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Workers' Compensation

Workplace Injuries in New York Can Be Devastating-Our Fierce NY Workers Compensation Attorneys Fight For Clients

You found us because you or a loved one got injured at work - you may be in constant pain, perhaps you can't work due to injuries, you're overwhelmed with workers' compensation forms or your benefits stopped and you can't make ends meet. Rest assured, you've come to the right place.

For over 80 years, we've been aggressively defending the rights of hard-working New Yorkers who have been hurt on the job. We help injured workers navigate the complicated workers' compensation insurance claim process, from filing a workers' compensation claim and choosing a doctor to understanding workers' compensation benefits or submitting wage and hour claims. We prepare for every case as if we are going to trial-and have no hesitation to do so if needed-which motivates opponents to settle out of court and with a sizable amount.

Straight Answers from NYC Workers’ Compensation Attorneys

After your workplace accident, you and your family probably have a lot of questions about your injury. How will you pay for your treatment? How will you make ends meet if you can’t work? What if your injury requires surgery or physical therapy? Can you see a specialist or get a second opinion if needed?

Our workers’ compensation lawyers understand New York's labor laws, and we understand what you're going through. Our firm has spent decades handling some of the toughest workplace accident cases in New York City, and we know how the workers’ compensation system works here.

We hope you will find some answers to your questions below, but even if you do – contact us. We can personally explain things specific to your circumstances and answer any questions you might have about your on-the-job accident. Schedule a free case evaluation today.

When should I hire a workers comp lawyer?

Nobody expects to be hurt at work, and while most of us have heard of workers' compensation, a lot of us don’t know just how complicated and difficult it can be to get compensation. Workers who have been hurt on the job need to know their legal rights and responsibilities, as well as those of the other involved parties, like their boss and their employer's insurance carrier. Workers need to know their options, and retaining a workers' compensation lawyer can help them through the claims process.

How do workers’ compensation lawyers get paid?

We work for our clients on a contingency fee basis, which means that attorneys' fees and other case-related expenses will only be due if we win your case. We do not charge an hourly fee. You will only see a bill from us when you receive a successful judgment or monetary settlement. The New York State Workers' Compensation Law Judge sets the amount of the fee, which generally is between 10-15 percent of the award. So, when you contact us and request a free evaluation, there is truly no obligation and you will pay us nothing unless you win. Call us or contact us online today for your free consultation.

How does workman's compensation work in New York?

Workers who are injured on the job in New York have two responsibilities immediately after an on-the-job accident. First, the injured worker needs to obtain necessary medical care, whether that’s at a hospital, occupational medicine clinic, or from their primary care provider. Second, the employee needs to promptly notify his or her supervisor or manager about the accident.

Your employer will then report the injury or illness to the state's Workers' Compensation Board (WCB) and the company's workers' compensation insurance carrier. By law, injured workers are required to file Form C-3 (Employee's Claim for Compensation) with the Board within two years from the date of the accident or from the date the medical condition was discovered to cause an occupational disease.

These deadlines are strictly enforced, and a mistake in filling out a single form can jeopardize a worker's ability to recover compensation.  A workers’ compensation lawyer who is experienced handling workers' compensation claims can help the injured worker fill out all necessary forms and also make sure that the other parties involved are taking care of the steps that they are responsible for. An attorney can also advocate for the injured worker if there is a dispute regarding the injury or the claim.

How much is a typical workers' compensation settlement?

Before any settlement is reached, we formulate what your compensation should be based on:

  • Medical treatment to date
  • Future medical treatment, like surgery
  • Lost wages and any future wage loss
  • Disability payments, if applicable

Even though our firm has recovered millions for injury victims, every workplace accident case is different. Workers' compensation insurance adjusters know we meticulously prepare every case. That’s why they typically offer our clients a great settlement long before a case ends up in court. Every insurance adjuster and opposing lawyer in New York is well aware that we research and prepare each case as if it’s going to trial. So, they typically offer our clients a very good settlement out of court. They know we’re a formidable opponent and don’t want to go to trial against us. We can help you get a higher New York workers’ compensation claim settlement. Contact us today for your free consultation.

Can I appeal a decision of the New York Workers' Compensation Board?

Yes. Either side can ask for an administrative review of the decision within 30 days of the filing. This is done by applying in writing for Board review. A panel of three Board Members will review the case. The panel may affirm, modify or rescind the decision, or restore the case to the calendar for further development of the record.

In the event the panel decision is not unanimous, any interested party may apply in writing for a mandatory review by the full Board. You can also appeal your case at the same time to the New York State Supreme Court, Appellate Division, 3rd Judicial Department.

The full Board must review and either affirm, modify or rescind this decision. In addition, following a unanimous decision of the Board panel, a party may file an application for discretionary full Board review. The application for discretionary full Board review will either be denied by the Board or, when warranted, the Board panel decision may be rescinded by resolution of the full Board. When the original Board panel decision is rescinded, a new panel decision will be issued.

Filing an appeal with the New York Workers’ Compensation Board and/or the New York State’s Supreme Court, Appellate Division, 3rd Judicial Department can be a long, complex process. That’s why it’s important to get help along the way. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has workers comp appeals attorneys with years of experience appealing such complex cases. We fight for clients struggling with on-the-job injuries throughout the state. Call us today at (800) 692-3717 or contact us online for a free evaluation. Discussions are confidential.

How can I appeal a New York workers’ comp decision?

Everyone hopes that their workers’ comp claim goes through smoothly but either side can appeal the decision, as long as it is done in writing within 30 days of the decision. Three Board members review appealed cases. They may agree with the decision, change part of a decision or reject it. They may also return the case for more hearings.

Either side may appeal that decision to the full membership of the Workers' Compensation Board of Commissioners and New York State’s Supreme Court, Appellate Division, 3rd Judicial Department. These appeals can be made simultaneously to both the Board and the 3rd Judicial Department. If the full Board takes the case, it will either agree, change or overturn the decision.

Appeals from Board decisions may be taken within 30 days to the Appellate Division, Third Department, Supreme Court of the State of New York.

How long does it take to review an appeal in New York?

There is no time limit on issuing a decision, but it’s in your best interests to seek an appeal as soon as possible. Either side may seek administrative review of the decision made by the Workers' Compensation Board panel within 30 days of the filing of the decision. This is done by applying in writing for Board review. A panel of three Board Members will review the case. Appeals of Board Panel decisions may be taken to the Appellate Division, Third Judicial Department, Supreme Court of the State of New York, within 30 days. The decision of the Appellate Division may be appealed to the Court of Appeals.

What are my chances of winning an appeal?

After a hearing, if either side disagrees with the decision, several legal options are available. An appeal can be sought from the state Workers Compensation Board and further appeals are allowed to the Appellate Division and thereafter, if accepted for review, to the Court of Appeals.

The appeals process is where a workers’ compensation attorney can be really helpful. At Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, our New York workers’ compensation attorneys have years of experience with the appeals process. We know how to get your work injuries taken seriously and can help you document evidence and guide you through the process to a successful claim. Call the New York Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today toll-free at (800) 692-3717 or contact us online for a free evaluation.

From New York City and Long Island to Westchester and Rockland County-We're On Your Side

Every New York workers' comp lawyer knows that workers compensation settlements are crucial to recovery, because workplace injuries can be severe, sometimes resulting in long-term, permanent disability. We offer eight decades of experience and can provide injured employees with the reassurance and reliability that only experience can bring. Worker accidents, injuries and illnesses can be debilitating, from Staten Island, Long Island, Brooklyn and Queens to Westchester, Rockland, the Bronx and Manhattan, and they take many forms:

For Over 80 Years We've Been Going to Bat For New Yorkers Who Were Hurt at Work

It doesn't matter where you are in your workers' comp process-whether you just suffered an on-the-job neck injury yesterday, have been enduring work-related mesothelioma for years or are unsure of how to deal with a denied workers compensation claim. Even if you only suspect your pain or illness is from a job accident, a continuous motion work task or perhaps one of many harmful exposure diseases that workers can get, call New York workers compensation lawyers Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today. We will conduct a free evaluation of your worker injury and advise you as to the best plan of action, both legally and medically.

Call a Relentless Workers Compensation Lawyer to Help With Your Benefits

With over thirty dedicated, seasoned attorneys on our staff, we make an ironclad commitment to each client, tackling every injured employee case meticulously and tirelessly. Our goal is to work as hard as we can on your behalf, so you can look forward to physical and financial recovery and get your life back. We also know that New Yorkers are loyal employees who don't want to complain, particularly if they've been working for the same employer for a long while or their boss is a friend or family member. But remember that your employer expects injuries to occur sometimes and wants you to get better, especially if you have a family to support. Workers' compensation insurance coverage is part of owning a business and it exists to help people just like you.

Union Member, City Worker or State Employee? We Know Labor and Civil Service Law Inside Out

We are also extremely experienced in representing union members who have suffered workplace injuries, as well as injured civil servant, state and city/municipal employees. When you're involved in a third-party workplace injury, in which a non-job-related factor is involved, recognizing a workers comp claim can be even more complex.

So if you were injured at work, call the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today toll-free at (800) 692-3717 or contact us online for a free evaluation. There is no obligation and every discussion is personalized and confidential.

Hard-working New Yorkers have been counting on us for over 80 years to fight for their rights and you can too. Call us today-we're the knowledgeable, fearless New York personal injury legal team you want on your side.