New Rochelle Workers’ Compensation Lawyers for Job Injuries and Illnesses
Fighting for Injured New Rochelle Workers and Families Across Every Industry
Getting hurt or sick because of your job can knock the wind out of you. One day you’re doing what you’ve always done – stocking shelves, caring for patients, operating heavy equipment – and the next, you’re in pain, out of work, and wondering how you’re going to support your family. In New Rochelle and across nearby communities, injured workers often feel pressured to stay quiet, push through the pain, or accept less than they deserve. But the truth is, work injuries and illnesses happen for all kinds of reasons that aren’t your fault—unsafe conditions, faulty equipment, overexertion, or long-term exposure to harmful substances. You shouldn’t be left to deal with the consequences alone.
The New Rochelle workers’ compensation lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP help injured workers and their families fight for the full compensation they’re owed. That includes New York workers’ comp benefits for medical treatment and lost income, third-party injury claims when someone else’s negligence was involved, and Social Security Disability benefits if your condition prevents you from returning to work. We also stand with families who’ve lost loved ones to fatal job-related injuries or illnesses – helping them pursue the death benefits and justice they deserve. With more than 90 years of experience and a long history of winning tough cases, our team makes it easier to get the help you need. Contact us today for a free consultation.
FAQs About Workers’ Compensation in New Rochelle
The compensation injured workers deserve starts with the right information – clear, accurate guidance from a trusted legal source. Our lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, understand this. That’s why we created this FAQ section – to provide injured workers and their families with the answers they need so they can make informed decisions and protect their rights under New York law.
- What should I do immediately after a work-related injury or illness in New Rochelle?
- How do I know if my injury or illness qualifies for workers’ compensation in New York?
- What types of work injuries are common in New Rochelle industries like construction, healthcare, and transportation?
- Can I still get workers’ compensation if my injury developed over time or wasn’t caused by a single accident?
- What benefits can I receive through workers’ compensation in New York, and how are they calculated?
- What happens if my claim is denied or the insurance company delays my benefits?
- Who is responsible for filing a workers’ comp claim, and what deadlines apply in New York?
- Can I sue someone if my injury was caused by a third party, like a contractor or property owner?
- How can a New Rochelle workers’ compensation lawyer help with my case if my employer is being uncooperative?
- What rights do surviving family members have after a fatal work injury or illness in New Rochelle?
- How do insurance companies try to reduce or deny workers’ comp claims, and how can a lawyer protect me?
- Can I choose my own doctor for treatment, or do I have to see someone approved by workers’ comp?
- What if my injury happened while commuting or traveling for work – am I still covered?
- Can union workers in New Rochelle get help with both workers’ compensation and third-party claims?
- Why is it important to talk to a lawyer before accepting a settlement offer for a work injury?
What should I do immediately after a work-related injury or illness in New Rochelle?
If you’ve been hurt or made ill on the job in New Rochelle, your actions in the first few hours and days can have a major impact on your ability to receive workers’ compensation benefits. Following the right steps early on helps protect your health, your legal rights, and your claim.
- Report The Incident to Your Employer As Soon As Possible: Even if your injury seems minor, reporting it immediately creates a record. You must notify your employer within 30 days under New York law.
- Get Medical Attention From a Workers’ Comp-Authorized Provider: Be sure to see a doctor authorized by the New York Workers’ Compensation Board to make sure your treatment is covered.
- Document Everything: Take notes on how the injury occurred, who witnessed it, and any communication with your employer or insurance carrier.
- Follow Through on Treatment and Advice: Failing to follow medical advice can hurt your claim or give insurers an excuse to deny benefits.
While it may feel overwhelming, following these steps can make a big difference. A New Rochelle workers’ compensation lawyer can take the pressure off and help you stay on track throughout the process.
How do I know if my injury or illness qualifies for workers’ compensation in New York?
New York workers’ compensation law covers a wide range of injuries and illnesses, not just dramatic accidents. If your condition was caused by your job, there’s a good chance it qualifies for benefits, including:
- Injuries From Specific Accidents: Falls from scaffolding on construction sites along Main Street or lacerations from tools in industrial areas near Weyman Avenue are clear-cut examples.
- Repetitive Stress Injuries: Conditions like carpal tunnel from clerical work or back injuries from lifting in healthcare or warehouse jobs are also covered.
- Occupational Diseases: Long-term exposure to hazardous substances – such as cleaning chemicals in healthcare or dust in manufacturing – may lead to qualifying illnesses.
- Aggravation of Pre-Existing Conditions: If your job worsened a previous injury or condition, you may still be entitled to benefits.
Even if your case doesn’t seem obvious, you may still be eligible. A New Rochelle workers’ comp lawyer can review your situation and help you move forward with confidence.
What types of work injuries are common in New Rochelle industries like construction, healthcare, and transportation?
Certain industries in New Rochelle and surrounding communities see higher injury rates due to the nature of the work. Knowing what’s common in your field can help you understand your rights and risks.
- Construction: Falls from ladders, scaffolding collapses, struck-by-object injuries, and electrical burns are frequent on job sites across Westchester County.
- Healthcare: Nurses and aides often suffer back injuries from lifting patients, as well as exposure to infectious diseases and needlestick injuries.
- Transportation and Delivery: Drivers may experience crash injuries, slip-and-fall incidents during deliveries, or repetitive strain from loading and unloading cargo.
- Public Sector Jobs: Sanitation, maintenance, and emergency service workers can face injuries from heavy machinery, road hazards, or toxic exposure.
No matter where you work, if your job contributed to your injury or illness, you may have a valid claim. A local lawyer can help you determine what benefits may apply in your particular case.
Can I still get workers’ compensation if my injury developed over time or wasn’t caused by a single accident?
Yes, New York workers’ compensation covers injuries and illnesses that develop gradually, including repetitive strain, overexertion, and exposure-related conditions. Common examples in New Rochelle could include back injuries from lifting patients at Montefiore, or respiratory issues from long-term chemical exposure in maintenance work around North Avenue. These cases are hard to prove without documentation and medical support, which is why they’re often denied when filed without legal assistance. A lawyer can work with doctors and gather the evidence needed to connect your medical condition to your job.
What benefits can I receive through workers’ compensation in New York, and how are they calculated?
Workers’ comp in New York is designed to provide financial relief when you can’t work due to a job-related injury or illness. The benefits you receive depend on your wages, the nature of your injury, and how long you’re out of work. If you qualify, you should receive benefits for:
- Medical Coverage: All necessary care, including doctor visits, surgery, prescriptions, and rehab, is covered – provided you see an authorized medical provider.
- Wage Replacement: You may receive up to two-thirds of your average weekly wage, subject to a state-set maximum.
- Permanent Disability: If you don’t fully recover, you may qualify for scheduled loss of use (SLU) awards or ongoing payments based on your level of disability.
- Vocational Rehab: If you can’t return to your previous job, you may be eligible for retraining or job placement services.
- Death Benefits: Surviving family members may receive weekly payments and funeral expenses if the workplace injury or illness was fatal.
Understanding what you’re owed can be complex and confusing. A workers’ compensation lawyer can answer your questions and make sure you’re not missing out on money you deserve.
What happens if my claim is denied or the insurance company delays my benefits?
Insurance companies often delay benefits by requesting additional documentation or questioning the severity of your injury – especially if it’s not a visible injury like a bone fracture, head injury or burn. If your claim is outright denied, you have the right to request a hearing with the New York Workers’ Compensation Board. Workers in New Rochelle often face delays after warehouse injuries near Weyman Avenue or construction accidents along Main Street. A workers’ compensation lawyer can challenge the denial, gather the necessary evidence, and represent you at hearings to get your benefits reinstated.
Who is responsible for filing a workers’ comp claim, and what deadlines apply in New York?
Filing your workers’ compensation claim is your responsibility. You must also file a claim correctly and on time in order to be eligible to receive benefits. The system is strict, and missing a deadline can cost you your case. Some of the rules and regulations include:
- You must notify your employer within 30 days of the incident. While verbal notice is acceptable, written notice is stronger.
- You must file Form C-3 with the New York Workers’ Compensation Board as soon as possible, and no later than two years from the date of injury or illness discovery.
- Your employer must report the injury to their insurance carrier within 10 days of learning about it.
If your employer drags their feet or you’re unsure about how the process works, legal support can help make sure your workers’ compensation claim doesn’t slip through the cracks.
Can I sue someone if my injury was caused by a third party, like a contractor or property owner?
Yes, if someone other than your employer was responsible – such as a subcontractor, equipment manufacturer, or property owner – you can pursue a third-party personal injury lawsuit in addition to your workers’ comp claim. For example, if you were injured by faulty scaffolding on a project near North Avenue or slipped on an unmarked hazard at a vendor site, those could be third-party cases. These lawsuits can compensate you for damages not covered by workers’ comp, like pain and suffering. A lawyer can investigate the circumstances, identify all liable parties, and make sure no avenue of compensation is missed.
How can a New Rochelle workers’ compensation lawyer help with my case if my employer is being uncooperative?
Some employers try to discourage or delay claims to avoid higher insurance costs. This puts injured workers in a difficult position. Some of the scare tactics employers use include:
- Pressure to Stay Quiet: Workers may be told not to report injuries or are blamed for causing them.
- Delays in Reporting: Some employers don’t file the required forms with the insurer or misclassify the injury.
- Retaliation: Workers may face demotion, firing, or shift changes after reporting an injury.
- Refusal to Accommodate: Injured workers may be denied light-duty assignments or forced back to work too soon.
A lawyer can push back, file a claim on your behalf, and protect you from employer retaliation. You have the right to file a claim seeking workers’ compensation benefits. You don’t have to face these tactics alone.
What rights do surviving family members have after a fatal work injury or illness in New Rochelle?
A fatal workplace accident or illness often leaves families grieving and financially exposed. New York law provides death benefits, but the process isn’t always simple – particularly when negligence is involved. Possible sources of compensation for family members in such situations can include:
- Weekly Wage Replacement: Spouses and minor children may receive a portion of the deceased worker’s wages.
- Funeral and Burial Expenses: Thousands of dollars may be available for final arrangements in Westchester County.
- Third-Party Claims: If someone outside the employer – like a contractor or manufacturer – contributed to the fatality, a separate wrongful death lawsuit may be possible.
- Social Security Survivor Benefits: These may also be available to children or spouses under federal law.
A compassionate lawyer can help surviving families understand all possible benefits and take action to hold all responsible parties accountable for their actions.
How do insurance companies try to reduce or deny workers’ comp claims, and how can a lawyer protect me?
Insurance carriers are focused on minimizing payouts – and they often use many tactics to challenge or undervalue legitimate claims. Knowing what to watch for is the first step.
- Claiming Your Injury Isn’t Work-related: This is common with repetitive strain or slow-developing conditions.
- Delaying Treatment Approval: They may ignore or stall medical requests, hoping you’ll give up and just go back to work, even if you’re in a lot of pain.
- Using Independent Medical Exams (IMEs): These exams are often biased and used to downplay your medical condition and deny your workers’ comp claim.
- Lowballing Settlements: Some insurers offer quick payouts that don’t cover long-term needs.
A lawyer can step in early to counter these tactics, build strong medical evidence, and negotiate from a position of strength.
Can I choose my own doctor for treatment, or do I have to see someone approved by workers’ comp?
In New York, you have the right to choose your own doctor – as long as they’re authorized by the Workers’ Compensation Board. Seeing your regular physician in New Rochelle is fine if they’re approved, but many primary care doctors aren’t familiar with the paperwork and timelines involved in comp claims. Some employers or insurers may pressure you to use their “preferred” providers, who often favor the insurance company. A lawyer can help you find a trusted, qualified doctor who prioritizes your recovery – not the insurer’s bottom line.
What if my injury happened while commuting or traveling for work – am I still covered?
Generally, New York workers’ compensation does not cover your normal commute. However, if you were driving between job sites, making a delivery, or running a work errand – such as traveling from New Rochelle to a job location on the Hutchinson River Parkway – you may still be covered. Injuries during business-related travel or in company vehicles often qualify. A lawyer can analyze your work duties and travel patterns to determine if your injury falls within the guidelines for approved workers’ comp claims.
Can union workers in New Rochelle get help with both workers’ compensation and third-party claims?
Yes, and they should. Union members in New Rochelle – whether working in sanitation, transit, or construction – often have additional rights through their union, but that doesn’t mean the system automatically works in their favor. If your injury was caused by unsafe equipment, a negligent contractor, or another party besides your direct employer, you may have a third-party lawsuit in addition to your workers’ comp claim. A lawyer who understands union rights and workers’ comp law can coordinate both claims and protect your benefits on all fronts.
Why is it important to talk to a lawyer before accepting a settlement offer for a work injury?
A settlement might sound like relief – but if it’s rushed or incomplete, you could lose your right to future care or fair compensation. Once you accept, there’s no going back, even if your injury-related expenses soar higher in the future.
- Some Settlements Close Out Future Medical Care: That means if your condition worsens, you pay out of pocket. And these expenses can often add up fast.
- The Offer May Not Reflect Your True Wage Loss Or Disability: Without legal review, you may settle for less than you’re owed.
- You May Have Additional Legal Claims: If third-party negligence played a role, a separate lawsuit may be possible alongside your comp claim.
- You May Qualify for SSD Benefits: A lawyer can help coordinate benefits to avoid conflicts or lost opportunities.
Getting legal advice before signing anything ensures you’re making an informed decision – not one the insurance company prefers. Get in touch with our law firm for a free case consultation.
Get the Compensation You Deserve with a New Rochelle Workers’ Compensation Attorney You Can Trust
If you were injured or made ill on the job, you deserve more than just a system that pushes you around – you deserve experienced legal advocates who won’t back down. Our New Rochelle workers’ compensation attorneys fight for working New Yorkers with the strength, skill, and compassion that comes from representing over 100,000 clients and recovering billions in compensation.
For more than 90 years, we’ve helped people across New Rochelle and Westchester County take on employers, insurance companies, and third parties – and win. We offer free consultations, and you pay nothing unless we win your case. Contact us today and put one of New York’s most respected legal teams on your side. Let Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP help you demand every dollar, every benefit, and every bit of justice you deserve.