Category Archives: Workers’ Compensation

When Does Workers’ Comp Start Paying Lost Wages in New York?

Man with a bandaged wrist talking on the phone, possibly seeking medical advice or legal assistance after an injury.

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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Injured in a Forklift Accident? An Attorney Can Help Maximize Your Claim

Low-angle view of a forklift in a warehouse filled with stacked pallets and boxes.

New York’s fast-paced work environments rely heavily on forklifts. From busy warehouses in Queens to massive construction projects in Manhattan, these machines move materials quickly and efficiently. But despite their usefulness, a forklift accident can happen when these machines are handled improperly or when safety measures are ignored.

If you were hurt in a work-related forklift accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. However, pursuing a workers’ compensation claim in New York’s legal system can be overwhelming without the help of an experienced attorney.

What are the most common types of forklift accidents?

Forklift accidents occur in various ways, but some types are more frequent in New York workplaces. The most common types of forklift accidents include:

Tip overs

One of the most common—and most deadly—types of forklift accidents is a tip-over accident. A forklift can tip over when it carries an unbalanced load, moves too quickly, or turns sharply. If the forklift overturns, the operator may be crushed beneath the machine or thrown from the seat, resulting in severe injuries or death.

Collisions with other workers

Another common type of accident involves collisions with people. New York’s warehouses, factories, and construction sites are often crowded with workers on foot, and forklifts frequently move through these busy spaces. If an operator fails to see someone due to blind spots or distractions, a devastating collision can occur.

Falling load accidents

In many cases, forklifts are used to transport heavy loads. If those loads are not secured properly, falling load accidents can occur. Heavy materials can fall off the forklift and injure nearby workers, leading to concussions, fractures, and even fatalities.

Mechanical failures

Forklifts must be properly maintained to function safely. When they are not, mechanical failures become a major hazard. Faulty brakes, hydraulic failures, or worn-out tires can cause a forklift to malfunction, leading to dangerous and often preventable accidents.

Operator ejection accidents

An operator can be thrown from the forklift in what is known as an operator ejection accident. If a forklift suddenly stops or collides with another object, the driver may be forcefully ejected, often suffering serious injuries like broken bones or head trauma.

What causes a forklift accident?

Many forklift accidents in New York are preventable and happen due to negligence. Employers, equipment manufacturers, and operators all have a responsibility to follow safety protocols, but when they fail to do so, accidents occur. The most common causes and factors include:

Inadequate training

A major contributing factor to forklift accidents is inadequate training. New York law requires that forklift operators complete specific training and certification, but some employers cut corners, allowing untrained or undertrained workers to operate these heavy machines. This lack of knowledge increases the risk of a forklift accident.

Reckless operation

Speeding and reckless driving are also common causes of forklift-related injuries. Forklifts are not designed to move at high speeds, yet some operators drive too fast, take sharp turns, or ignore workplace speed limits. When this happens, a forklift can tip over or strike a worker.

Unsafe work environments

Unsafe work environments also contribute to forklift accidents. Poor workplace conditions, such as cluttered aisles, uneven floors, and dim lighting, make operating a forklift even more hazardous. If an employer fails to provide a safe work environment, they may be held liable for injuries that occur.

Poor maintenance

Another common cause of forklift accidents is lack of maintenance. A forklift that hasn’t been properly inspected or repaired can have serious mechanical issues, like failing brakes or malfunctioning hydraulics. Employers must ensure that forklifts receive regular maintenance to prevent these dangerous malfunctions.

Overloading or improper loading

Overloading or improper load handling is a common problem. A forklift carrying a load beyond its capacity can easily tip over, and improperly stacked materials can shift, causing items to fall and injure workers.

What injuries does a forklift accident cause?

Forklift accidents often result in serious, life-altering injuries. The severity of the injury depends on the type of accident, but many injured workers face long recoveries and, in some cases, permanent disabilities. These include:

Crush injuries: When a forklift tips over or a worker is caught between a forklift and another object, the crushing force can lead to internal organ damage, amputations, or even death.
Fractures and broken bones: Whether a worker is struck by a forklift, falls from the vehicle, or is hit by falling materials, the impact can easily break bones, requiring surgery and months of rehabilitation.
Head injuries: If a worker is hit in the head by a falling object or thrown from a forklift, they could suffer a concussion or a more severe brain injury that affects their cognitive function, memory, and coordination.
Spinal cord injuries: Some forklift accidents lead to spinal cord injuries, which can cause paralysis or chronic pain. Depending on the severity, victims may lose mobility and require lifelong medical care.
Lacerations and burns: Workers may also experience lacerations and burns, particularly if they are exposed to sharp objects, hazardous materials, or electrical malfunctions during the accident.

How do I pursue a forklift accident claim?

If you were injured in a forklift accident in New York, you should first report the incident immediately and provide as much detail of what happened as possible. Next, seek medical treatment. Even if your injuries seem minor, you should see a doctor right away. Having a medical record proves your injury is legitimate and links it to your work accident.

You should also collect evidence if possible. Take photos of the forklift accident scene, your injuries, and any hazardous conditions that may have contributed to it. If there were witnesses, ask for their contact information and statements. Also, check for nearby cameras, as some businesses have them posted for security reasons.

Next, you’ll need to complete Form C-3 to initiate your workers’ compensation claim. This can be a complicated process and any errors can lead to delays or a denial of your financial benefits.

How a New York workers’ comp lawyer can help after a forklift accident

When it’s time to file your claim, get help from an experienced New York workers’ compensation lawyer to ensure your claim goes smoothly. The process of filing a workers’ comp claim in New York can be difficult. However, an attorney at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP can ensure an error-free application, meet all legal deadlines, and protect your rights every step of the way.

Our law firm has over 90 years of experience fighting for the rights of injured workers and ensuring they get the full benefits they deserve. We offer a free consultation so you can get the answers you need without any financial risk. Plus, we work on a contingency fee basis, meaning you pay nothing unless we win your case.

Contact us today to discuss your forklift accident and learn how we can help. We have law offices in NYC and throughout New York State.

“The firm treated me with respect and dignity and handled all my workers comp issues with ease. I highly recommended them.” – Eduardo D., ⭐⭐⭐⭐⭐

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Senate: Amazon Injury Rates Were Much Higher Than Reported

Cardboard boxes moving along a conveyor belt in a warehouse setting with shelving in the background.

When employees are racing to meet unreasonable deadlines, lifting heavy packages, and working beyond their capacity to avoid losing their jobs, something isn’t right with a company’s work operations. Unfortunately, this is the daily reality for many Amazon warehouse workers.

A recent Senate investigation has exposed troubling concerns about how Amazon prioritizes fast delivery over employee safety. This investigation is raising serious questions about the human cost behind Amazon’s rapid shipping promises.

For 18 months, The Senate Health, Education, Labor and Pension (HELP) Committee investigated Amazon’s workplace practices. Their findings reveal a company that relentlessly pushes for speed at the expense of its workers’ well-being. Interviews with more than 130 Amazon employees and a review of seven years of injury data uncovered injury rates at Amazon warehouses that far exceed industry standards.

How dangerous are Amazon warehouses compared to industry standards?

According to the investigation, Amazon warehouse employees are nearly twice as likely to suffer injuries compared to workers at other warehouses. While the company claims that it prioritizes a safe working environment, it reported over 30% more injuries than the industry average in 2023 alone.

The investigation points to Amazon’s relentless drive for speed as the core issue. Workers are under constant pressure to maintain “an extremely fast and often dangerous pace.” While safety protocols technically exist, employees report that the company’s demanding productivity quotas make it nearly impossible to follow them. The fear of missing targets often forces workers to cut corners, which leads to a higher risk of accidents and injuries.

Employees describe an unforgiving system where even brief slowdowns can trigger warnings or disciplinary action. This constant strain turns routine tasks into high-risk activities that increase the likelihood of musculoskeletal injuries, falls, and other workplace hazards.

This is far from the first time Amazon has been criticized for unsafe working conditions. Workers in Bessemer, Alabama, have attempted to unionize multiple times since 2022, citing dangerous conditions and unrealistic productivity demands as major concerns.

What does the data say about Amazon injury rates?

Beyond the troubling injury rates, the Senate investigation accuses Amazon of distorting its safety data to minimize how dangerous its warehouses truly are. The company reportedly compares its injury rates to those of large warehouses with over 1,000 employees. However, since many of Amazon’s facilities have far fewer workers, this selective comparison skews the data and makes Amazon’s safety record seem better than it actually is.

The Senate committee called out this practice as misleading. “If the injury rate at Amazon’s warehouses was compared to the average injury rate for all of the nation’s warehouses — instead of just those included in the company’s preferred subcategory — Amazon’s safety record would look much more troubling,” the report noted.

This strategic data manipulation raises serious concerns about Amazon’s transparency and whether it genuinely values worker safety or simply manages its public image.

Perhaps even more alarming are claims that Amazon discourages injured workers from seeking adequate medical care. The investigation highlights troubling practices within Amazon’s on-site health clinics, known as AmCare. Employees report that AmCare staff often blame them for their injuries and actively discourage them from pursuing outside medical treatment.

Rather than referring injured workers to specialists for proper diagnosis and care, AmCare allegedly limits treatment to basic first aid. In some cases, employees say they were sent back to work without proper evaluation.

What kinds of injuries occur in Amazon warehouses?

Behind Amazon’s promise of lightning-fast delivery are workers enduring chronic pain, limited mobility, and sometimes permanent disabilities. The physically demanding nature of warehouse work has led to widespread musculoskeletal injuries in Amazon warehouses.

The Occupational Safety and Health Administration has previously flagged Amazon for exposing workers to these hazards. For example, employees have reported twisting, bending, and reaching for items up to nine times per minute during peak shifts. Over time, this intense physical strain leads to back injuries, joint pain, and repetitive stress disorders.

Our law firm protects the rights of injured warehouse workers

Being hurt on the job can be a frustrating experience, especially when your employer pushes you to exceed your physical limits. While the medical bills are piling up, your paycheck has stopped, and you’re worried about how to support yourself and your family, you may not know where to turn.

The good news is that the New York workers’ compensation system is designed to compensate you for medical expenses, lost wages, and rehabilitation while you recover. However, getting workers’ comp benefits can be a complicated process without the help and guidance of an experienced New York workers’ comp lawyer.

The legal team at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has over 90 years of experience protecting the rights of hardworking New Yorkers like you. Our team has a deep understanding of New York’s workers’ compensation laws and fights relentlessly to make sure our clients get the medical care and financial compensation they need.

It costs you nothing to talk to us, and there’s no pressure—just honest answers and real help. To learn more about your potential legal options after a work injury, contact us today for your free consultation.

“Pasternack Tilker Ziegler have been awesome in handling my injury case. My paralegal Randy Paula has been especially attentive and helpful through this entire process. I don’t think I would be having this much success in getting treatments without them.”
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Researchers to Identify ‘Forever Chemicals’ on Construction Sites

Yellow construction helmet placed on a concrete surface at a building site, with blurred workers and structures in the background under warm sunlight.

Construction workers face significant health risks from exposure to hazardous chemicals on the job, with per- and poly-fluoroalkyl substances (PFAS) emerging as a major concern. Known as “forever chemicals” because they don’t break down in the environment, PFAS are linked to serious health issues, including cancer, liver damage, and immune system dysfunction.

To better understand the dangers PFAS pose at construction sites, researchers have launched a groundbreaking study to assess the impact of these chemicals on workers nationwide.

“This is the first study to systematically document PFAS exposures in the construction sector,” explained Public Health Research Associate Professor Anila Bello of the Zuckerberg College of Health Sciences in an interview with UMass Lowell. “We will perform a comprehensive assessment of PFAS present in workers, the sources of the exposure, and how PFAS enter the body.”

This research seeks to shed light on a long-overlooked health risk, offering critical insights into how construction workers can be protected from harmful chemical exposure on the job.

What are PFAS and why are they so dangerous?

PFAS, or “forever chemicals,” are synthetic substances originally created to repel water, grease, and other materials from surfaces. While their versatility made them popular in a wide range of products, these chemicals are now known for their persistence in the environment and their ability to accumulate in the human body, potentially causing serious health problems.

As explained by UMass Lowell, PFAS chemicals earned their “forever” nickname because they don’t break down easily. Instead, they linger in soil, water, and even our bodies for years.

Common sources of PFAS exposure include:

Construction materials: Paints, varnishes, glues, and adhesives frequently used at job sites.
Insulation products: Especially those used for electrical wiring and other installations.
Water-resistant clothing: Outdoor gear and textiles designed to repel water often contain PFAS.
Food packaging: Grease-resistant wrappers and containers used in fast food or takeout packaging.
Firefighting foam: Commonly used in training exercises and emergency situations.
Nonstick cookware: Popular coatings like Teflon often rely on PFAS chemicals.
Cosmetics: Waterproof or long-lasting makeup products frequently contain PFAS.

For construction workers, the risks are particularly high due to regular exposure to PFAS in paints, adhesives, and insulation materials on job sites.

Common workplace illnesses caused by PFAS

Exposure to PFAS can lead to serious health issues for workers across various industries, including construction. These synthetic substances are linked to a range of illnesses that can develop after prolonged or repeated exposure on the job.

Common PFAS-related workplace illnesses include:

Cancer: PFAS exposure has been associated with several types of cancer, including kidney, thyroid, testicular, and breast cancer.
Kidney diseases: Workers may develop chronic kidney diseases, reduced kidney function, or even kidney failure due to exposure.
Liver damage: PFAS chemicals can lead to liver failure or other forms of chronic liver damage.
Immune system disorders: PFAS can weaken the immune system, making it harder for the body to fight infections and recover from illnesses.
Fertility issues: Exposure to PFAS may result in reduced fertility in both men and women.
Pregnancy-related complications: Pregnancy-induced hypertension and preeclampsia, which involve dangerously high blood pressure during pregnancy, have been linked to PFAS exposure.

Why are PFAS so common on construction sites?

PFAS are everywhere, with most Americans exposed to them at some point, according to the Centers for Disease Control and Prevention (CDC). However, construction workers face an elevated risk due to the nature of their work, which often involves regular contact with materials and conditions that increase the likelihood of exposure. This heightened risk is why researchers are focusing on construction workers in their upcoming study to assess the severity of PFAS-related illnesses in the industry.

Here are some key reasons why construction workers are particularly vulnerable to PFAS exposure:

Handling hazardous materials: Construction workers frequently work with products containing PFAS, such as paints, varnishes, adhesives, and insulation materials. Regular exposure during handling or application increases the risk of long-term health issues.
Demolition work: Tearing down old buildings or structures can release PFAS-containing materials into the air. This process often generates airborne particles that can be inhaled, raising the risk of PFAS-related illnesses.
Inhaling hazardous dust: Construction sites are filled with dust particles, many of which may contain PFAS. Without proper protective equipment, workers can inhale these particles, leading to cumulative exposure over time.

The combination of direct handling, airborne risks, and dust inhalation makes PFAS a significant hazard for construction workers.

How are researchers studying PFAS exposure?

According to the UMass Lowell article, researchers recently received a $600,000 grant from the Center for Construction Research and Training to study PFAS exposure levels among construction workers.

The Center for Construction Research and Training is funded by the National Institute for Occupational Safety and Health (NIOSH). Researchers will study PFAS levels in construction workers’ blood, urine, and stool samples.

The study will enable researchers to identify the severity of PFAS exposure among construction workers, along with which chemicals workers are being exposed to the most on the job.

“Our goal is to reduce and, when possible, eliminate PFAS exposures at the source and ultimately to minimize health risks among those who work in construction and allied trades,” researcher Dhimiter Bello said in an interview with UMass Lowell. “This, in turn, is expected to reduce PFAS-related occupational diseases.”

How an attorney can help if you’ve developed a work-related illness

Construction workers face unique and significant risks from PFAS exposure, with potentially devastating health consequences. This groundbreaking study is a critical step toward understanding and addressing the dangers of “forever chemicals” in the construction industry. But for workers already suffering from illnesses caused by PFAS, the path to justice and recovery can feel overwhelming.

If you or a loved one has developed a work-related illness due to PFAS exposure in New York, taking immediate action is essential. These cases are complex, often involving workers’ compensation claims, third-party liability, or other legal avenues to secure the compensation you need for medical care, lost wages, and future expenses.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have decades of experience fighting for construction workers in New York who have been injured or made ill on the job. Our team understands the challenges workers face, and we’re committed to pursuing every available legal option to hold responsible parties accountable.

Don’t wait to seek legal help. Contact us today to schedule a free consultation. With 12 offices across New York, including five in NYC, we’re ready to fight for you and your family.

“The firm treated me with respect and dignity and handled all my workers comp issues with ease. I highly recommend them. Thank you.” – Eduardo D., ⭐⭐⭐⭐⭐

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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.

“The firm treated me with respect and dignity and handled all my workers’ comp issues with ease. I highly recommend them.” – Former client.

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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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