury on Long Island, with notes on potential differences for union and non-union workers:
- Seek Medical Attention. Visit the nearest emergency medical care facility or an authorized workers’ compensation medical provider for treatment and documentation of your injury. Mention that it’s a work-related injury.
- Notify Your Employer Immediately. Report the injury to your supervisor as soon as it occurs. You generally have 30 days to do this in New York, but reporting promptly can help secure your benefits.
- Consult a Workers’ Compensation Lawyer. Contact an attorney to help protect your rights, navigate the claims process, and handle any disputes or appeals.
- Complete Any Required Incident Reports. Fill out any workplace-specific incident forms. This documentation is crucial for both union and non-union workers.
- File a Workers’ Compensation Claim (Form C-3). Submit Form C-3 to the New York State Workers’ Compensation Board within two years of the injury. This step is the same for union and non-union workers.
A Note on Union vs. Non-Union Workers: If union-affiliated, consult your union representative for guidance. Many unions offer additional support or benefits and may help with filing procedures. For non-union workers, reporting follows standard state procedures, and you’ll work directly with your employer and the insurance carrier.
How Soon Do I Need to Report My Injury and File a Claim in Long Island?
You should report your injury to your employer within 30 days. Although you generally have up to two years from the date of the accident or diagnosis to file a workers’ compensation claim in New York, some cases have different timelines. For example, if your injury involves occupational illnesses like hearing loss or repetitive strain injuries, the clock may start ticking from the date you discovered the injury rather than the date it occurred.
Waiting until the last minute to report or file can create unnecessary challenges. Delays may lead to difficulty gathering evidence, faded memories, or even loss of crucial records. Filing promptly helps ensure your claim is handled smoothly and you receive the benefits you deserve without complications.
What Should I Know About Long Island Workers’ Compensation Benefits?
These benefits include coverage of your medical expenses and partial lost wages while you can’t work. However, employers and insurance companies often dispute claims. A claim can be denied for many reasons. For example:
- Your injury was not reported within the required timeframe
- There was a lack of medical evidence to support your claim
- The insurance company argues that your injury was pre-existing
- The insurance company argues that your injury was not work-related
- Paperwork was not completed correctly, or there was missing documentation
Navigating the claims process can be difficult, especially while you are still recovering from your injuries. That’s why you need an experienced workers’ compensation lawyer to fight for you.
What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?
New York law requires most employers to carry workers’ compensation insurance, but there are exceptions. Certain employers, like sole proprietors with no employees, small businesses with a limited number of employees, and specific agricultural operations, may not be required to have coverage. If your employer does not have insurance, you can still file a claim through the New York State Workers’ Compensation Board’s Uninsured Employers Fund. If you have questions about your specific situation, contact a workers’ compensation lawyer who can provide guidance and help protect your rights.
Can I Change Doctors During My Workers’ Compensation Case?
You can change doctors if you’re dissatisfied with your current treatment, but you must notify the workers’ compensation insurance carrier. The new doctor must also be authorized by the New York State Workers’ Compensation Board to ensure your treatment is covered. Failing to follow these steps could risk your benefits. You can contact your lawyer for guidance on finding an authorized doctor or avoiding complications.
What Are My Options If My Claim Is Denied?
If your workers’ compensation claim is denied, you have the right to appeal, and working with an experienced attorney is essential to navigating this complex process. Here’s how a lawyer can help:
- Review the Denial and Plan the Next Steps. Your lawyer will examine the denial notice to understand why it was denied and outline a strategy for appealing, including what evidence to gather.
- File a Timely Appeal. There are strict deadlines for filing an appeal, and your lawyer will handle all paperwork, ensuring everything is submitted correctly and on time to the Workers’ Compensation Board.
- Gather and Present Additional Evidence. Your lawyer will collect critical evidence, such as medical records or expert testimony, to address the reasons for the denial and may coordinate an independent medical examination if needed.
- Represent You at the Hearing. At the hearing, your lawyer will present your case, cross-examine witnesses, and handle all legal arguments, working to achieve the best possible outcome.
- Pursue Further Appeals or Settlements if Needed. If the initial appeal is unsuccessful, your lawyer can guide you through further appeals or negotiate a settlement with the insurance company.
Relying on a skilled attorney increases your chances of a successful appeal, allowing you to focus on recovery while they handle the legal details.
Can I Receive Both Workers’ Compensation and Unemployment Benefits?
In some cases, you may qualify for both, but eligibility depends on your specific situation. Workers’ compensation provides partial wages, while unemployment benefits typically require you to be able and available to work.
What Are My Rights if I Was Injured at a Long Island Construction Site?
If you were injured at a Long Island construction site, you have several key rights to ensure your safety, protect your livelihood, and seek fair compensation:
- Workers’ Compensation Benefits. Access to medical care and partial wage replacement, regardless of who was at fault.
- Third-Party Claim. The right to seek additional compensation from a negligent third party (e.g., equipment manufacturers, subcontractors).
- Right to Safe Working Conditions. Entitlement to a safe workplace under OSHA regulations, including the right to report unsafe conditions without fear.
- Right Against Retaliation. Protection from employer retaliation (e.g., termination, demotion) for filing a workers’ compensation claim or reporting safety issues.
- Right to Legal Representation. Ability to seek legal help to protect your rights, pursue claims, and secure fair compensation.
Are Mental Health Conditions Covered by Workers’ Compensation in Long Island?
Yes, in Long Island, if a mental health condition is work-related — such as PTSD from a traumatic incident or stress-induced conditions — you may qualify for workers’ compensation benefits for treatment and lost wages.
How Does Long Island Workers’ Compensation Handle Recurring Injuries?
Recurring injuries are injuries that reoccur or worsen over time due to ongoing work conditions. These can develop gradually from repetitive tasks or re-emerge as previous injuries aggravated by similar work activities. To qualify for New York workers’ compensation, it’s important to document recurring injuries thoroughly, linking them directly to your job duties and demonstrating how they are aggravated by your work environment. Common types of recurring injuries in Long Island workers’ compensation claims include:
- Back Strains and Sprains. Often from repeated heavy lifting, bending, or twisting.
- Carpal Tunnel Syndrome. Caused by repetitive hand and wrist motions, frequently seen in office, assembly line, and manual labor jobs.
- Inflammation from repetitive strain, commonly affecting shoulders, elbows, or knees.
- Rotator Cuff Injuries. Repeated overhead lifting or reaching can worsen shoulder injuries.
- Knee Injuries. Aggravated by frequent kneeling, squatting, or heavy lifting.
- Herniated Discs. From ongoing physical strain, often involving lifting or bending tasks.
- Hearing Loss. Exacerbated by prolonged exposure to loud machinery or environments without adequate protection.
Ensuring thorough documentation of symptoms and medical treatment is vital for proving that these recurring injuries are work-related and eligible for workers’ compensation benefits.
How Much Time Does It Typically Take to Resolve a Workers’ Compensation Case?
The timeline for resolving a workers’ compensation case can vary significantly. While straightforward cases may be resolved in a few months, more complex or contested claims can take over a year. Several factors can influence this timeline, including:
- Severity of the Injury. Cases involving severe or long-term injuries may take longer as they often require extensive medical evaluation.
- Availability of Medical Evidence. Delays in obtaining or providing sufficient medical records and reports can slow the process.
- Claim Disputes. If the insurance company contests the claim or disputes aspects of the injury, it can lead to prolonged hearings and appeals.
- Settlement Negotiations. Lengthy negotiations over benefit amounts or settlement terms can add time to the case.
- Employer Cooperation. Delays may occur if the employer disputes the injury or fails to provide necessary documentation promptly.
Legal assistance can help streamline the process by ensuring that all documentation is accurate and deadlines are met, potentially reducing the time it takes to reach a resolution.
How Are Workers’ Compensation Benefits Calculated in Long Island?
Workers’ compensation benefits in Long Island are generally based on two-thirds (66.67%) of your average weekly wage, up to a maximum amount set by New York State law. The calculation depends on the nature of your injury and how it impacts your ability to work:
- Temporary Total Disability (TTD). If you’re unable to work temporarily, you’ll receive two-thirds of your average weekly wage, subject to the state maximum.
- Temporary Partial Disability (TPD). For temporary injuries that allow you to work reduced hours or duties, benefits cover two-thirds of the difference between your pre-injury wages and current earnings.
- Permanent Total Disability (PTD). If you can no longer work at all due to a permanent injury, you’ll receive two-thirds of your average weekly wage up to the state maximum for life.
- Permanent Partial Disability (PPD). For permanent injuries that limit but don’t completely prevent work, benefits vary based on the body part injured and the degree of impairment, with payments scheduled according to state guidelines.
These benefits are designed to provide financial support while you recover or adjust to a new work capacity. Consulting an attorney can help ensure you receive the correct amount based on your specific situation.
What Should I Know About Workers’ Compensation Settlements on Long Island?
Settlements are final agreements that can provide either a lump sum or structured payments. Since each case is unique, there is no average settlement amount that can accurately predict what you’ll receive. Settlements depend on factors like the severity of the injury, medical expenses, lost wages, and future care needs.
Consulting an attorney before agreeing to a settlement is essential to ensure it fully covers your current and future needs. A lawyer can help evaluate your specific situation, negotiate on your behalf, and protect your rights so you receive fair compensation.
Can I Return to Work While Receiving Workers’ Compensation Benefits?
Yes, you can return to work while receiving workers’ compensation benefits, but it depends on the type of benefits you’re receiving and your ability to perform work duties:
- Modified or Light-Duty Work. If your doctor clears you for modified or light-duty work, you may return in a role that accommodates your injury. You can continue receiving partial benefits to compensate for reduced earnings.
- Temporary Partial Disability Benefits. If you’re able to work fewer hours or earn less due to your injury, you may qualify for temporary partial disability benefits, which cover two-thirds of the difference between your pre-injury wages and current earnings.
- Regular Monitoring. Returning to work doesn’t mean your benefits will stop immediately. Benefits can continue as long as your injury impacts your earning capacity, but your situation will be periodically reviewed.
Returning to work while receiving benefits can ease your financial burden and aid in recovery, but it’s essential to follow medical advice and communicate with your employer and the workers’ compensation insurer. An attorney can help you understand your rights and avoid any issues with your claim.
Are There Situations Where I Could Sue My Employer for a Work Injury?
Typically, workers’ compensation is the exclusive remedy for workplace injuries, which means you cannot sue your employer directly. However, there are exceptions where a lawsuit may be possible, such as:
- Gross Negligence. If your employer exhibited extreme carelessness or disregarded known safety hazards, leading to your injury, you may have grounds for a lawsuit.
- Intentional Harm. If your employer deliberately caused harm—such as assault or other intentional acts—you could pursue a personal injury lawsuit.
- Lack of Workers’ Compensation Insurance. If your employer is required to carry workers’ compensation insurance but fails to do so, you may be able to sue them directly for damages.
- Third-Party Involvement. If another party’s negligence (e.g., a contractor or equipment manufacturer) contributed to your injury, you could file a lawsuit against that third party.
In these cases, a lawsuit could provide compensation beyond what workers’ compensation offers, such as pain and suffering. Consulting a lawyer can help determine whether a lawsuit is an option based on your circumstances.
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. You have the right to file a complaint with the New York State Workers’ Compensation Board or pursue a lawsuit against your employer for wrongful retaliation. Consulting a lawyer can help you understand your options and take action to protect your rights and secure compensation for any damages caused by the retaliation.
Can I Still Receive Workers’ Compensation If I Was at Fault?
Yes, workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who caused the injury—as long as it was work-related. This system covers various situations where fault does not affect eligibility, such as:
- First Day on the Job. Whether it’s your first day or you’ve worked there for years, you are entitled to benefits if injured while performing job duties.
- Part-Time or Temporary Workers. You can still receive workers’ compensation even if you work part-time, are a temporary employee, or have seasonal employment.
- Mistakes. Even if your own error or a minor mistake caused the injury, you remain eligible for benefits under workers’ compensation.
A workers’ compensation claim may not be valid if the injury resulted from employee intoxication or intentional self-harm.
What Should I Look For When Hiring a Long Island Workers’ Compensation Lawyer?
While you’re not required to have a lawyer for a workers’ compensation claim, hiring an experienced Long Island workers’ compensation attorney can make a significant difference. Here’s how our team can help you secure the full benefits you deserve under New York law:
Ensure Your Claim is Filed Correctly and On Time
Navigating workers’ compensation paperwork can be overwhelming. An attorney will handle all the filing details, ensuring forms like the C-3 are accurately completed and submitted on time, minimizing delays and the risk of claim denial due to technical errors.
- Why it matters: A single mistake can lead to delays or even denial. We manage the paperwork so you can focus on recovery.
Maximize Your Compensation
Determining the full value of your benefits requires a detailed understanding of the law. We will evaluate your injury, wage loss, and future medical needs to ensure you receive comprehensive compensation that covers both immediate and ongoing expenses.
- Why it matters: Insurance companies often undervalue claims. We fight to ensure you receive the maximum amount you’re entitled to.
Negotiate Fair Settlements with Insurers
Insurance companies are often focused on minimizing their payouts. A Long Island workers’ compensation lawyer can negotiate aggressively on your behalf, ensuring any settlement offer fully addresses your medical bills, lost wages, and future care.
- Why it matters: Without an attorney, you may feel pressured to accept less. We advocate for a fair settlement that reflects the true value of your case.
Gather Strong Evidence for Your Claim
A successful claim often hinges on strong supporting evidence. We will gather medical records, expert opinions, and any other documentation needed to substantiate your injury and its impact on your life.
- Why it matters: Solid evidence strengthens your claim. We know what to collect and how to present it effectively.
Guide You Through Appeals if Denied
If your claim is denied, we can guide you through the appeals process, prepare and submit additional evidence, and represent you at hearings to fight for the benefits you deserve.
- Why it matters: Appeals are time-sensitive and complex. We navigate the process efficiently to maximize your chances of overturning a denial.
Represent You in Hearings and Disputes
Should your case require a formal hearing, we will advocate for you in court, present your case, cross-examine witnesses, and introduce all necessary evidence to protect your rights.
- Why it matters: Legal proceedings can be daunting. We handle every aspect so you can focus on your health.
Provide Peace of Mind Throughout Your Recovery
Dealing with a workers’ compensation claim can be stressful. With a dedicated Long Island attorney by your side, you can focus on healing while we manage the legal complexities of your case.
- Why it matters: Recovering from an injury is challenging enough. Let us handle the legal work so you can prioritize your recovery.
Hiring a Long Island workers’ compensation lawyer significantly increases your chances of securing the full benefits you’re entitled to. Our team is committed to supporting you through every step of the process, ensuring your rights are protected and your compensation is fair.
You deserve workers’ compensation benefits for the injuries you suffered
The lawyers at our firm can guide you through the process every step of the way. We can help you complete all the required paperwork, submit required documentation, and ensure all deadlines are met. Our legal team can investigate your workplace accident and gather medical evidence that supports your claim.
We can represent you at all hearings before the Workers’ Compensation Board if your claim is denied. In addition, we can negotiate with the insurance company to reach a settlement that meets your needs. If needed, we will continue to fight for you in court.
Call a Forceful Long Island Workers’ Compensation Attorney Today. We can move your workers’ compensation claim forward.
Don’t take on a Long Island workers’ compensation case by yourself. If you were injured, let the powerful personal injury attorneys at the Long Island Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP help you recover the compensation that is rightfully yours. Call us today or contact us online for a free evaluation. Every conversation is completely personalized and confidential, and you pay nothing unless you win!
Suffolk County
500 Express Dr S
Suite 100
Brentwood, NY 11717
(631) 348-1668
4.8/5 stars, 468 reviews
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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.
Nassau County
666 Old Country Rd #605
Garden City, NY 11530
(516) 742-3636
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Directions:
Our office is located right off Old Country Rd near Meadowbrook State Pkwy M1 Exit and Westbury Plaza. It is accessible by I-495 and the Northern State Pkwy. From I-495, take the Exit for Northern State Pkwy. Then take Exit 31A for Meadowbrook State Pkwy. Next, take Exit M1 for Old Country Rd W toward Mineola. Turn right onto Old Country Rd, then, almost immediately, take a left turn onto the Meadowbrook State Pkwy S ramp to Jones Beach. After several feet, turn right into our office’s back parking lot.