Workers’ Compensation Lawyers in Yonkers, NY

Your Yonkers Workers' Compensation Advocate

With decades of experience practicing law in New York, Tomkiel & Tomkiel lawyers combine deep knowledge of New York workers' compensation law with personalized legal services, providing compassionate support and unwavering advocacy throughout the entire process.

Is My Injury Covered by Workers' Comp in Yonkers, NY?

Workers' compensation in New York is a no-fault system designed to protect employees injured on the job. Generally, you are eligible for benefits if you:

• Are an employee (not an independent contractor).
• Suffered a work-related injury or work-related illness.
• The injury or illness occurred during the course of your employment.

However, the process for filing a workers' compensation claim and receiving benefits can be surprisingly complicated. Our legal team is prepared to help you navigate the system.

Common Workplace Accidents We Handle

Our attorneys have a comprehensive understanding of workplace injuries and the potential claims available to workers in Yonkers. Some of the common cases we take on include:

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, whether you were driving a company vehicle, a rideshare, or another vehicle for work purposes.

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. We investigate driver negligence, trucking company safety practices, and vehicle maintenance to build a strong case.

Bus Accidents

Bus drivers and other employees in public transportation may be entitled to workers' compensation after an on-the-job accident. We handle claims arising from accidents caused by negligent drivers, mechanical failure, dangerous road conditions, or bus company negligence.

Construction Accidents

Falls from heights, scaffolding accidents, injuries from using power tools, exposure to dangerous materials, and any other incident that occurs at a construction site.

Pedestrian Accidents

Injuries to workers who are struck by vehicles while walking to or from work or during work-related errands are often complex. We'll meticulously investigate to prove liability and ensure you get full compensation.

Slips & Falls

Slippery floors, uneven walkways, and cluttered environments can cause slips and falls in any workplace, leading to significant injuries. We'll work to determine the cause and hold the responsible party accountable.

Motorcycle Accidents

Accidents involving motorcycles used for work purposes fall under workers' compensation. We have experience handling these specialized claims to ensure you receive the benefits you're entitled to.

& More

We handle a wide range of work-related accidents, including Uber & lyft accidents, bicycle accidents, and more. No matter how your workplace accident happened, we're here to help.

Workers' Comp Attorney Fees Explained

At Tomkiel & Tomkiel, our Yonkers workers' compensation attorneys work on a contingency fee basis. This means you don't pay any upfront fees. We only get paid if we win your case. Our fee is a percentage of the total compensation we recover for you. This percentage is subject to approval by the Workers' Compensation Board. This arrangement ensures that you can access quality legal representation without the financial burden of upfront costs.

You Deserve an Advocate Who Truly Cares

Let Tomkiel & Tomkiel fight for the workers' compensation benefits you deserve — contact us for a free consultation.

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Workplace Injuries Covered with Compensation

At Tomkiel & Tomkiel, we have extensive experience representing injured workers in Yonkers and securing the compensation they deserve. We handle a wide variety of workplace injuries:

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.

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, often requiring extensive long-term care.

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.

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.

& More

This is not an exhaustive list of work-related injuries. If you've been hurt on the job, it's vital to get medical care right away and keep detailed records about what happened.

No matter the severity of your injury, we are here to fight for your rights and help you recover. Our experienced attorneys understand the complexities of workers' compensation and will work tirelessly to ensure you receive the compensation you deserve.

Workers’ Compensation vs. Personal Injury Claims

Workers' compensation benefits often provide coverage for medical treatment and partial wage replacement regardless of fault, but there are limits. A personal injury claim, however, is based on another party's negligence.

While many cases focus on workers' compensation, it may be possible to pursue a personal injury claim in addition to your workers' compensation claim, especially in cases involving a third party.

What Are the Workers’ Comp Benefits Available?

In New York, workers' compensation laws are designed to provide financial protection to employees injured on the job, regardless of fault. This system aims to ensure that injured workers receive the medical care they need and are compensated for lost income while recovering. You may be entitled to:

• Medical expenses: Coverage for all reasonable and necessary medical treatment related to your work injury. This can include doctor visits, hospital stays, surgery, physical therapy, medication, and other related expenses.
• Lost wages: Compensation for a portion of your lost income if your injury prevents you from working. This is intended to help replace the wages you've lost while unable to perform your job duties.
• Disability benefits: Payments for permanent partial or total disabilities resulting from your work-related injury. If your injuries result in long-term limitations, you may be eligible for ongoing disability payments.
• Death benefits: Payments to surviving dependents in the event of a fatal workplace accident. In the unfortunate event of a fatality, surviving spouses and children may receive financial support to help them cope with their loss.

In some instances, additional benefits such as vocational rehabilitation or specific loss benefits may also be available. These benefits can help alleviate the financial burden and allow you to focus on your recovery.

Steps to Take to Get Workers' Comp

After a workplace injury in Yonkers, timely action matters to protect your rights. Here's what to do:

• Seek medical attention: Get immediate medical care, even if your injuries seem minor. Document everything, including the date, time, location, and nature of your injuries.
• Report the accident: Notify your employer as soon as possible, following their established accident reporting procedures. Obtain a copy of the accident report.
• Gather evidence: Document the accident scene with photographs or videos. Collect witness contact information.

Contact Tomkiel & Tomkiel to get help with filing a workers' compensation claim, and handling communications with your employer and the insurance company.

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

An Independent Medical Examination (IME) is a medical evaluation conducted by a doctor chosen by the insurance company handling your workers' compensation claim. This exam is a standard part of the claims process. The doctor who performs the IME is not your chosen physician; they are independent and work for the insurance company.

The purpose of the IME is to evaluate the nature and extent of your injuries, determine whether your injuries are work-related, and assess your medical treatment plan. The doctor's report will be used to determine your eligibility for benefits and the amount of compensation you may receive.

What If Your Workers’ Comp Claim Denied

If your workers' compensation claim is denied in Yonkers, don't give up. You have the right to appeal the decision. The appeals process can be complex, involving numerous steps, including gathering additional evidence, filing the appropriate paperwork, and appearing before a Workers' Compensation Law Judge.

At Tomkiel & Tomkiel, we'll pursue all available avenues to overturn a denial. We'll represent your interests at hearings and appeal the decision to the Workers' Compensation Board and, if necessary, to the appellate courts.

What Impacts Workers’ Comp Settlements in Yonkers?

There's no single "average" settlement amount for workers' compensation cases in Yonkers. The value of your settlement will depend on several factors:

• Severity of your injury: More severe injuries, requiring extensive medical treatment and resulting in permanent limitations, typically lead to larger settlements.
• Lost wages: The amount of income you've lost due to your injury significantly impacts the settlement amount.
• Future medical needs: If your injury requires ongoing medical care or rehabilitation, these future costs will be factored into the settlement calculation.
• Disability: The extent of any permanent disability, whether partial or total, will influence the settlement amount. New York workers' compensation laws provide specific calculations for various levels of disability.