Workers’ Compensation Lawyers in White Plains, NY

Your Partner in Recovery: 40+ Years of Workers' Comp Experience

At Tomkiel & Tomkiel, we understand that a workplace injury can be a traumatic experience. You may be facing medical bills, lost wages, and uncertainty about your future. 

Our team of dedicated workers’ comp attorneys will provide you with personalized attention, answer your questions, and guide you through the entire process. We are here to advocate for your rights and fight to get you the compensation you deserve.

Do I Qualify for Workers' Compensation Benefits in White Plains, NY?

In NY, you are generally eligible for workers' compensation benefits if you've suffered an injury or illness as a result of your employment. This includes injuries that occur on the job, as well as illnesses that develop due to exposure to hazardous conditions at work. 

However, there are specific requirements you must meet to be eligible for benefits, and it's important to consult with a lawyer to understand your rights and options.

Common Workplace Accidents We Handle

We have experience working with a wide range of work-related injuries, including:

Car Accidents

Injuries from accidents that happened while driving for work, being a passenger in a work-related vehicle, or while delivering for work.

Truck Accidents

Injuries sustained in truck accidents caused by negligent drivers, poorly maintained trucks, or unsafe road conditions.

Bus Accidents

We represent workers injured in bus accidents while commuting to or from their jobs. This can include accidents caused by negligent drivers, poorly maintained buses, dangerous road conditions, or bus company negligence.

Uber and Lyft Accidents

We handle workers' compensation claims for injuries sustained while using rideshare services for work-related travel.

Construction Accidents

Falls from heights, scaffolding collapses, exposure to hazardous materials, and more.

Pedestrian Accidents

Injuries to workers who are struck by vehicles while walking to or from work or during work-related errands.

Slips, Trips & Falls

Injuries due to dangerous conditions on the work premises, including spills, uneven floors, and poorly lit areas.

& More

We handle a wide range of work-related accidents, including motorcycle accidents, bicycle accidents, and more.

Dedicated Representation for Your Workers' Compensation Claim

Working with us offers numerous benefits when it comes to filing, defending, and appealing your claim if necessary.

• Navigate the System: We handle all the paperwork and communications with the insurance company, allowing you to focus on your recovery.
• Maximize Your Benefits: We will fight for the full amount of benefits you are entitled to, including lost wages, medical expenses, and permanent disability benefits.
• Fight Denials: We will appeal any denial of your claim and aggressively pursue a favorable outcome.
• Represent You at Hearings: We will advocate for your rights at all administrative hearings and court proceedings.

When you have been injured, handling every aspect of your workers’ comp claim by yourself can be overwhelming. Furthermore, you might miss details that can affect the outcome of your case. Leaving the legal intricacies to your lawyer gives you the peace of mind of knowing your claim is in good hands.

We Handle the Details, You Focus on Healing

Don't wait to seek legal help. Contact us today for a free consultation. We'll help you understand your rights and options and guide you through the process of pursuing your workers' compensation claim.

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Helping You Recover from Work-Related Injuries

Workers' compensation insurance typically covers a wide range of injuries, including:

Broken Bones

Fractures, sprains, and dislocations.

Brain Injuries

Concussions, traumatic brain injuries (TBIs), and other neurological conditions.

Spine Injuries

Back injuries, neck injuries, herniated discs, and spinal cord injuries.

Burn Injuries

Thermal, chemical, and electrical burns.

Catastrophic Injuries

Amputations, paralysis, and other serious injuries that require long-term care.

Knee Injuries

Torn ligaments, meniscus tears, and other knee injuries.

Paralysis Injuries

Paraplegia, quadriplegia, and other conditions affecting motor function.

What Benefits Can I Receive After a Workplace Injury in White Plains?

In the state of New York, workers' compensation benefits can include:

• Medical Expenses: Coverage for all reasonable and necessary medical treatment related to your injury.
• Lost Wages: Compensation for time missed from work due to your injury.
• Permanent Disability Benefits: Payments for long-term impairment or disability resulting from your injury.
• Death Benefits: Payments to surviving dependents in the event of a fatal workplace accident.

Determining which benefits you’re eligible to receive requires a comprehensive medical evaluation. A doctor chosen by the insurance company can attest to the severity of your injury and its impact on your ability to work and earn an income.

What Steps Should I Take After a Workplace Injury?

Performing the following steps can help you prove that your injury occurred in the course of your duties at work and that you deserve to be compensated for your losses. 

• Seek Medical Attention: Report the accident to your supervisor and seek medical attention immediately.
• Document the Incident: Gather information about the accident, including witness statements, photographs, and a copy of the accident report.
• Contact Your Employer: Notify your employer about the accident and request a workers' compensation claim form.

Lastly, speak to a qualified workers' compensation attorney as soon as possible to discuss your rights and options.

When to File a Workers' Comp Claim vs. a Personal Injury Claim

Workers' compensation is a "no-fault" system, meaning you do not have to prove negligence to receive benefits. However, there are limitations on the amount of benefits you can recover. 

Personal injury claims, on the other hand, are based on fault. If you can prove that someone else's negligence caused your injury, you may be able to recover additional damages, such as pain and suffering, lost earning capacity, and punitive damages.

What Is a Workers' Comp Medical Exam?

An independent medical examination (IME) is a medical evaluation performed by a physician chosen by the insurance company. It is a common part of the workers' compensation process. The purpose of the IME is to assess the extent of your injuries and determine your limitations. 

What to Do When Your Workers' Comp Claim Is Rejected

If your workers' compensation claim is denied, you have the right to appeal the decision. The appeals process can be complex, and it is essential to have a skilled attorney on your side. Your lawyer will file the necessary paperwork, prepare your case, and represent you at all hearings.

Workers' Comp Settlements in White Plains: What to Expect

The amount of a workers' compensation settlement depends on several factors, including the nature and severity of your injuries, your lost wages, and your future earning capacity.

At Tomkiel & Tomkiel, we will work to negotiate a settlement that is fair and just, considering all of these factors.