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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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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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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