Workers’ Compensation Lawyers in Westchester, NY

You Need the Workers’ Comp Benefits You Deserve — We’ll Fight for You

Navigating the workers’ compensation system after an injury can be overwhelming, especially when you’re focused on healing. Our Westchester workers’ comp professionals understand the stress and uncertainty you’re facing. Whether you need help filing an initial claim, securing full medical coverage, or appealing a denial, we’re here to guide you through the process.

Can I Get Workers’ Comp After a Work Injury?

Most workplace injuries in New York qualify for workers’ compensation benefits, regardless of who was at fault. However, there are important eligibility rules, and our team can help you determine whether your situation meets the criteria. 

Generally, you must be an employee (not an independent contractor), and your injury must have happened within the course of your employment. Even injuries that develop over time, like repetitive stress injuries, can be eligible for compensation. Don’t let uncertainty hold you back; find out today if you have a valid claim.

We’ve Handled Workplace Injuries Like Yours

Workplace accidents take many forms, and some industries carry higher risks than others. Our team has in-depth experience handling a wide range of work-related injury claims, including:

Car Accidents

If your job involves driving or being a passenger in a commercial vehicle, an accident can lead to complex workers’ compensation claims. We’ll establish the right avenue for securing benefits.

Truck Accidents

Truck drivers face unique risks on the road. If you were injured in a truck accident while working, we’ll fight to get you the benefits you deserve.

Bus Accidents

Bus drivers, as well as other employees in the public transportation sector, may be entitled to workers’ compensation after an on-the-job accident.

Uber and Lyft Accidents

Rideshare drivers have complex insurance situations. We’ll work through the details to pursue the maximum compensation allowed.

Construction Accidents

Construction sites are inherently hazardous. Falls, equipment malfunctions, and other mishaps can result in serious injuries. We’ll hold all responsible parties accountable.

Scaffolding Accidents

Faulty scaffolding and safety violations put construction workers at extreme risk. We’ll thoroughly investigate your case to maximize your compensation.

Slip and Fall Accidents

Slippery floors, unsafe walkways, and cluttered environments can cause slips and falls in any workplace, leading to significant injuries.

& More

This isn’t an exhaustive list. If you were injured at work, chances are we have experience with similar cases.

Understanding Workers’ Comp Attorney Fees

Most workers’ compensation lawyers work on a contingency fee basis. This means you don’t pay anything up front, and attorney fees are only collected if you win your case. 

The fee is typically a percentage of your settlement or award, and it must be approved by the Workers’ Compensation Board. This system ensures injured workers have access to legal representation without worrying about out-of-pocket costs. We offer free consultations to discuss your case and explain our fee structure in detail.

Don’t Settle for Less — Maximize Your Workers’ Comp Benefits

Insurance companies often try to minimize payouts. We’ll fight for every dollar you deserve, including medical expenses, lost wages, and potential disability benefits. Contact us today for a free case evaluation.

GET FREE CASE REVIEW

What Injuries Are Covered by Your Workers’ Compensation Insurance?

Broken Bones

Fractures and breaks sustained in falls, equipment accidents, or other workplace mishaps can require surgery and impair a worker’s ability to perform their typical duties. 

Brain Injuries

Brain injuries can occur from a variety of workplace accidents, including falls, blows to the head, and exposure to toxic substances. Symptoms can range from mild headaches to memory loss, impaired coordination, and coma.

Spine Injuries

Workplace accidents can lead to a range of spine injuries, including herniated discs, spinal cord damage, and fractured vertebrae. These injuries can cause chronic pain, limited mobility, and nerve damage.

Burn Injuries

Burn injuries can be caused by fires, explosions, and contact with hot materials or chemicals. Depending on the severity, burns can cause significant pain, scarring, and long-term medical complications.

Catastrophic Injuries

Catastrophic injuries are severe and life-altering. These can include spinal cord injuries, amputations, and severe brain trauma. 

Knee Injuries

Knee injuries are common in occupations that involve heavy lifting and kneeling. Torn ligaments, meniscus injuries, and dislocations can all occur at work.

Paralysis Injuries

Paralysis injuries involve a complete or partial loss of movement in a specific part of the body. This can happen due to spinal cord damage or nerve injuries. 

& More

This isn’t a complete list. If you’ve been injured at work, it’s important to seek medical attention and document the circumstances of your injury.

Workers’ compensation coverage for these injuries can vary depending on the specifics of the case. It’s crucial to consult with a Westchester workers’ compensation lawyer to understand your rights and potential benefits.

Lost Wages, Medical Bills, and More: The Workers’ Comp Benefits You May Be Entitled to Receive

Workers’ compensation in New York is designed to help injured workers recover financially after an on-the-job accident. The types of damages you may be able to recover include:

Medical Expenses

Coverage for all necessary medical treatment, including doctor's appointments, hospital stays, medications, and rehabilitation.

Lost Wages

Damages for a portion of your lost income if your injury prevents you from working.

Disability Benefits

Compensation for permanent partial or total disabilities that impact your future earning potential.

In some instances, vocational rehabilitation, death benefits, and specific loss benefits may be available.

Workplace Accident in Westchester: What to Do to Protect Your Rights

It’s important to act quickly and decisively to protect your health and your right to compensation after a workplace injury. Here’s what you should do:

Seek Medical Attention

Get immediate care, even for seemingly minor injuries.

Report the Accident

Notify your employer as soon as possible, following their reporting procedures.

Document Everything

Write down details of the accident, take photos if possible, and collect witness information.

Contact an attorney to get personalized advice on your circumstances. At Tomkiel & Tomkiel, our attorneys are adept at thoroughly investigating every aspect of workplace accidents. We will collect evidence to support your claim and advocate tirelessly for your best interests.

Workers’ Compensation vs. Personal Injury Claims

Workplace injuries can raise complex legal questions. Understanding the difference between workers’ compensation and personal injury claims is crucial for protecting your rights.

Workers’ Compensation

A workers’ compensation claim follows a no-fault system, which means you’re usually entitled to benefits regardless of who caused the accident. However, benefits may be limited. Damages focus on medical bills, lost wages, and disability, but they generally don’t cover pain and suffering.

It’s important to note that once you accept benefits, you can no longer sue your employer. A lawyer can help you determine which avenue of legal recourse is right for you.

Personal Injury

Unlike a workers’ comp claim, a personal injury claim requires proving fault. You must demonstrate that another party’s negligence caused your injury. 

One of the major advantages of choosing a personal injury claim over workers’ comp is that it allows you to get damages for pain and suffering, emotional distress, and other losses.

Additionally, a personal injury claim does not bar you from suing your employer. If a fair settlement cannot be reached with the insurance company, you can go to court with a lawsuit.

Which Applies to Your Situation?

Sometimes, an injured worker might have both a workers’ compensation claim and a potential personal injury claim against a third party (someone other than their employer). Determining the best path for your case requires careful legal analysis.

Our team has experience handling both types of claims. Contact us for a consultation to discuss your specific situation.

What Happens During a Workers’ Comp Independent Medical Exam (IME)?

An independent medical examination is a medical evaluation requested by the insurance company involved in your claim. The doctor conducting the IME is not your regular doctor and is chosen by the insurance company.

The purpose of the IME is to assess your injury, determine whether it’s work-related, and evaluate your current treatment plan. It’s important to be prepared for your IME, as the doctor’s report can significantly impact your benefits.

Don’t Give Up: How to Appeal a Workers’ Comp Denial

If your claim has been denied in Westchester, you have the right to appeal. The appeals process is complex and involves several steps:

File an Appeal

You must file a formal appeal with the Workers' Compensation Board within a set timeframe.

Gather Evidence

Medical records, witness statements, and expert opinions can strengthen your case.

Attend a Hearing

A workers' compensation law judge will hear arguments and review evidence.

Further Appeals

Decisions can be appealed to the full Workers' Compensation Board and potentially to state courts.

Appealing a workers’ comp denial can be challenging. Our skilled attorneys can handle the process for you, fighting for the benefits you deserve.

What Impacts Workers’ Comp Settlements in Westchester County?

There’s no “typical” workers’ compensation settlement amount. Every case is unique, and the value of a settlement depends on factors like:

Severity of Your Injury

Serious injuries often result in larger settlements.

Lost Wages

The more income you've missed due to the injury, the greater the potential impact on your settlement.

Future Medical Needs

If your injury requires ongoing care, this is factored into the settlement.

Disability

Permanent disabilities lead to specific calculations under New York workers' comp laws.

We can review your case and provide an estimate of the potential settlement range during your initial consultation.