How Surveillance and Social Media Can Be Used Against SSD Applicants

What New York Disability Applicants Need to Know Before Posting or Going Out in Public

Applying for Social Security Disability benefits is already stressful. You are dealing with medical limits, financial pressure, and a system that often feels stacked against you. What many New Yorkers don’t realize is that while you’re trying to prove your disability, the government may be quietly watching you. Surveillance and social media monitoring are real tactics that can be used to challenge your claim.

At Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, our lawyers represent New Yorkers in SSD cases every day. We see firsthand how often online activity and everyday behavior are misinterpreted and used to deny benefits. For anyone searching for a Social Security Disability lawyer in New York, understanding these risks early can protect your claim before damage is done.

Why Surveillance Plays a Role in Disability Cases

The Social Security Administration doesn’t rely solely on medical records. If there are questions about whether your condition truly prevents you from working, surveillance may be used to look for what they call “inconsistencies.” This can include video footage, photographs, and even witness reports.

Insurance carriers are far more aggressive in private disability cases, but SSD cases are not immune to such tactics. In some situations, investigators observe claimants in public settings such as grocery stores, parking lots, or outside medical appointments. A brief moment of movement without context can be taken out of proportion and used to suggest that your condition is not as limiting as you claim.

The danger is not in what you are actually capable of doing. The danger lies in how limited snapshots of your life can be misunderstood when stripped of medical background, pain levels, or recovery time.

How Social Media Becomes Evidence

Social media has quietly become one of the most powerful tools used against disability applicants. Even private accounts can sometimes be accessed through tagged photos, shared content, or third-party posts.

What makes social media so dangerous is that it shows moments, not reality. A single smiling photo can be used to argue that depression is not severe. A post from a family gathering can be twisted into an alleged physical capability. A lighthearted comment can be misread as proof that pain is exaggerated.

Common types of posts that are often used against SSD applicants include:

Photos Showing Activity: Walking, travel, events, or hobbies with no explanation of recovery time or resulting pain.
Check-Ins and Location Tags: Used to argue mobility or stamina.
Old Posts Resurfaced: Content posted years earlier that no longer reflects current health limitations.
Third-Party Tags: Friends or family posting images that applicants never approved for disability review.

Even when posts are accurate, they rarely show the aftermath. They don’t show signs of exhaustion, flare-ups, or medical consequences after brief periods of activity.

What Most People Don’t Realize About Surveillance

Surveillance is rarely about catching you doing something dramatic. It’s about building a misleading narrative from routine behavior.

Buying groceries, carrying a light bag, bending to tie a shoe, or standing at a bus stop can all be edited into a version of reality that suggests you can work. The law doesn’t require investigators to show the full picture. They only show the moments that support denial.

The result is that applicants are sometimes forced to defend everyday survival tasks as if they were proof of employability. This is where experienced legal guidance becomes critical. Without the right medical explanation and legal framing, these small moments can unfairly derail valid claims.

How Surveillance and Social Media Affect Different Types of Disability Claims

Surveillance and online monitoring impact both physical and non-physical disability cases.

In physical injury cases, short bursts of movement may be misused to disregard chronic pain, nerve damage, cardiac conditions, or orthopedic limits. In mental health cases, social interaction in controlled environments is often wrongly used to deny severe anxiety, PTSD, or major depressive disorders.

Invisible injuries suffer the most under this system because they rely heavily on medical consistency, credibility, and symptom history rather than visible proof.

What You Should and Should Not Do During an SSD Claim

We never advise clients to live in fear or isolate themselves. But awareness matters. Protecting your case doesn’t mean stopping life. It means understanding how innocent actions can be misinterpreted.

Here are practical guidelines that protect your credibility:

Limit Social Media Posting: Especially content that shows physical activity, travel, or events.
Avoid Commentary About Your Case Online: Even general statements can be misunderstood.
Assume Public Activity Can Be Observed: Always act within your medical limitations.
Follow Medical Restrictions Consistently: Gaps between reported limits and observed activity create vulnerabilities.

This isn’t about hiding. It is about making sure your real medical condition is accurately represented.

Why Legal Guidance Matters More Than Ever

Once surveillance footage or social media evidence is introduced into a disability case, the burden often shifts unfairly onto the applicant. Instead of focusing on medical proof, applicants are forced to explain everyday moments that were never meant to define their health.

Our firm regularly defends clients against these tactics by:

Connecting activity to documented medical limitations
Demonstrating post-activity pain and recovery requirements
Exposing selective editing and misleading timelines
Reinforcing consistency across medical records and testimony

The law allows surveillance. It also allows us to challenge it when it distorts reality.

The Emotional Toll of Feeling Watched

Beyond legal risk, surveillance carries a psychological burden that many applicants never anticipate. Feeling watched can make people second-guess basic actions. It can deepen anxiety, make depression worse, and isolate people who already feel vulnerable.

No one seeking disability benefits should feel like their daily life is under a microscope. But until claims are resolved, it’s smart to act with informed caution rather than blind trust.

How We Protect Social Security Disability Claimants

At Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, our attorneys prepare disability cases as if surveillance already exists. That approach allows us to:

Anticipate how behavior may be interpreted
Prepare medical explanations before the issue is raised
Strengthen credibility through consistent documentation
Prevent small moments from becoming major obstacles

We fight to make sure disability decisions are based on medical truth, not selective snapshots.

Protect Your SSD Claim Before It’s Challenged

If you’re applying for disability benefits or already facing questions about your activity or online presence, timing matters. The earlier you understand how surveillance and social media affect your case, the stronger your protection becomes.

If your SSD claim has been denied, delayed, or questioned due to surveillance or online activity, we can help you defend your credibility and pursue the benefits you deserve.

Give us a call or contact us online to schedule a free consultation. We’re based in New York but offer legal representation for SSD claims nationwide.

“I am truly grateful for the support I received during my disability application process. Daisy Gonzalez played an invaluable role in making sure my application was submitted on time, carefully handling all my medical records and keeping me updated at every stage. Her respectful attitude, proactive approach, and constant attention to detail gave me confidence throughout this difficult process.” – Atul S., ⭐⭐⭐⭐⭐

Prior results do not guarantee outcomes.
Attorney Advertising.

Workers Have Rights When Employers Ignore Winter Safety Hazards

Close-up of a serious-looking construction worker in a yellow hard hat and knit beanie, with his breath visibly clouding in the cold air.

Icy Walkways, Cold Stress, and Unsafe Job Sites Put Workers at Risk

Winter changes everything about the way New Yorkers work. Icy sidewalks, freezing wind, and limited daylight can turn a normal shift into a hazardous one. For construction workers, delivery drivers, maintenance crews, and others who work outdoors, winter is more than an inconvenience; it is a season full of preventable dangers.

Little data is available on how extreme cold affects workers in New York City, according to the city’s comptroller, but exposure can cause fatigue, confusion, loss of coordination, and hypothermia. Ice and snow also heighten the risk of traffic accidents, especially for delivery workers.

When employers fail to prepare for those dangers, workers pay the price. An NYC workers’ compensation lawyer often sees how these preventable hazards lead to serious injuries and financial hardship. Under New York law, employees injured by unsafe winter conditions have the right to seek workers’ compensation benefits and, in some cases, third-party liability claims.

How Employer Negligence Creates Dangerous Winter Worksites

Cold weather alone doesn’t cause most workplace accidents. What makes a job site unsafe is an employer’s failure to recognize and address predictable hazards. OSHA requires employers to take reasonable steps to prevent injuries from known risks such as ice, snow, and exposure to extreme cold.

Likewise, New York Labor Law holds property owners and contractors responsible for providing safe working conditions and equipment. When employers ignore those obligations, they expose workers to serious harm and legal violations.

A safe winter job site begins with prevention. Regular inspections, adequate lighting, and proper de-icing are among the most basic measures that protect employees. When employers skip these steps, workers face hazards that can lead to life-altering injuries or worse. The most common winter jobsite risks often involve a combination of negligence and poor planning.

Common Winter Hazards That Lead to Workplace Injuries

Every year, New York workers are hospitalized after slipping, falling, or suffering cold-related illnesses on the job. The following are some of the most frequent hazards that appear when winter conditions are ignored:

Icy walkways and stairs: Thin layers of ice on scaffolds, ladders, or sidewalks cause serious falls. Employers are responsible for salting, sanding, and clearing paths to keep them safe.
Falls from heights: Slippery ladders, icy scaffolds, and frozen platforms make high-elevation work especially dangerous in winter. Employers must ensure fall protection systems are in place and that surfaces are cleared and inspected before use.
Falling snow and ice: Snow and icicles that build up on rooftops or scaffolding can drop suddenly and strike workers below. Barricading danger zones and clearing overhead areas are essential safety measures.
Cold stress and frostbite: Exposure to extreme cold without warm-up breaks or proper clothing can lead to hypothermia or frostbite. Workers must be given time and equipment to protect themselves from the cold.
Equipment failures: Cold weather can cause hydraulic systems to freeze, batteries to drain, and metal to become brittle. Machines that aren’t inspected or stored properly can malfunction and cause crushing or amputation injuries.
Black ice in parking lots and loading areas: Invisible ice on driveways and docks can cause both slip-and-fall injuries and vehicle collisions. Frequent inspections and de-icing reduce this risk.

These hazards reflect conditions that could have been prevented with proper planning and supervision. When employers neglect these duties, injured workers should not have to bear the financial burden alone.

A workers’ compensation attorney can help determine whether unsafe work conditions caused the accident and whether a third party, such as a contractor or property owner, may share responsibility.

Workers’ Legal Rights Under New York Law

In New York, employees injured due to unsafe winter conditions are generally entitled to workers’ compensation benefits. These benefits cover medical care, partial wage replacement, and, in severe cases, permanent disability.

However, workers’ compensation does not always cover the full cost of an injury. When a third party’s negligence contributes to an accident, injured workers may also have the right to file a personal injury lawsuit.

Employers are expected to comply with both OSHA and state safety standards. Failure to follow those rules can also amount to a violation of New York Labor Law, which requires employers and property owners to provide a safe work environment and proper equipment.

These laws apply to construction, maintenance, and other labor-intensive work, especially in conditions where ice, snow, or inadequate lighting increase risk.

Workers should never assume that an injury caused by winter weather is “just bad luck.” In many cases, it results from an employer’s failure to take safety seriously. An attorney experienced in New York workers’ compensation and work injury law can review the facts of a case, gather evidence, and pursue all available sources of recovery.

Take Action Before Legal Deadlines Pass

For union members, construction crews, and city workers across New York, knowing your rights is crucial. Holding negligent employers accountable not only provides financial relief but also helps prevent future workplace accidents.

New York has strict deadlines for filing workers’ compensation and personal injury claims. Acting quickly allows injured employees to protect their rights, preserve evidence, and access medical care without delay. Waiting too long can jeopardize benefits and limit the ability to recover full compensation.

Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has represented New York’s workforce for more than 90 years, recovering billions for injured workers across the state. Our record of results includes settlements and verdicts for construction accidents, falls, equipment failures, and exposure-related injuries.

Anyone injured on a New York job site because of unsafe winter conditions should schedule a free consultation with us as soon as possible. Speaking with an experienced member of our legal team provides clarity, protection, and peace of mind during a difficult time, because every New Yorker deserves a safe workplace, no matter the season. Contact us today for a free consultation to learn more.

“I have nothing but good experiences. The staff is very cordial, and professional, and very timely. They definitely do their work. I have a good experience with Joseph. He’s very professional and works to solve the issues that I present to him.” – Flavia R., ⭐⭐⭐⭐⭐

Prior results do not guarantee outcomes.
Attorney Advertising.

Nearly 30% of Workers With Pain Don’t Report It, Says NSC

Construction worker wearing a yellow hard hat holding his lower back in pain, with a red highlight indicating injury.

Reporting a work injury can protect your health and your potential workers’ comp claim

If you’re in New York and experiencing pain on the job, you may be eligible for workers’ compensation benefits. However, nearly 30% of workers who experience pain on the job never report it. That means suffering in silence day after day, even when help is available.

While safety leaders pat themselves on the back for strong workplace cultures, the people actually doing the work often feel ignored, dismissed, or even punished for speaking up.

What did the NSC survey reveal?

The National Safety Council (NSC) surveyed nearly 1,000 frontline workers across industries such as manufacturing, healthcare, and warehousing. What they found was a huge disconnect between what management thinks is happening and what workers actually experience, especially when it comes to musculoskeletal disorders (MSDs).

If you’ve ever rubbed your aching back after a long shift, iced your wrists after a day of typing, or shrugged off a twinge in your shoulder because “it’s just part of the job,” it’s important to remember that help is available.

Often, the cost of staying silent about a work injury is higher than you may think. That’s why it’s so important to consult an attorney who can help you get the medical treatment and workers’ comp benefits you’re entitled to under New York law.

What workers really think vs. what managers believe

The NSC’s report, Frontline Worker Perspectives on MSD Prevention, didn’t just confirm what many of us already suspected; it quantified the gap between perception and reality. Most workers know safety programs exist. They’ve sat through the trainings, seen the posters, and maybe even worn the ergonomic brace or lifted with their knees a few times. But knowing a program exists doesn’t mean they understand how it applies to them or that they trust it’ll actually help.

Too many workers don’t recognize the early signs of MSDs as something serious. Even if they do, they often don’t know how or where to report it, or they assume nothing will change if they do.

Why do workers stay silent about injuries?

You’d think something as common as back pain or carpal tunnel would be easy to spot. But many workers don’t realize that persistent soreness, numbness, or stiffness could be the first sign of a serious work injury. They may assume it’s just part of getting older, part of the job, or something they should tough out.

Even if they do suspect something’s wrong, the process for reporting it is often confusing or nonexistent. Is there a form? Who do you tell? Will anyone even care? Without clear answers, they may believe it’s easier to stay quiet.

Additionally, workers often fear that reporting pain will result in their being fired, demoted, or labeled a complainer. In some workplaces, there’s an unspoken rule: If you can still move, you can still work. Admitting you’re hurt feels like admitting you’re weak.

How can workers and employers break the silence?

If you’re suffering from an MSD or another work-related injury, here’s how you and your employer can break the silence:

Make work injuries easy to understand: Skip the jargon and explain pain in plain terms. Use real photos of proper vs. improper techniques and share stories of workers who avoided serious injuries by speaking up early. Teach early warning signs such as numbness, tingling, and stiffness.
Remove the fear of reporting: Offer anonymous channels so workers can report pain without fear of reprisal. Train trusted workers as safety reps to answer questions and ease concerns.
Show that reports lead to action: If a worker reports wrist pain, adjust their tasks, provide support, and tell them what you did. Celebrate workers who speak up about hazards, not just those who “tough it out.”
Lead with empathy, not just rules: Train managers to respond with “Let’s get you help” instead of “You knew the job was hard.” Reward safety, not silence, and praise those who report hazards, not those who ignore them.

You don’t need to suffer in pain at work. Talk to a New York workers’ comp lawyer today about your potential legal options.

The pain that started as a nagging twinge has become an MSD that steals your sleep and your paycheck. Workers’ comp should be your safety net, yet insurance companies often downplay, delay, and deny valid claims.

Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has spent over 90 years protecting injured New Yorkers. We cut through the red tape, help you navigate the workers’ comp process, and push back when benefits are reduced or denied.

If there’s a dispute, we build the record for hearings and appeals, so you can focus on healing while we handle the fight. During a free consultation, we listen to how your job duties caused or aggravated your injury, review medical notes, incident reports, and pay history, then explain the benefits available and the realistic timeline from claim to potential settlement.

Contact us online or call one of our New York law offices today to set up your free consultation. We serve clients throughout New York, including NYC, Westchester County, Long Island, and Upstate New York.

“Great legal team. Clients are kept informed of every step. Sherly Romero at the firm is super professional and always available to address any concerns. Highly recommend.” – P.C., ⭐⭐⭐⭐⭐

Prior results do not guarantee outcomes.
Attorney Advertising.

Construction Industry Eyes Telematics as a Safety Investment

A construction worker at a New York City job site holds a rugged telematics device displaying GPS, speed, alert, and data functions, with excavators, orange safety barrels, and urban buildings in the background.

Too many construction transportation crashes get written off as “part of the job.”

Construction companies operate a large fleet of pickups, service trucks, and crew vans. Every mile on the road is a risk, and small and midsize firms often lack the same safety resources as larger fleets.

A new effort led by the National Center for Construction Safety (NCCS) at the University of Kansas, backed by the nonprofit Job-Site Safety Institute (JSI), is looking squarely at one question: Can telematics meaningfully cut crash frequency and severity of construction accidents for these firms?

What are common types of construction transportation accidents?

The most common types of transportation accidents in construction, both on public roads and inside work zones, include:

Work-zone intrusions: A passing driver enters the work area and strikes a worker, a work vehicle, or equipment.
Backovers and runovers: A truck or piece of equipment reverses and hits a pedestrian worker, often due to blind spots, noise, or poor spotter/driver communication.
Pedestrian struck-by incidents (non-backing): Workers on foot are hit by moving dump trucks, loaders, pickups, or other rolling equipment moving forward within the work area.
Roadway crashes involving work vehicles: Collisions with other vehicles (rear-end, angle, and head-on), collisions with fixed objects, and loss-of-control incidents while crews are traveling to or between sites.
Nonroadway vehicle collisions: Crashes between mobile equipment (e.g., dump truck vs. skid-steer) within the site or yard, often during tight maneuvers or poor traffic separation.
Vehicle/equipment rollovers or tip-overs: Dump bodies up, soft shoulders, or high centers of gravity can lead to rollovers during hauling, turning, or dumping.
Loading/unloading strikes and shifting loads: Workers are hit by moving trucks, trailers, or by materials that shift or fall during loading, unloading, or securing activities near the vehicle path.
Equipment entering/exiting traffic: Crashes occur when work vehicles merge with live traffic near taper zones or temporary lane closures. Speed and driver inattention among the public elevate the risk.

What problem is this study trying to solve?

Work-related transportation incidents are a leading threat to worker safety in construction, year after year. The project funded by JSI asks researchers to build a business case study for small and mid-sized enterprises (SMEs). It examines whether telematics can improve driver behavior, whether it reduces crash frequency and severity, and whether it’s worth the cost for smaller fleets.

The scope specifically compares two tiers of technology: GPS/data-only telematics and GPS plus video (dash cams). It looks at practical adoption barriers such as price, privacy concerns, and “too much data” without a clear plan to use it.

Timeline-wise, JSI announced the request for proposals on January 15, 2025. Submissions were due March 15, 2025, and a final case study is expected by December 31, 2025.

How does telematics actually change driver behavior?

Telematics isn’t just “dots on a map.” Modern systems capture vehicle location, distance driven, time of day, acceleration and hard braking, cornering, top speed, seat-belt use, and even potential cellphone use or activation of electronic warnings.

When paired with video, they add context around near-misses and risky habits. That stream of signals becomes the raw material for coaching and policy. This includes weekly reviews, thresholds for unsafe events, incentive programs for improvement, and consequences when coaching doesn’t stick.

The mechanism is simple and powerful: visibility leads to feedback, which translates to consistent reinforcement. Drivers get timely coaching on specific behaviors. Supervisors see trends across the fleet. Safety leaders align telematics with MVR checks, new-driver orientation, refresher training, and periodic driver meetings.

Over time, the goal is fewer risky behaviors (speeding, distraction, not buckling up), which should translate into fewer crashes and lower costs. The heart of the NCCS/JSI study design is to measure behavior change and crash outcomes, not just install hardware and hope for the best.

What can contractors do right now?

You don’t have to wait for the final paper to benefit. Use the study’s framework to build a simple, practical plan. This includes:

Starting with a pilot. Pick a representative slice of your fleet (a few pickups and service trucks) and define what you’ll measure (e.g., speeding over posted limit, hard-brake events per 100 miles, and seat-belt compliance).
Choosing the right tier. GPS/data-only systems reveal patterns. Adding video gives context and sharper coaching. The study will compare both, which is a smart way to frame evaluations.
Closing the loop with coaching. Review results weekly or monthly, set thresholds, and recognize improvements. Tie telematics to existing safety programs such as MVR checks, onboarding, refreshers, and incentives.
Being transparent. Contractors can explain what they collect, who sees it, how long they keep it, and how it’s used. Address privacy and “data overload” upfront so drivers understand it’s about safety, not surveillance.
Tracking outcomes, not just events. Log near-misses, collisions (even minor), and repair downtime. Internal results can later be compared with the NCCS/JSI findings when they’re published.

Hurt in a construction transportation accident? Talk to a New York construction accident lawyer today.

When a job site injury turns your life upside down, you need a team that moves fast and knows New York law. Pasternack Tilker Ziegler Walsh Stanton & Romano LLP digs in from day one. We preserve evidence, interview witnesses, and line up the medical proof your case deserves. We can guide you through a workers’ compensation claim and, when a non-employer is responsible, pursue a third-party claim. You focus on healing. We handle the claim, the calls, and the pushback.

Your free consultation is practical and pressure-free. We’ll listen to what happened, review any photos, incident reports, or medical records you have, and explain your options clearly. You’ll leave with a clear game plan and answers to your questions.

We also work on a contingency fee basis, so you pay nothing up front for our services and no fees unless we win your case. Deadlines move fast, so let us start protecting your rights today.

We proudly serve injured workers across all five NYC boroughs, including the Bronx, Manhattan, Brooklyn, Queens, and Staten Island. If you were hurt on a construction site, contact us online or call for a free consultation.

“I had to use them on 4 different occasions (cases) and they never disappointed me. Very professional and reliable. Highly recommend.” — M.T., ⭐⭐⭐⭐⭐

Prior results do not guarantee outcomes.
Attorney Advertising.

Workers’ Comp Trends Show Fewer Injuries, Slower Returns

Warehouse workers wearing safety gear moving cardboard boxes along a conveyor system in a large industrial facility.

The 2025 Injury Impact Report analyzed over 2.6 million workers’ compensation claims

At first glance, it sounds like good news: workplace injuries are happening less often. But dig a little deeper, and the story becomes more nuanced. A new report from The Travelers Cos. reveals that while the frequency of injuries is down, the time it takes for workers to recover and return to their jobs is going up.

The 2025 Injury Impact Report draws on more than 2.6 million workers’ compensation claims filed over the past decade, covering a wide range of industries. Over just the past five years, businesses filed 1.2 million claims. That’s roughly 200,000 fewer than the five years before. But during that same period, injured employees missed an average of 80 workdays, up from 75 days between 2015 and 2019.

The numbers tell a story of a workforce that’s getting hurt less often, but when it does, recovery is slower. That raises questions about what’s behind the shift and what employers can do to address it.

What risk do first-year employees face?

Travelers’ data points to a persistent issue with inexperience. Employees in their first year of employment accounted for 36% of workplace injuries over the past five years. Those cases also accounted for 34% of the overall claim costs.

New hires often step into unfamiliar environments. They may not know the safest way to handle equipment or recognize workplace hazards. Even with training, adjusting to the demands of a new role takes time.

Without close supervision and reinforcement of safe practices, the chances of injury rise sharply. For businesses, that means onboarding isn’t just about filling out paperwork. It’s the first, and perhaps most important, line of defense against accidents.

How do longer recoveries affect the aging workforce?

According to the report, older workers are a growing share of the injured population. In the past five years, 41% of workplace injuries involved employees aged 50 or older. For those 60 and above, the average time away from work after an injury stretched to 97 days.

It’s not surprising that recovery might take longer with age. Bodies heal more slowly, and pre-existing conditions can complicate the rehabilitation process. But the demographic shift is undeniable. Retirement ages are climbing, and many businesses rely on experienced workers to fill skill gaps. That makes injury prevention and effective return-to-work programs especially important for older employees.

Why are recovery times increasing?

Rich Ives, Travelers’ senior vice president of business insurance claims, sees a combination of forces at play: higher retirement ages, steady employee turnover, and longer recovery times. Together, these trends increase the severity and the cost of workers’ compensation claims.

“Our aim with this report is to provide employers with insights on these dynamics that are contributing to growing claim severity so they can better navigate these workforce challenges, protect their employees, and keep their businesses running,” Ives said.

Building a safer workplace

The trends in the Travelers report aren’t likely to reverse overnight. The labor force will continue to evolve, with a blend of seasoned workers staying on longer and newer employees stepping into challenging roles. That reality calls for safety programs that are both proactive and responsive, meeting the needs of workers at every stage of their careers.

The Travelers’ report doesn’t just deliver statistics. It provides practical steps for employers to enhance safety and maintain business operations, such as:

Onboarding and training: This means more than a quick safety video on day one. It’s about consistent, hands-on guidance. New hires need clear expectations, regular check-ins, and ongoing reinforcement of safe work habits.
Safety culture: A workplace where safety is discussed openly, recognized, and rewarded is one where employees are more likely to speak up about hazards and follow safe practices. This kind of culture is built over time, from the top down, with visible leadership commitment.
Hiring practices: Attracting and retaining qualified candidates can make a measurable difference in safety outcomes. People with the right skills and mindset are better equipped to avoid risky situations and respond appropriately when problems arise.

Hurt on the job in New York? Our workers’ comp lawyers can help you get the benefits you deserve.

If you were injured at work, New York law allows you to receive workers’ compensation benefits while you recover. However, the process isn’t always easy, and any error can lead to delays or denial. For over 90 years, the New York workers’ compensation lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP have fought for workers who have been injured on the job. We understand the claims process and know how to achieve the best possible outcome for your case.

We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case. With more than 30 highly skilled attorneys, our firm has the resources and experience to take on insurance companies that try to delay, reduce, or deny your benefits. We prepare every case for trial, which often results in better settlements without the need to step into a courtroom.

From New York City, Long Island, and Westchester to Rockland County, Albany, Buffalo, Rochester, and Syracuse, our lawyers serve injured workers across New York. If you’ve been hurt at work, contact us today to schedule your free, confidential case evaluation.

Prior results do not guarantee outcomes.
Attorney Advertising.

What Happens When Someone Outside Your Job Causes Your Work Injury?

You Still Have Rights Even If a Stranger Was at Fault

Getting hurt on the job is stressful enough without worrying about who caused it. But what happens if your injury was actually caused by someone who does not work for your employer? Many New York workers are surprised to learn that they still have full access to workers’ compensation benefits, even if the person who caused their injury is an outsider.

These situations come up more often than people think. Maybe you drive a delivery van, and another motorist runs a red light and hits you. Maybe you are working on a job site and an employee from another contractor accidentally drops equipment that hits you. Or perhaps you were making a service call and slipped on a freshly mopped floor that the building’s staff failed to mark with a caution sign.

All of these examples involve someone not employed by your company. They can also still lead to a valid workers’ compensation claim. In New York, workers’ compensation is generally a “no-fault” system. That means you do not have to prove your employer was careless, and it does not matter who caused your injury. As long as you were performing your job duties when you got hurt, you are covered.

Filing for Workers’ Compensation Benefits

The first step after any work injury, regardless of who caused it, is to report it to your employer right away. New York law gives you only 30 days to notify your employer in writing. After that, your employer or their insurance carrier will begin processing your workers’ compensation claim.

Workers’ comp can pay for your medical treatment and provide wage replacement if you are unable to work. Even if the person who hurt you does not work for your employer, your claim remains with your employer’s insurance. They are responsible for paying your benefits.

For example, if you are a delivery driver for a bakery and get hit by another driver while on the road making deliveries, your injuries are still tied to your job. Your employer’s workers’ compensation insurance pays your medical bills and partial wages while you recover.

You May Also Have a Third-Party Lawsuit

Here’s where it gets interesting. If someone outside your company caused your work injury, you may also be able to file a separate personal injury claim against them. This is called a third-party lawsuit. Unlike workers’ compensation, which pays set benefits no matter who was at fault, a third-party lawsuit allows you to pursue damages for things like pain and suffering that workers’ compensation does not cover.

For instance, imagine you are a construction worker on a multi-contractor site. If an employee from another company accidentally knocks debris onto you, causing serious injury, you could receive workers’ compensation benefits through your employer’s insurance and also sue the other contractor’s company for negligence.

This combination of claims can be important because workers’ compensation alone often does not fully make up for all the losses you suffer after a major injury. Having the ability to pursue a third-party case could result in a significantly larger financial recovery.

Keeping Both Cases on Track

Handling a workers’ compensation claim and a third-party lawsuit simultaneously is common in New York. However, it does add complexity. Money you receive from a lawsuit could potentially impact your workers’ comp benefits, since the workers’ comp carrier might have a right to be reimbursed out of your settlement. This is called a lien.

That’s why it’s so important to have a lawyer who understands how to protect your rights and maximize the total recovery available to you. Choosing a law firm with deep experience in both workers’ compensation and personal injury law, like Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, can make this process much smoother. Our dedicated legal team can handle every aspect of your workers’ comp and third-party lawsuit so you can focus on healing.

Why Legal Help Is So Important in New York

New York workers’ compensation cases can be complicated enough on their own. When another person outside your workplace causes your injury, the stakes are even higher. You deserve to understand all the compensation options that might be available.

Insurance companies, whether for workers’ comp or the at-fault party’s liability carrier, often look for ways to minimize what they pay. Having a skilled New York workers’ compensation lawyer means you will not be left to handle these negotiations by yourself. Your lawyer can make sure all deadlines are met, handle the paperwork, and fight to protect your interests every step of the way.

Get Trusted Legal Help After a Work Injury

If you were hurt on the job in New York City or anywhere in the state, and someone who does not work for your employer caused your injury, you need to have a clear understanding of your legal options. At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have spent decades helping injured workers understand their rights and secure the benefits and compensation they deserve.

Our attorneys are skilled in investigating these complex cases, coordinating workers’ compensation claims with third-party lawsuits, and holding the responsible parties accountable. We have recovered billions for hardworking New Yorkers and are ready to stand up for you.

Contact us today for a free, confidential consultation. We can help you determine your next steps and fight for every dollar you are entitled to under New York law.

“The insurance company tried to cheat me, but they never stood a chance thanks to Pasternack Tilker Ziegler Walsh Stanton & Romano!” — Stevie D., ⭐⭐⭐⭐⭐

Prior results do not guarantee outcomes.
Attorney Advertising.

Can a Pre-Existing Condition Affect My Workers’ Comp Claim?

Why you can still qualify for benefits after an aggravation injury

If you’ve been injured at work but have a pre-existing medical condition, you might be wondering if you can still file a workers’ compensation claim. It’s a question that keeps many New York workers up at night, and frankly, it’s one of the most significant misconceptions in workers’ compensation law.

However, having a pre-existing condition doesn’t automatically disqualify you from receiving workers’ compensation benefits. Let’s say you’re a construction worker who hurt your back a few years ago. It healed up fine, and you’ve been working without problems. Then one day, you’re lifting materials on a job site and feel that familiar sharp pain shoot down your leg. Your first thought is, “They’ll never approve my workers’ comp claim because of my old back injury.” However, this isn’t necessarily the case.

This kind of thinking keeps thousands of injured New York workers from getting the benefits they deserve. However, if your job made your pre-existing condition worse, you’re entitled to benefits under New York law.

How does New York law approach pre-existing conditions in workers’ comp cases?

New York takes a worker-friendly approach to pre-existing conditions. The law doesn’t require your job to be the only cause of your injury. It just needs to be a significant contributing factor. Maybe you had a weak ankle from an old sports injury, but you’ve been walking on it just fine for years. Then you slip on a wet floor at work, and suddenly that ankle is screaming in pain again. Your job didn’t create the original weakness, but it sure made it a whole lot worse.

In New York, that’s enough to qualify for workers’ comp benefits. This is also referred to as “lighting up” a dormant condition. Your pre-existing condition was just sitting there, minding its own business, until your work injury woke it up and made it a problem again.

What counts as a pre-existing condition in a workers’ compensation case?

When discussing pre-existing conditions in workers’ compensation, we cover a broad range of topics. Here are the most common physical conditions we see:

Back and neck problems
Arthritis in your joints
Old fractures that didn’t heal quite right
Heart conditions
Asthma or other breathing problems
Previous head injuries

Pre-existing mental health conditions often include:

Depression or anxiety
PTSD (especially common with first responders)
Work-related stress that’s making existing mental health issues worse

These can all be part of a valid workers’ comp claim if your job is making them significantly worse.

How will insurance companies use my pre-existing condition against me?

Insurance companies aren’t in the business of paying out claims if they can avoid it. When they see a pre-existing condition in your medical history, many will try to use it as a blanket reason to deny your entire claim.

Here’s what they’ll often say: “You had this condition before, so your work injury isn’t our problem.” This is where having experienced legal representation becomes important, because this argument often doesn’t hold water under New York law.

Insurance companies might also put you under surveillance, hoping to catch you doing something that “proves” your injury isn’t work-related. They might scroll through your social media looking for photos of you doing activities they claim you shouldn’t be able to do.

To win a workers’ comp claim with a pre-existing condition, you need to show that your work significantly contributed to your current injury. This doesn’t mean you need to prove your job was 100% responsible. Just show that it played a meaningful role. The key is documentation. You’ll need:

Complete medical records from before your work injury.
Clear documentation of what happened at work.
Medical evidence showing how your condition changed after the workplace incident.
Healthcare providers who understand the connection between your work and your worsening condition.

What industry-specific challenges might I face?

Different types of work in New York present unique challenges when it comes to pre-existing conditions. For example:

Construction workers often see a lot of cumulative trauma and injuries that build up over time rather than happening in one dramatic moment.
Healthcare workers face physical demands, mental health stress, and exposure to bacterial, fungal, and viral diseases.
Office workers aren’t off the hook just because they work at a desk. Repetitive stress injuries, mental health issues from workplace stress, and ergonomic problems can all aggravate pre-existing conditions.

Our New York workers’ comp lawyers fight for the benefits you deserve

If a work accident or daily job duties have exacerbated a pre-existing condition, it’s important to understand your rights. The New York workers’ compensation lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP know how overwhelming it can be when pain flares up and you’re suddenly missing work, struggling with paperwork, or facing resistance from an insurance company.

With more than 90 years of experience and over $1 billion recovered for our clients, our dedicated team of workers’ comp lawyers understands how to prove that your job made your condition worse, and how to fight for every dollar you’re entitled to. Our legal team meticulously prepares every case. We know the insurance company’s tactics, and we won’t back down.

We serve injured workers across New York City, Long Island, Albany, Buffalo, Rochester, White Plains, the Hudson Valley, and beyond, representing hardworking New Yorkers in construction, healthcare, transportation, and every industry in between. You have nothing to lose by reaching out to us.

We offer free, no-obligation consultations, and you pay nothing unless we win your case. Contact us today, and let us help you take the next step toward physical and financial recovery.

“This firm has dedicated professionals that work with you from the inception of your case throughout. Regardless of who your opposition is, THIS FIRM DOES NOT BACK DOWN. They are the definition of perseverance, tenacity, and professionalism.” — Enzo K., ⭐⭐⭐⭐⭐

Prior results do not guarantee outcomes.
Attorney Advertising.

Preventable Injuries Are Surging in Small Businesses

Small Business Workers in New York Face Rising Risks on the Job

From busy bodegas and bakeries to family-run construction crews and corner laundromats, small businesses keep New York moving. But a new nationwide survey reveals a growing threat to the workers behind these operations—preventable injuries are happening far too often, and in many cases, they could have been avoided.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, our New York workers’ compensation attorneys know the toll workplace injuries can take. And while large corporations may have safety departments and compliance teams, small business workers are often left exposed with limited protection and even less support when something goes wrong.

What the Survey Found—and Why It Matters in New York

According to a 2025 survey by Pie Insurance and cited by Safety+Health magazine, 75% of small businesses nationwide experienced workplace injuries in the past year, with half of them considered preventable. The most common injuries included:

Slips, trips, and falls (59% of all preventable injuries)
Cuts, lacerations, and puncture wounds
Overexertion and repetitive strain injuries
Work-related mental health conditions

These findings hit close to home for many in New York City. In neighborhoods across the five boroughs, countless workers are on their feet all day in restaurants, retail shops, salons, food carts, and repair shops—exactly the kinds of environments where slips, strains, and cuts are common. And when safety protocols are lacking or equipment is outdated, the consequences can be severe.

New York’s Small Business Workers Often Lack Safety Resources

New York is home to thousands of small businesses, employing nearly half the private workforce across the state. But many of these employers—especially those with fewer than 50 employees—struggle to implement consistent safety standards. The Pie Insurance survey also revealed:

Nearly half of small business owners admit they’ve had to improvise safety solutions due to a lack of proper equipment.
Improvised safety measures led to higher average lost workdays and greater out-of-pocket expenses for both businesses and injured workers.

In other words, when small employers cut corners on safety, it’s workers who pay the price—physically, financially, and emotionally.

Common Small Business Injuries We See in NYC Workers’ Comp Cases

Our law firm has represented injured employees from all corners of the city.

Whether you’re a deli worker in the Bronx who slipped on a greasy floor; a dishwasher in Queens who suffered a severe wrist laceration from broken glass, or a package runner in Manhattan who developed back problems from constant lifting with no training or assistance, our attorneys can help you navigate the workers’ compensation process and fight for the benefits you deserve.

We frequently help workers in industries such as:

Food service and hospitality (burns, slips, cuts, repetitive strain)
Retail and bodegas (fall injuries, stockroom accidents, shoplifting-related assaults)
Cleaning and janitorial services (chemical exposure, falls, ergonomic injuries)
Home health aides and care workers (lifting injuries, patient-related trauma)
Construction subcontractors and building maintenance crews (falls, tool injuries, lack of fall protection)

Even in jobs that may not seem physically dangerous, we’ve seen claims related to anxiety, depression, and other mental health concerns stemming from job stress, harassment, or toxic work environments, especially when proper support systems are missing.

Why Legal Help Makes a Difference for Small Business Employees

Too often, injured workers at small companies feel isolated or unsure of their rights. Some hesitate to report their injuries because they don’t want to cause problems for a family-run business or risk retaliation. Others don’t realize they have a valid workers’ compensation claim, especially if they’ve been told to “walk it off” or “use your own insurance.”

But New York’s workers’ compensation laws apply to nearly every employer, no matter the size of the business. That means:

You have a right to medical care for your injury.
You can recover a portion of your lost wages while you’re unable to work.
You may qualify for long-term benefits if your injury leads to disability.

And if your employer or their insurance carrier disputes your claim, our team is ready to fight for you. We’ve spent more than 90 years standing up for injured workers throughout New York—and we’re here to help you, too.

Stronger Safety Measures Mean Fewer Injuries—And Better Business

The surge in preventable injuries isn’t just a safety concern—it’s a business issue. Companies that invest in proper safety equipment, training, and accountability have fewer workplace accidents, less turnover, and lower insurance costs. The message is clear: protecting workers isn’t just the right thing to do—it’s smart management.

But until every employer gets that message, injured workers still need strong legal advocates in their corner.

If You Were Hurt While Working for a Small Business in New York, We Can Help

Whether you work for a dry cleaner in Brooklyn, a grocery store in the Bronx, or a repair shop in Queens, you have rights under New York’s workers’ compensation law. And if those rights are denied or delayed, Pasternack Tilker Ziegler Walsh Stanton & Romano LLP is here to fight for you.

Don’t let a work-related injury or illness derail your life. Contact us today for a free case evaluation to see how an experienced New York workers’ compensation lawyer can help you find your way forward.

“This firm is amazing. They took my case when others didn’t. They stood with me throughout the whole process and helped me get the right amount I needed. I highly recommend using them. Thank you again, all of you.” – Rene A., ⭐⭐⭐⭐⭐

Prior results do not guarantee outcomes.
Attorney Advertising.