Common Causes of Crush Injuries in New York Construction Accidents

An injured construction worker lying on the ground, being attended to by a co-worker following an accident.

Crush injuries are a serious hazard on New York construction sites, often leading to life-altering consequences such as broken bones, internal injuries, or even amputations. For construction workers, these injuries are not only devastating but also bring significant financial and emotional burdens. Working with an experienced New York City construction accident lawyer is crucial to understanding your rights and exploring your options for compensation.

In a city where construction sites are filled with heavy machinery, elevated structures, and complex equipment, crush injuries occur more frequently than many realize. Knowing the common causes of these injuries can help workers stay safe and highlight why taking legal action with the guidance of a skilled construction accident attorney can help victims pursue the compensation they deserve to cover medical expenses, lost wages, and more.

Top Causes of Crush Injuries on NYC Construction Sites

Heavy Machinery Accidents

Construction workers, including equipment operators, are at risk of being pinned or caught between heavy machinery like excavators, forklifts, and bulldozers. If a machine is improperly secured or malfunctions, it can cause catastrophic injuries, including broken bones, crushed limbs, and severe internal trauma.

Trench Collapses and Cave-Ins

Trench collapses are particularly dangerous for excavation workers and laborers. When a trench wall collapses, it can trap workers under heavy debris. Injuries often involve asphyxiation, broken bones, and traumatic brain injuries, with long-term effects including respiratory complications and PTSD.

Falling Objects and Struck-By Accidents

Workers such as riggers, scaffolders, and laborers are frequently exposed to falling objects, including steel beams, concrete slabs, and tools. These incidents often lead to crush injuries like skull fractures, spinal damage, and traumatic brain injuries.

Caught-In or Between Machinery

Machine operators, assemblers, and maintenance workers can become trapped in conveyor belts, presses, or compactors if safety mechanisms fail. Injuries include crushed fingers, degloving, and nerve damage, often requiring complex surgeries and rehabilitation.

Scaffolding Collapses

Workers on scaffolds or ladders face severe risks if scaffolding systems collapse due to faulty construction or overloading. Injuries from scaffold collapses include head trauma, broken bones, and spinal cord damage.

Building or Structural Collapses

Structural collapse is a constant danger on NYC job sites. If a building or part of a structure falls, it can trap workers beneath rubble. Injuries include fractures, internal bleeding, and suffocation, often leading to chronic respiratory and mobility issues.

Forklift and Vehicle Accidents

Forklifts and construction vehicles can cause crush injuries if they pin workers against solid objects or overturn. Common injuries include pelvic fractures, crushed limbs, and spinal injuries.

Improperly Stacked or Collapsing Materials

Workers can suffer crush injuries when materials like bricks, pipes, or rebar collapse due to improper stacking. Injuries range from broken bones to internal trauma, requiring emergency medical intervention and long-term care.

Legal Options for Crush Injury Victims in New York

Construction workers injured on the job may have several avenues for pursuing compensation, depending on the specifics of the incident:

Workers’ Compensation: Workers’ compensation is a no-fault system that provides coverage for medical expenses, partial lost wages, and permanent disability. This option is available to most injured workers but doesn’t cover pain and suffering.
Personal Injury or Third-Party Liability Claims: If a third party, such as a subcontractor or equipment manufacturer, contributed to the injury, the worker may be eligible to file a personal injury or third-party liability claim. These claims allow victims to seek compensation beyond workers’ comp, including damages for pain, suffering, and emotional distress. However, there are time limits for filing, so it’s crucial to act promptly.

Seek Legal Help from a New York Construction Accident Lawyer

Navigating the complexities of crush injury cases on NYC construction sites requires an experienced attorney. At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, our dedicated legal team has decades of experience fighting for injured construction workers in New York City. From securing workers’ compensation benefits to pursuing third-party claims, our firm works tirelessly to protect the rights of injured New Yorkers.

Contact us today for a free case evaluation to understand your rights and learn how we can help you recover the compensation you deserve. With multiple offices across New York City, we proudly serve construction workers from the Bronx, Brooklyn, Queens, and beyond.

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

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How New Construction Tech Enhances Jobsite Safety

Aerial view of men and materials during construction of a new high-rise apartment building in midtown Manhattan, New York City.

Construction workers face significant risks on the job, with a much higher likelihood of serious injuries than other industries. Construction workers are three times more likely to die in work-related accidents and twice as likely to sustain injuries, according to EHS Daily.

To combat these dangers, many construction companies are turning to advanced technology to improve worker safety and reduce accidents. But how does this technology work? What more can be done to prevent construction accidents? And if you’ve been injured, what legal options do you have?

A New York City construction accident attorney at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP explains everything you need to know to stay informed and protected.

High-Tech Devices Are Revolutionizing Construction Site Safety

Construction companies increasingly rely on high-tech safety measures to prevent accidents and protect workers from serious injuries. These cutting-edge devices provide real-time data, enabling construction workers and supervisors to respond quickly to dangerous conditions and avoid potentially life-threatening situations.

For example, wearable sensors now track critical health metrics like body temperature and heart rate, helping prevent issues like heat exhaustion or hypothermia. This technology is especially critical in extreme weather conditions, allowing workers and employers to act immediately when early warning signs appear.

Other advanced safety technologies being used on construction sites include:

Cameras: Installed around the site to monitor and alert supervisors of unsafe conditions.
Laser Scanners: Used to map construction site conditions in real-time, identifying potential hazards before they become accidents.
Data Collection Software: Analyzes site data to pinpoint dangerous areas or situations, helping workers avoid them.
Augmented Reality (AR) & Artificial Intelligence (AI): These programs can predict and highlight hazardous situations before they occur, allowing workers to take proactive safety measures.

“By combining these technologies, with sensors calculating the distance while cameras improve visibility, especially in low-light conditions, detection capabilities can be greatly enhanced,” EHS reported.

The Latest Tech Tools Enhancing Construction Site Safety

From drones to robotics, these advancements are helping to minimize risks and prevent construction accidents. Some of the most effective technological safety devices in use today include:

Drones: These provide aerial inspections and real-time monitoring, allowing supervisors to identify hazards in hard-to-reach or dangerous areas without putting workers at risk.
Building Information Modeling (BIM): BIM creates 3D models of projects, allowing construction teams to identify potential hazards before construction begins and ensuring safer planning throughout the project.
Robotic Equipment: Automated machines like bricklayers and demolition robots can perform high-risk or repetitive tasks, keeping workers out of hazardous situations and reducing the risk of injury.
Mobile Safety Apps: These apps enable safety managers to track and report hazards, conduct inspections, and ensure that all workers follow safety regulations in real-time.
Proximity Sensors & RFID Tags: These technologies prevent accidents by alerting heavy machinery operators if a worker is too close, significantly reducing the risk of collisions and on-site injuries.

Legal Options for Injured Construction Workers in New York

Injured construction workers in New York typically have several legal options to seek compensation for their injuries. Depending on the details of your accident, you may be eligible for the following:

Workers’ Compensation: This mandatory insurance covers medical expenses, lost wages, job retraining, and permanent disability benefits. Most employers in New York must provide workers’ comp, ensuring injured workers receive the financial support they need after a workplace accident.
Third-Party Personal Injury Lawsuit: If your injury was caused by someone who doesn’t work for your employer, such as a subcontractor, you may be able to file a personal injury lawsuit against that individual or company. Construction sites often have multiple companies working in the same space, making third-party claims common.
Social Security Disability Benefits (SSDI): If your injury results in long-term or permanent disability, you may be eligible for SSDI benefits. These benefits provide financial assistance for those unable to return to work due to injury.
Product Liability Claim: If defective or faulty equipment caused your injury, you may be able to pursue a product liability claim against the manufacturer, distributor, or seller of the equipment. This type of legal action ensures that those responsible for providing safe tools and machinery are held accountable.

Why You Need an Attorney After a Construction Accident in NYC

Construction accidents in New York City often result in severe injuries that can have long-term effects on your health and livelihood. With so much money at stake in these cases, insurance companies and businesses may try to minimize payouts or deny your claim altogether. That’s why having an experienced attorney on your side is crucial.

At Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, we understand how complex these claims can become. Our attorneys have successfully helped many injured construction workers secure the full compensation they deserve. From navigating the workers’ compensation system to dealing with insurance companies, we know how to build a strong case that protects your rights.

Don’t leave your future to chance. Contact us today to schedule a consultation with a New York City construction accident lawyer. With 12 offices throughout New York, including five in New York City, we’re ready to fight for you.

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The Impact of Vision and Hearing on Workplace Safety

Male construction worker wearing a yellow hard hat, safety goggles, and ear protection, symbolizing workplace safety and the use of personal protective equipment (PPE).

Audio and visual health is an extremely important part of workplace safety, but it is often overlooked. Yet these senses are critical to maintaining a safe and efficient work environment, and failing to address problems can have serious consequences.

Employers have a responsibility to provide safe working conditions. And on a job site, workers also depend on each other to help keep the workplace safe. This includes wearing appropriate protective gear and actively identifying and addressing safety hazards.

For example, clear vision is crucial for identifying hazards, reading warning signs, and operating machinery safely. In workplaces with heavy machinery or frequent loud noises, good hearing allows workers to detect warning signals, alarms, and verbal instructions promptly, reducing the risk of accidents.

An article in Occupational Health & Safety offers seven strategies employers can use to improve worker audio-visual health:

1. Follow All OSHA Testing Guidelines

This seems straightforward but needs to be emphasized. Adhering to annual OSHA vision and hearing tests ensures workplace compliance and, more importantly, identifies potential issues. This allows employers to guide workers in addressing their challenges and reinforce the importance of using proper protective equipment to maintain both safety and long-term health.

2. Conduct Thorough Pre-Employment Physicals

Pre-employment physicals, including vision and hearing tests, help identify issues such as color blindness, which could impact job performance. They also establish a baseline for future comparisons. If annual tests show declines in these areas, medical professionals can address the risks of not wearing proper protection and develop corrective or preventive measures.

3. Explain the Risks

Not wearing proper eye and ear protection endangers both workers and their co-workers. Educating workers about the risks of not using protection, such as corrective lenses or hearing aids, emphasizes that maintaining audio-visual health impacts everyone. The message needs to be that workplace safety requires a team effort.

4. Put People in Positions to Thrive

Not everyone has perfect vision or hearing, so it’s important for employers to assign workers with impairments to less hazardous tasks. For example, someone with depth perception issues should avoid areas with heavy machinery. However, ensuring everyone wears proper eye and ear protection remains critical for overall site safety.

5. Introduce Signage and Reminders

It’s easy to forget protective equipment occasionally, but visual reminders help. Signage on floors, walls, and even in bathrooms can prompt workers to use safety gear. Incorporating PPE reminders or brief safety talks during pre-shift meetings is another effective way to ensure everyone remembers to wear proper vision and hearing protection.

6. Set an Example

When workers see supervisors and other members of management neglecting eye and ear protection, they may assume it’s unimportant. While wearing protective gear is an individual responsibility, management sets the tone by leading by example and offering direct reminders. Ensuring safety should always be prioritized, even if it feels repetitive or excessive.

7. Provide Options

If protective gear is uncomfortable, workers won’t wear it. Offering various eye and ear protection options helps workers choose what’s most comfortable, increasing compliance. Eye and ear protection are essential for workplace safety – and since there is a wide range of protective equipment, there’s no excuse for not using it.

If you’ve been hurt, an experienced workers’ compensation lawyer can help

When workers are injured on the job, they deserve workers’ compensation benefits. These benefits can pay for needed medical treatment and provide partial wages to help injured workers get through this difficult time.

However, the claims process can often be complicated. Initial claims for benefits are denied. Employers and their insurance companies dispute the seriousness of injuries. And workers can be pressured to return to the workplace before they have fully recovered from their injuries. That’s why you need an experienced New York workers’ compensation attorney on your side.

If you suffered a workplace injury, it’s important to get legal advice as soon as possible. The attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP can help. We’ve been fighting for injured workers in New York for more than 90 years. Our lawyers can guide you through the process every step of the way and will fight for the benefits you deserve.

“Amazing experience and what a great team. Everything I needed was resolved so I highly recommend them.” – Vanessa N.

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Trench Collapses Claim Hundreds of Lives in the U.S.

Trenches are a common sight across the United States and in New York. They appear on the sides of highways, at large construction sites, and during new home builds. Thousands of workers work in these trenches every day, including construction workers, plumbers, and utility workers. Trenches may seem like routine parts of construction, but they present significant dangers: trench collapses. These are among the most deadly yet preventable construction accidents.

A recent investigation by NPR, Texas Public Radio, and 1A examined the effectiveness of OSHA, the federal agency responsible for ensuring workplace safety. The investigation reviewed 10 years of OSHA workplace accident data, examining hundreds of pages of inspection reports, court records, lawsuits, and other documentation.

Reporters also spoke with relatives of victims and current and former OSHA administrators. What they found demonstrates serious flaws in how OSHA handles trench safety and enforcement.

OSHA imposes fines on companies that fail to follow safety regulations, but the investigation found that some companies simply ignore these penalties. For example, one company still owes more than $1.4 million in fines imposed after the deaths of two employees eight years ago. Despite this significant amount, the company continues operating without facing any meaningful consequences.

What did the investigation into trench collapses reveal?

The investigation revealed that several companies with workers killed in trench accidents had been previously sanctioned by OSHA. At least 10 companies had prior violations related to trench work. One company received five citations in four years; another got cited four times over a similar period.

Despite these repeated offenses, these companies still operated without making significant safety improvements. The pattern suggests that OSHA’s current system fails to hold repeat offenders accountable, putting more workers at risk.

OSHA has the authority to issue imminent danger notices at job sites where trenching violations pose an immediate threat to workers’ lives. However, the investigation found that OSHA seldom uses this power. Even when violations could result in serious physical harm or death, OSHA often doesn’t take the steps necessary to shut down dangerous work sites.

Over the past decade, deaths from trench collapses in the United States have fluctuated, with a peak of 40 fatalities in 2022. This marks a 60% increase from the previous year. These deaths persist despite OSHA’s regulations designed to prevent them. The rising number of fatalities signals that current safety measures and enforcement efforts are not enough to protect workers.

How deadly are trench collapses?

Trench collapses happen without warning and leave little time for workers to escape. A cubic yard of soil can weigh up to 3,000 pounds, which is the same weight as a small car. When a trench collapses, this soil can move rapidly, burying workers in seconds. The danger is clear, but safety measures exist to prevent these tragedies.

Common causes of trench collapses include:

Soil type and condition: Different soil types (e.g. clay or sandy soil) affect trench stability. Loose or wet soil can collapse more easily than compacted soil.
Trench depth: Trenches deeper than 5 feet are at higher risk of collapse. The greater the depth, the more pressure is exerted on the trench walls.
Soil vibrations: Nearby machinery or heavy traffic can cause vibrations that destabilize trench walls.
Weather conditions: Rain or snow can saturate the soil and weaken its stability.
Improper shoring: Failure to use or improperly install trench boxes or other protective systems can leave workers exposed to collapse hazards.
Inadequate sloping: Trenches must be sloped properly to prevent collapse. Steeper trenches without proper sloping are at higher risk.
Overloading: Storing heavy materials or equipment too close to the edge of a trench can cause the trench walls to give way.

Get the legal help you need for construction accident injuries

If you or a loved one has been injured in a trench collapse or any other type of construction accident, don’t wait to seek legal help. At the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, we have over 90 years of experience helping injured workers in New York. Our legal team can guide you through filing a workers’ comp claim, third-party lawsuit, and other legal options.

We offer free consultations to discuss your case and help you understand your rights. With offices in NYC and throughout New York State, we are ready to fight for the compensation you deserve. Contact us online or call us today to schedule your free evaluation. Every conversation is confidential and tailored to your situation. Let us be the legal team you can rely on for justice and recovery.

“My experience with this Law Firm has been great. They are always helpful and knowledgable in any matter and listening to all your concerns. My Paralegal Thomas, staff and all the Attorneys at the Firm always do a great job protecting your rights as a worker and making sure all your compensation benefits get justice and compensated. Thank you so very much. I am very happy with all the support from everyone. I will definitely refer this Law Firm to everyone I know and if I can give more than five stars I will definitely do it. You guys deserve more just than 5 stars.”

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National Safety Council Highlights Rising Workplace Hazards

Industrial worker wearing a hard hat, safety glasses, and protective clothing in a factory setting, emphasizing the importance of personal protective equipment (PPE) and workplace safety.

The National Safety Council (NSC) recently released a report that sheds light on the increasing hazards workers face in various industries, including those in New York. As workplace safety becomes a growing concern, it’s essential for workers to understand these hazards and their legal rights after suffering a work-related injury or illness.

If you’re injured on the job in New York, a workers’ compensation lawyer from Pasternack Tilker Ziegler Walsh Stanton & Romano LLP can help ensure you receive the benefits you’re entitled to under New York law.

Work accident statistics

The NSC report highlights several troubling trends in workplace safety. For instance, in 2022, workplace fatalities in the U.S. reached alarming levels, with over 5,000 workers losing their lives due to on-the-job accidents.

Specifically, in New York City, there were 83 fatal work injuries reported in 2022, according to the Bureau of Labor Statistics. Additionally, non-fatal injuries and illnesses have continued to rise, leading to significant economic and personal impacts on workers and their families.

In New York City alone, thousands of workers suffer from non-fatal injuries annually, which can result in long-term health issues, loss of income, and high medical expenses.

Common workplace hazards

Several common hazards contribute to the rising rates of workplace injuries and fatalities, including:

Slip and fall accidents: These accidents are among the most frequent causes of workplace injuries, often resulting from wet or uneven surfaces, poor lighting, and inadequate safety measures.
Machinery and equipment hazards: Workers in manufacturing and construction are particularly at risk from machinery and equipment. Improper maintenance, lack of training, and malfunctioning equipment can lead to severe and sometimes fatal injuries.
Hazardous substances: Exposure to toxic chemicals and materials can cause long-term health issues, including respiratory problems, skin conditions, and cancer.
Ergonomic hazards: Poor workstation design, repetitive motions, and improper lifting techniques contribute to musculoskeletal disorders, which are a leading cause of workplace injuries.
Workplace violence: Unfortunately, incidents of workplace violence, including assaults by coworkers or customers, are on the rise and pose a significant risk to employee safety.

The role of technology in enhancing workplace safety

The NSC report emphasizes the potential of technology to mitigate these hazards and improve workplace safety. Innovative solutions such as wearable devices, safety apps, and advanced machinery with built-in safety features are transforming how employers approach safety protocols.

These technologies can monitor workers’ environments in real time, provide instant alerts for hazardous conditions, and ensure that machinery operates safely and efficiently.

“At the heart of Work to Zero’s mission is preventing worker injuries and ultimately saving lives,” said Katherine Mendoza, senior director of workplace programs at NSC, per the recent report. “Since the initiative began, what we have found is that there are numerous technology solutions available to employers to help mitigate risks and keep workers safe. However, workplace hazards are constantly evolving as job demands change, which is why it’s critical to regularly assess industry risks to better understand trends and find the right solutions.”

Injured workers have legal rights

Workers injured on the job in New York are often entitled to workers’ compensation benefits, which can cover the cost of medical expenses, lost wages, and rehabilitation costs. However, navigating the claims process can be challenging without the help of a lawyer.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have extensive experience representing workers who have been injured on the job. Our highly skilled attorneys understand the nuances of workers’ compensation law in New York and are dedicated to ensuring you receive the benefits you deserve.

We also offer legal representation on a contingency fee basis, which means there are no upfront or out-of-pocket costs, and you pay nothing unless we win your case. If you or a loved one has suffered a work-related injury in New York, our law firm is here to help. Contact us today for a free evaluation to discuss your case and explore your potential options for obtaining the compensation you deserve.

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Study: Work-Related Injuries Spike with Rising Temperatures

A construction worker with a beard is sitting on a metal staircase, wearing a high-visibility yellow safety vest over a white shirt. He appears to be tired or in discomfort, with a pained expression on his face. His left hand is placed on his knee, and his right hand is resting on a white safety helmet.

As outdoor temperatures rise, more workers throughout New York may find themselves in the hot sun and sweltering humidity. Heat-related injuries and illnesses from rising temperatures can have serious and sometimes devastating impacts on workers and, oftentimes, lead to workers’ compensation claims.

How common are work-related injuries due to rising temperatures?

Researchers analyzed workers’ compensation claims and weather data from 2016 to 2021 across 24 states. They discovered that on days when the high temperature ranged from 85 to 90°F, the chance of a work-related injury was approximately 4.3% higher than on days with temperatures between 65 and 70°F.

The probability of injuries rose to 5.3% when daily highs reached 90 to 95°F. Additionally, the probability reached around 6% when temperatures exceeded 95°F.

According to WCRI President and CEO Ramona Tanabe, the impact of excessive heat is particularly significant on traumatic injuries, such as fractures, dislocations, contusions, and lacerations.

In the construction sector, the risk of injury was 14% higher when daily temperatures were 90 to 95°F, compared to 65 to 70°F. This likelihood increased to 20% when temperatures reached 95 to 100°F.

Workers in the South were more prone to injuries in higher temperatures, while the Northeast saw an 8% increase in injuries when temperatures were 90 to 100°F, compared to 65 to 70°F.

What are common injuries at work from rising temperatures?

Working in high temperatures can lead to serious health issues, including:

Heat-related illnesses such as heat exhaustion, heat stroke, and dehydration.
Burns from prolonged exposure to the sun or contact with hot surfaces.
Traumatic injuries linked to reduced concentration, fatigue, or passing out (e.g., fractures, soft tissue injuries, and lacerations).
Muscle cramps due to loss of electrolytes through sweating.
Heat rash due to blocked sweat ducts.

How can heat-related work injuries be prevented?

Preventing heat-related work injuries involves implementing several safety measures and practices. Here are some effective strategies:

Hydration: Ensure workers have access to plenty of water and encourage them to drink regularly, even if they are not thirsty. Electrolyte-replenishing drinks should also be provided to help replace salts lost through sweating.
Work schedule adjustments: Schedule strenuous tasks for cooler parts of the day, such as early morning or late afternoon. Implement more frequent breaks in shaded or cool areas.
Protective clothing and gear: Encourage workers to wear lightweight, light-colored, loose-fitting clothing to help reflect heat and allow sweat to evaporate.
Engineering controls: To reduce heat in indoor work environments, use fans, ventilation systems, or air conditioning. Also, shaded areas or canopies should be provided for outdoor work sites.
Emergency preparedness: Have a clear plan in place for responding to heat-related illnesses, including immediate first aid and access to medical services.

What should I do if I sustain a heat-related injury on the job in New York?

If you suffered a heat-related injury or illness while on the job, you may be experiencing serious symptoms and are unable to work. However, you have the right to pursue workers’ compensation benefits in New York. However, the process can be complicated and requires you to act fast.

For example, you’ll need to promptly notify your employer about your heat-related injury or illness, get medical attention, and inform your doctor that your condition is linked to your job. You’ll also need to fill out Form C-3 fully and accurately.

If you’re not sure where to turn, you’ve come to the right place. For over 90 years, Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has aggressively protected the rights of hard-working New Yorkers injured on the job. Our experienced attorneys help injured workers file claims, choose the right doctors, and obtain the compensation they deserve.

Contact us for a free, no-obligation consultation. Our workers’ compensation lawyers are ready to help you understand your rights and fight for your best interests.

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New York Increases Maximum Weekly Workers’ Comp Benefit

Rising wages lead to rising benefits for injured workers

Last month, the New York Workers’ Compensation Board announced an increase in the maximum weekly benefit rate for workers’ compensation claims, effective July 1, 2024. The new weekly maximum will be $1,171.46.

This change will not affect current claims, but it will increase the maximum benefit for workers who are injured between July 1 of this year and June 30 of next year. This is a welcome increase for injured workers in light of the ever-increasing cost of living in New York and throughout the nation.

How the maximum weekly benefit is calculated

The New York workers’ compensation statute establishes a formula to calculate the maximum weekly benefit. The maximum is set as two-thirds of the state average weekly wage (SAWW) for the previous year, as determined by the New York State Department of Labor.

For 2023, the Department of Labor determined that the state average weekly wage was $1,757.19. Two-thirds of that number is $1,171.46.

How weekly benefits are calculated for injured workers

Workers’ compensation benefits for time lost due to a work injury (temporary total disability) are calculated based on the injured worker’s own average weekly wage (AWW). Usually, your AWW is based on your cumulative earnings for the previous 12 months, including bonuses, overtime, and other compensation for your job. However, there are various scenarios that can affect the AWW, including:

If you have only worked at the job for a short time, your employer should provide the wage information of a similarly situated worker (someone with the same or similar job title and salary who works at the same or an adjacent location).
If there is no similarly situated worker (for instance, if you are in a newly created position), then your employer should provide whatever salary information they can for the Workers’ Compensation Board to make a determination.
If you work for more than one employer (dual or concurrent employment), you may be allowed to add your wages together to calculate your AWW.
If you are under age 25, you may be entitled to wage expectancy consideration as your AWW is calculated.

The weekly benefit is two-thirds of your AWW, subject to the statewide maximum. What this means, in effect, is that if your AWW is less than the statewide average, you get two-thirds of your average weekly wage, and if your AWW is greater than or equal to the statewide average, you get the maximum benefit.

If your AWW is disputed, we will protect your rights

In short, while “two-thirds of your average weekly wage” might seem simple, the way workers’ compensation benefits are calculated can be surprisingly complex, and the weekly benefit is, of course, just one aspect of your claim. If your workers’ compensation claim is denied or disputed, our attorneys can put their extensive experience to work for you. Contact us online or give us a call today for a free consultation with Pasternack Tilker Ziegler Walsh Stanton & Romano LLP.

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Workers’ Memorial Day To Be Observed On April 28

While Memorial Day in May is widely recognized, there’s another important commemoration that often goes unnoticed: Workers’ Memorial Day. Observed in April, this day serves as a poignant reminder of the workers who have lost their lives to work-related injuries or illnesses.

According to the Centers for Disease Control and Prevention (CDC), Workers’ Memorial Day honors those who have tragically died on the job and “encourages us to think of ways in which we all can help to achieve the goal of safer and healthier workplaces.”

Our New York workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP explain the significance of this annual event and the importance of seeking legal help if you were injured while on the job.

If you’ve suffered a work-related injury or illness, you may be entitled to compensation for your losses. Seeking guidance from an experienced work injury lawyer can help you navigate the legal process and pursue the full extent of compensation you deserve.

What is Workers’ Memorial Day?

In 1970, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) created Workers’ Memorial Day. At that time, an estimated 38 people each day died as a result of work-related illnesses or accidents, according to a U.S. Department of Labor. That’s more than 13,870 work-related fatalities each year, on average.

Have work-related fatalities gone down since 1970?

The good news is that workplace deaths have decreased nationwide since 1970. In 2022, a total of 5,486 people died in work-related accidents, according to the most recent workplace fatality data compiled by the U.S. Bureau of Labor Statistics (BLS).

However, compared to more recent years, that figure is worse. For example, the year before, 5,190 people died in work-related accidents in 2021. The year before that, there were only 4,764 workplace fatalities nationwide, according to BLS data.

What are the most common causes of workplace fatalities?

Based on workplace accident data compiled by the BLS and the Census of Fatal Occupational Injuries (CFOI), some of the most common causes of workplace fatalities continue to include:

Work-related transportation accidents, which account for more than 2,100 workplace fatalities each year, on average.
Slip, trip and fall accidents, which account for more than 800 workplace deaths per year.
Exposure to harmful substances, which result in more than 800 deaths per year.
Being struck by an object or equipment at work, which accounts for more than 700 annual deaths.
Violence at work, which results in more than 800 deaths per year, on average.

“While significant progress has occurred since the passage of the Occupational Safety and Health Act (in 1970), much more remains to be made,” the CDC said in a recent announcement about the annual Workers’ Memorial Day event.

Protecting the rights of injured workers in NY for over 90 years.

Dealing with a serious work-related injury or illness in New York can be complicated. In most cases, you should be eligible to receive workers’ workers’ compensation benefits if you get sick or hurt at work. However, obtaining the benefits you rightfully deserve can often be much more difficult than you might expect.

Our New York City workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP can help you every step of the way. Our highly skilled legal team has decades of experience handling complicated workers’ compensation claims throughout New York and has recovered over $1 billion in awards and settlements for our clients.

Get the law firm that gets results for injured New Yorkers. Contact us and schedule an appointment with a workers’ compensation lawyer who will put your best interests first. We have 12 offices conveniently located in New York, including five offices in New York City.

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