Staten Island Workers’ Compensation Lawyers Fighting for Injured New Yorkers
Minor injuries can have major consequences without the right workers’ comp lawyer on your side
A “routine” injury at work – like a back strain from lifting, or pain in your wrist from years at a keyboard – can seem manageable at first. But for many Staten Island workers, what starts as a small issue can turn into weeks without pay, medical appointments insurance refuses to cover, and a long road to recovery without the support they deserve. That’s when the workers’ compensation system is supposed to step in – but often, it doesn’t. Claims can be delayed, denied, or underpaid. Employers may dispute what happened. Insurance companies may say you’re not hurt badly enough. And through it all, injured workers and their families are left scrambling to keep up with bills, treatment, and lost wages.
That’s why having an experienced legal team can make all the difference. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has fought for injured workers in Staten Island and throughout New York for decades – handling not only workers’ comp claims but also third-party injury cases and Social Security Disability claims when injuries are long-lasting. Our team knows how to push back when the system makes life harder for people who’ve already sacrificed their health for their jobs. Whether you were hurt in a Tottenville warehouse, a Dongan Hills nursing home, or during construction along the Staten Island Expressway, you deserve full compensation – not just what the insurance company thinks you should get. Contact Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP for a free consultation and get the help you need to move forward.
FAQs About Staten Island Workers’ Compensation
Because workers’ compensation is a no-fault system, you don’t need to prove liability (who’s legally responsible for your work-related injury or illness) to receive benefits – but getting the full amount you’re owed isn’t automatic. That’s why it’s so important to have clear, trustworthy information from a legal team that knows the system inside and out. The following FAQ from Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP breaks down what injured workers and their families in Staten Island need to know.
- What should I do if I was hurt on the job in Staten Island or made sick due to my work conditions?
- Can I get workers’ compensation even if the injury was my fault?
- What types of injuries and illnesses are covered under workers’ compensation in Staten Island?
- How do I know if I’m being underpaid or wrongly denied by the insurance company?
- What benefits can I receive through workers’ compensation in New York?
- What if I lost a loved one to a fatal workplace accident or illness?
- Can I sue my employer for a workplace injury?
- How do third-party claims work alongside my workers’ comp case?
- How are workers’ compensation cases different from Social Security Disability claims?
- Why do I need a Staten Island workers’ compensation lawyer?
- What deadlines apply to workers’ compensation claims in New York?
- What if I was injured working somewhere outside of Staten Island?
- What kinds of tricks or tactics do insurance companies use to avoid paying full benefits?
- What happens if my Staten Island employer refuses to report my injury?
- How can I get a free consultation with a Staten Island workers’ compensation attorney?
What should I do if I was hurt on the job in Staten Island or made sick due to my work conditions?
Taking the right steps immediately after a workplace injury or illness can make a major difference in your ability to get benefits. Delays, missing documentation, or failing to report your injury can give the insurance company an excuse to deny your claim. These are the most important actions to take right away:
- Report the incident to your employer: Tell a supervisor or HR in writing as soon as possible. New York law requires this within 30 days.
- Get medical treatment: See a doctor authorized by the New York Workers’ Compensation Board unless it’s an emergency.
- Document everything: Keep a personal record of how the injury happened, your symptoms, your treatment, and all related expenses.
- File a C-3 form with the Workers’ Compensation Board: This is how you officially start your claim.
- Avoid discussing the incident with insurance representatives before legal review: Their goal may be to minimize what you’re owed. Anything you say could help them and hurt your claim.
These steps can lay the foundation for a strong claim. A workers’ comp lawyer can help ensure no detail gets overlooked or used against you later.
Can I get workers’ compensation even if the injury was my fault?
Yes, New York’s workers’ compensation system is no-fault, which means you’re eligible for benefits even if you caused the accident. Whether you slipped while loading freight at a West Shore warehouse or strained your back lifting patients in a Staten Island nursing home, you have a right to wage replacement and medical coverage. However, insurers may still look for reasons to deny or reduce your claim. An attorney can help protect your rights and make sure you’re not blamed unfairly for your work-related injury.
What types of injuries and illnesses are covered under workers’ compensation in Staten Island?
Many injured workers don’t realize how broad workers’ compensation coverage can be. If your condition is connected to your job duties, you may be entitled to benefits – even if your symptoms took time to appear. Common injuries and illnesses include:
- Acute physical trauma: Falls, crush injuries, amputations, or head trauma from construction accidents or industrial machinery.
- Repetitive stress injuries: Carpal tunnel, chronic back pain, or joint issues from warehouse or medical work.
- Occupational diseases: Respiratory illness from chemical exposure, asbestos-related conditions, or long-term toxic exposure.
- Mental health conditions: Work-related PTSD or anxiety from trauma on the job.
- Fatal injuries or illnesses: For families of workers who died from job-related causes.
A qualified workers’ comp lawyer can assess whether your specific injury or illness qualifies and help you gather the evidence in support of your workers’ comp benefits claim.
How do I know if I’m being underpaid or wrongly denied by the insurance company?
Insurance companies are often quick to minimize payouts, delay care, or reject valid claims. You may not even realize how much you’re losing out on unless you know what to look for. Warning signs include:
- Delayed or missed checks: Regular benefit payments arrive late or are suddenly reduced.
- Medical treatment denied or cut off: Necessary procedures or referrals are refused without explanation.
- Surveillance or pushback: Investigators follow you or the insurer suggests you’re exaggerating your injuries.
- Lowball settlement offers: You’re pressured to accept a quick payout before your treatment is finished.
- Lack of communication: Your questions go unanswered, or you’re shuffled between insurance reps.
A lawyer can review your case, explain your legal options and work with you to make sure the insurance company doesn’t try to take advantage of you.
What benefits can I receive through workers’ compensation in New York?
New York’s workers’ compensation system is designed to provide injured workers with financial and medical support. However, you’re only guaranteed what you can successfully claim. Covered benefits often include:
- Medical treatment: Doctor visits, surgeries, medications, and physical therapy from approved providers.
- Wage replacement: Partial compensation for lost wages if you’re temporarily or permanently unable to work.
- Permanent disability benefits: For serious injuries that cause lasting impairment.
- Vocational rehabilitation: Job training or support if you can no longer return to your prior work.
- Death benefits: Weekly payments and funeral expenses for families of workers who died from job-related injuries or illnesses.
Maximizing these benefits often requires legal help, especially when insurers push back or offer less than you’re owed. Your lawyer can demand the benefits you deserve so you can focus on moving forward with your life.
What if I lost a loved one to a fatal workplace accident or illness?
If your spouse or family member died due to a job-related accident or long-term exposure, you may be eligible for death benefits through New York workers’ comp. This includes weekly payments and funeral expenses, even if the illness developed over time from toxic exposure at the Staten Island container port or a factory job in Richmond County. Families may also have a wrongful death case if negligence by a third party contributed to the fatality. Speaking with a lawyer can help you uncover all potential sources of compensation and accountability.
Can I sue my employer for a workplace injury?
In most cases, you can’t sue your employer directly due to workers’ compensation laws in New York. But if your injury occurred because of a third party – like a subcontractor, delivery driver, or equipment manufacturer – you may be able to file a personal injury lawsuit against the other business. This is common in multi-contractor construction zones on Victory Boulevard or job sites along the Bruckner Expressway. A lawyer can investigate all parties involved and help determine whether a third-party lawsuit is an option for seeking compensation for your workplace injury expenses.
How do third-party claims work alongside my workers’ comp case?
If someone other than your employer caused your injury – such as a negligent vendor or property owner – you can pursue a third-party personal injury claim in addition to a workers’ comp. The two claims do not cancel each other year. You may be able to obtain compensation from both for your financial losses. For example, if a delivery driver hit you while unloading at a Staten Island jobsite, you may recover full lost wages and pain and suffering through a separate claim, while also receiving workers’ comp. These cases require careful coordination to avoid benefit conflicts or offsets. A lawyer can manage both claims strategically to maximize your recovery.
How are workers’ compensation cases different from Social Security Disability claims?
Workers’ compensation and Social Security Disability (SSD) both help injured workers – but they serve different purposes and have different rules. Understanding the differences is key to getting full financial support:
- Workers’ compensation: Covers injuries or illnesses caused by your job; pays for medical care and partial lost wages.
- SSD benefits: Applies when you’re totally disabled and unable to work in any job, regardless of how your injury occurred. Your injury does not have to be a work-related injury to qualify for SSD benefits.
- You may qualify for both: In some cases, receiving both is possible with proper coordination.
- Different application processes: SSD goes through the Social Security Administration (SSA), which has strict medical and work history requirements.
If your injury is serious and meets the standards for both types of benefits, a lawyer can help you apply for both types of claims while avoiding conflicts or overpayments.
Why do I need a Staten Island workers’ compensation lawyer?
You might assume your case is simple – until you’re hit with delays, denials, or lowball offers. Insurance companies often have teams of lawyers and adjusters on their side. Injured workers need their own legal advocates to level the playing field. A lawyer can:
- Protect your rights from day one: Ensuring all deadlines are met and proper paperwork is filed.
- Challenge denials or delays: With the experience to navigate hearings and appeals.
- Coordinate third-party or SSD claims: Especially when outside negligence or long-term disability is involved.
- Calculate full value of your claim: Including future treatment, lost earning potential, and permanent disability.
Having a local advocate who understands Staten Island’s job risks and the NY workers’ comp system can often make the process smoother and more successful.
What deadlines apply to workers’ compensation claims in New York?
Timing is critical in workers’ compensation claims in New York. Missing a deadline can derail your ability to collect benefits. Keep these timeframes in mind:
- 30 days: You must notify your employer of the injury or illness in writing.
- 2 years: You must file your claim (Form C-3) with New York’s Workers’ Compensation Board within two years of the accident or illness onset.
- Varies by appeal: If your claim is denied, appeals have tight windows – often 30 days or less.
Working with an experienced workers’ comp lawyer can make sure you don’t miss crucial dates that could cost you your case.
What if I was injured working somewhere outside of Staten Island?
No matter where your injury occurred – whether on a Yonkers construction site near Nepperhan Avenue or in a Staten Island industrial park – you’re still covered under New York’s statewide workers’ comp system. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP serves injured workers throughout the state and can help regardless of the borough or region. Each area may have different employers, job hazards, and insurance practices, so local legal knowledge is key. A lawyer familiar with both Staten Island and wherever your injury occurred in New York can give you the advantage you need.
What kinds of tricks or tactics do insurance companies use to avoid paying full benefits?
Unfortunately, insurers are known for using tactics to reduce their liability – even when you’re clearly entitled to benefits. Some of the most common games insurance companies play include:
- Sending you to “independent” doctors: These physicians often work closely with insurers and downplay injuries. That way, insurance companies have an excuse for not paying you.
- Delaying paperwork: Hoping you’ll miss deadlines or give up.
- Blaming pre-existing conditions: Claiming your injury isn’t work-related or existed before your job.
- Offering quick, low settlements: Pressuring you to accept before the full impact of your injury is known.
- Surveillance and social media monitoring: Searching for anything they can use to discredit your claim.
Legal guidance can help you avoid these pitfalls and stay focused on recovery, not red tape.
What happens if my Staten Island employer refuses to report my injury?
Your employer is legally required to report your injury to New York’s Workers’ Compensation Board, but some may try to avoid doing so to keep their premiums low. If you were injured working at a site near Richmond Terrace or in the South Beach commercial corridor and your employer won’t file, you can file the C-3 form directly with the state. You should also document everything and avoid signing anything without legal review. An experienced workers’ comp lawyer can help you assert your rights and guard against employer retaliation or cover-ups.
How can I get a free consultation with a Staten Island workers’ compensation attorney?
You don’t need to face the claims process alone – or wonder if you’re getting the benefits you deserve. Our experienced workers’ compensation lawyers offer free, no-obligation consultations to review your case and explain your options. At a free consultation, you can:
- Get answers to your specific legal questions.
- Find out if your employer or insurer violated your rights.
- Learn whether you’re eligible for more than workers’ comp.
- Understand next steps and how legal fees work (typically contingency-based).
This is often the first and most important step in protecting your health, income, and long-term future.
Talk to a Staten Island Workers’ Compensation Attorney Who’s Ready to Fight for You
If you were injured or made ill on the job, don’t take chances with your future. The workers’ compensation process in New York can be confusing, but getting the support you need doesn’t have to be difficult. When you work with a Staten Island workers’ compensation lawyer from Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, you get more than just legal representation – you get a team that works as hard as you. We’re just like you – hard-working New Yorkers who believe in justice and doing what’s right.
For over 90 years, we’ve helped more than 100,000 injured workers and families recover billions in benefits and settlements. With over 100 legal professionals on staff and a reputation insurance companies recognize, we know how to win. Consultations are free, and you don’t pay any fees unless we win your case. Contact us today and let us fight for the full compensation you deserve.