Workplace injuries can change your life in a single moment. One day you are doing your job, and the next you are dealing with medical appointments, missed paychecks and a claims process that can feel stacked against you.
At Miller & Caggiano, LLP, our attorneys have dedicated over 30 years of practicing law to helping clients throughout New York State understand their rights after workplace injuries and pursue the benefits they deserve.
If you’ve been hurt on the job, a workplace injury attorney New York workers turn to can protect your rights and fight for the full benefits you deserve. We provide aggressive representation to protect injured worker rights. Whether you were hurt in a sudden accident or developed a condition over time, our team can guide you through every step of your workers’ compensation claim, from the first report to your employer to the final resolution of your case.
You do not have to face the insurance company alone. Contact Miller & Caggiano, LLP today for a free initial consultation about your workplace injury.
What Are The Most Common Workplace Injuries In New York?
The most common workplace injuries in New York include back injuries from lifting, falls, being struck by objects, work-related vehicle accidents, repetitive stress injuries, and occupational diseases. They happen in every industry, from construction sites and warehouses to hospitals, schools, and offices.
Frequent workplace injuries include:
- Physical injuries from lifting heavy objects causing back strains, herniated discs, and muscle tears
- Fall injuries from ladders, scaffolding, or slippery surfaces resulting in fractures and head trauma
- Being struck by machinery, tools, or falling objects leading to crush injuries and lacerations
- Motor vehicle accidents occurring during work duties, including delivery drivers and rideshare drivers for services.
- Repetitive stress injuries such as carpal tunnel syndrome, cubital tunnel syndrome, tendonitis, and joint conditions
- Occupational diseases, including respiratory conditions from airborne irritants like asbestosis and silicosis and occupational cancers
- Chemical exposures causing burns, poisoning, or long-term health complications
- Workplace violence incidents resulting in physical and psychological trauma
- Heart attacks and strokes, which may be covered depending on the facts of your case
These injuries range from minor strains to debilitating conditions requiring extensive medical treatment. Some heal in a few weeks. Others can keep you out of work for months or change the kind of work you are able to do.
Are Occupational Diseases Considered Workplace Injuries?
Yes. New York workers’ compensation covers both accidental injuries and occupational diseases. Not every workplace injury happens all at once. Breathing in dust or chemicals for years, repeating the same motion every shift or working around hazardous materials can lead to illnesses that show up long after the exposure began.
For occupational diseases, the two-year deadline to file a claim generally starts when you knew or should have known that your condition was related to your work. Because these claims often depend on medical records and work history, it helps to speak with an attorney as soon as you suspect a connection.
What Rights Do Injured Workers Have In New York?
Injured worker rights in New York provide comprehensive protections through the state’s workers’ compensation system. You have the right to file a claim for monetary benefits and medical care when an injury or illness occurs during employment. New York law covers accidental injuries and occupational diseases without requiring proof that your employer was at fault.
You can choose your own treating physician authorized by New York State to treat work-related injuries. You must report your injury to your employer within 30 days and file with the Workers’ Compensation Board within two years from the accident date. Missing these deadlines may put your benefits at risk. If you belong to a union or work in civil service, your contract or Civil Service Law may also protect your job for a set period while you recover.
What Should You Do After A Workplace Injury In New York?
The steps you take right after an injury can make a real difference in your claim. If you have been hurt on the job:
- Notify your employer as soon as possible, preferably in writing, and no later than 30 days after the injury
- Get medical care and tell your doctor the injury is work-related
- Speak with a New York workers’ compensation attorney about your rights
- File an Employee Claim (Form C-3) with the Workers’ Compensation Board
- Avoid discussing your claim with anyone other than your doctor or your attorney
How Do Workplace Injury Settlements Work In New York?
Workplace injury settlements in New York involve negotiations between injured workers, insurance carriers, and the Workers’ Compensation Board. Settlements may cover medical treatment, lost wages, and permanent disability awards. One common option is a Section 32 Waiver Agreement, which must be approved by the Board and becomes final once it is approved. That is why it is important to understand what you may be giving up before you sign anything.
The technical nature of New York workers’ compensation law allows insurance carriers to minimize payouts. An experienced attorney can review your medical evidence, help determine whether you may qualify for temporary or permanent disability benefits, and push back when an offer does not reflect what your injury has truly cost you.
Some workplace injuries also open the door to other options. If you expect to be out of work for a year or more, you may want to consider Social Security Disability, which our firm also handles.
Why Work With Miller & Caggiano After A Workplace Injury?
For over 30 years, our attorneys have focused on helping injured and disabled workers across New York State. We know how the Workers’ Compensation Board operates, what insurance carriers look for, and how to build a claim that supports the benefits you need. We offer a free initial consultation, and virtual appointments are available if it is difficult for you to travel after your injury.
Frequently Asked Questions About Workplace Injuries In New York
How long do I have to report a workplace injury in New York?
You should notify your employer within 30 days of the injury, preferably in writing. You then have two years from the accident date to file your claim with the Workers’ Compensation Board.
Do I have to prove my employer caused my workplace injury?
No. New York workers’ compensation is a no-fault system. You generally do not need to prove that your employer did anything wrong to receive benefits.
Can I choose my own doctor after a workplace injury?
Yes. You may choose any doctor authorized by New York State to treat work-related injuries.
What if my workplace injury keeps me out of work for a long time?
If you expect to be out of work for a year or more, you may also qualify for Social Security Disability benefits. Our attorneys can help you understand how both programs may apply to your situation.
Contact Our New York Workplace Injuries Lawyers
We have offices in Bohemia and Garden City but serve clients throughout New York State. If workplace injuries have left you unable to work or struggling with a claim, you do not have to handle it alone. Contact Miller & Caggiano, LLP, today to schedule a free initial consultation through our online contact form.