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., ⭐⭐⭐⭐⭐

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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.

“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., ⭐⭐⭐⭐⭐

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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., ⭐⭐⭐⭐⭐

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Getting hurt on the job is more than just painful; it can throw your entire life off balance. Suddenly, you’re facing medical bills, missed paychecks, and uncertainty about when, or even if, you’ll start receiving workers’ compensation benefits. The good news? New York’s workers’ compensation system is designed to cover medical costs and replace a portion of lost wages while you recover. The catch? There’s a process, and payments don’t always start right away.

Here is everything you need to know about when lost wage payments kick in, how much you can expect, and what to do to keep the process moving smoothly.

How does New York’s waiting period affect my lost wages?

In New York, workers’ compensation includes a mandatory 7-day waiting period before lost wage benefits begin. This means you won’t receive wage replacement for the first seven days you miss work unless your disability extends beyond 14 days. The rationale behind this waiting period is to prevent short-term absences from triggering compensation claims. This way, benefits get reserved for more serious injuries.

If you’re unable to return for more than 14 consecutive days, you may receive retroactive benefits covering the first week. For severe injuries that lead to hospitalization or long-term disability, you might qualify for expedited processing or exceptions. However, most cases follow the standard waiting period unless specific medical evidence supports an exemption. Proper documentation and timely claim submission can help avoid unnecessary delays.

How are lost wages calculated?

Workers’ compensation in New York calculates lost wage benefits based on your average weekly wage (AWW) over the previous 52 weeks before the injury. The formula considers gross earnings, including overtime and bonuses, to determine fair compensation. If you have not been employed for a full year, an adjusted calculation based on available earnings applies.

New York pays two-thirds (66.67%) of a worker’s AWW, subject to state-mandated limits. As of recent updates, the maximum weekly benefit adjusts annually based on statewide average wages, while a minimum benefit ensures injured workers receive at least a baseline amount. These limits prevent excessive claims while maintaining financial support.

When exactly will lost wage payments begin?

Injured workers in New York should receive their first workers’ compensation lost wage payment within 18 days after their disability begins, provided their claim is properly filed and approved. The 7-day waiting period applies first, meaning benefits don’t start until the eighth day of missed work. If the worker remains out for more than 14 consecutive days, they receive retroactive payment for that first week.

For example, if you suffer a back injury on March 1st and can’t work, your waiting period runs from March 2nd to March 8th. If you’re still unable to work by March 9th, your first payment should arrive by March 26th, following the 18-day rule, assuming no delays in claim processing. If you miss more than 14 days, you receive back pay for the waiting period.

Once payments start, you typically receive benefits every two weeks, though some insurance providers issue them weekly. Payments are usually issued by check, though some insurers offer direct deposit. Regular payments continue as long as you remain eligible and submit the required medical documentation.

What are retroactive workers’ compensation benefits in New York?

If your work-related injury prevents you from working for more than 14 consecutive days, you become eligible for retroactive workers’ compensation benefits covering the initial seven days of lost wages. This ensures you don’t lose pay for that first week if your recovery extends beyond two weeks.​

To receive these retroactive benefits, you must file a Form C-3 (Employee Claim) with the New York State Workers’ Compensation Board. Additionally, your healthcare provider needs to submit medical reports confirming that your injury prevents you from working for at least 15 days. It’s also crucial to ensure your employer accurately reports your injury and the days you’ve missed work.​

Once your claim is approved, the retroactive benefits are typically included in your subsequent workers’ compensation payments.

What if my lost wage payments get delayed or denied?

Several factors can delay or disrupt payments. Missing paperwork often slows down claims, especially if the worker fails to provide a C-3 claim form or the doctor doesn’t submit a timely medical report.

Employer delays also cause problems, particularly if your employer disputes the claim or fails to report the injury. Insurance carriers may deny or stall payments due to disputes over your injury’s severity or your job status.

To avoid delays, you should file your claim as quickly as possible, follow up on documentation, and maintain communication with your employer and doctor. Double-check your claim before submitting it to avoid unnecessary setbacks.

Your employer also plays a role. They must report your injury promptly and verify details for the insurance company involved. If they delay or dispute your claim, it can slow down payments. Additionally, your doctor’s reports must confirm your disability or the insurance company may challenge your claim.

When should I hire a New York workers’ compensation lawyer?

The workers’ compensation claims process in New York is complicated. If you were injured on the job, the best time to contact a workers’ compensation lawyer is right away, before mistakes, delays, or denials put your benefits at risk. One missed deadline or incorrect form can jeopardize your claim.

Insurance companies look for ways to deny or reduce benefits, and without legal representation, you may struggle to get the compensation you need. That’s where the New York workers’ compensation lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP come in. For over 90 years, we’ve fought for injured workers in New York.

We can help you file your claim correctly, challenge employer or insurance disputes, and get the best possible outcome for your case. You focus on your recovery and adhering to medical and legal advice.

To get started on your claim, contact us online or call one of our New York law offices today for a free case evaluation. We serve clients in NYC and throughout New York State.

“Great legal team. Clients are kept informed of every step. … Highly recommend.” – P.C., ⭐⭐⭐⭐⭐

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