If you were injured at work, you may qualify for workers’ compensation benefits under New York’s no-fault system. This includes coverage for medical treatment, lost wages, rehabilitation, and other job-related injury expenses. However, the claims process isn’t always simple – delays, denials, and disputes with insurance carriers are common.
At Stanley Law Offices, our Rochester workers’ compensation lawyer represents injured employees across all industries. Whether your injury happened in a fall, while lifting, using machinery, or due to toxic exposure, we help you file or appeal your claim with confidence.
With over 90 years of combined experience in Upstate New York, our workers’ compensation team has represented injured employees across high-risk industries, including construction, healthcare, manufacturing, logistics, and the public sector. We focus on securing the full benefits the law provides – not quick payouts that leave you short in the long run.
Visit us at our Rochester office or call now for a free consultation with a Rochester work injury attorney. We’re here to protect your rights, your income, and your recovery.
Workplace injuries aren’t rare. In fact, according to the U.S. Bureau of Labor Statistics, 5,283 U.S. workers lost their lives in 2023 due to job-related injuries. That’s one worker every 99 minutes.
Common Workplace Accidents and Unsafe Conditions That Cause Them
Many workplace injuries in Rochester happen not because of freak accidents, but because of unsafe conditions employers should’ve addressed. Whether it’s a slippery floor, faulty equipment, or lack of training, understanding what caused your injury can strengthen your workers’ comp claim and in some cases, support a third-party lawsuit.
Below are common workplace accidents our New York workplace injury lawyers handle, what typically causes them, and the types of workers most affected.
1. Slip and Fall Accidents
- Cause: Wet or oily floors, uneven surfaces, poor lighting, or missing warning signs
- Commonly Affected Workers: Hospital staff, warehouse employees, custodial crews, retail workers
2. Falls from Heights
- Causes: Missing guardrails, unsecured scaffolding, lack of safety harnesses or fall protection
- Commonly Affected Workers: Construction workers, painters, roofers, window washers
3. Equipment or Machinery Accidents
- Causes: Lack of safety guards, improper lockout/tagout procedures, poorly maintained machinery
- Commonly Affected Workers: Factory workers, machine operators, construction laborers
4. Vehicle-Related Workplace Accidents
- Causes: Inadequate driver training, distracted driving, poor vehicle maintenance, unsafe worksites
Commonly Affected Workers: Delivery drivers, commercial truckers, utility workers, roadside crews
5. Repetitive Motion Injuries
- Causes: Repeated motions without breaks, poor ergonomics, physically demanding tasks
- Commonly Affected Workers: Assembly line workers, office staff, cleaners, food service workers
6. Exposure to Hazardous Substances
- Causes: Lack of personal protective equipment (PPE), poor ventilation, improper chemical handling
- Commonly Affected Workers: Janitors, industrial laborers, lab technicians, maintenance personnel
7. Electrocution or Electrical Accidents
- Causes: Faulty wiring, contact with live power sources, lack of shut-off or grounding protocols
- Commonly Affected Workers: Electricians, HVAC technicians, construction workers, facility staff
If your injury was caused by one of these conditions, you may have additional legal options. An experienced Rochester construction accident attorney can help assess whether third-party liability or an OSHA violation strengthens your case.
How Our Rochester Workers’ Compensation Attorneys Build Strong Claims
Filing a claim is just the beginning. Our workers’ compensation attorneys in Rochester handle every stage of the legal process, whether your case is resolved through documentation or it proceeds to a hearing or formal appeal.
Here’s how we help protect your rights from day one:
- Review Your Case in Detail: We examine your injury report, medical records, job duties, employer response, and insurance documents to identify gaps or risk factors that could trigger a denial or delay.
- Coordinate with Board-Authorized Doctors: We connect you with medical providers approved by the New York Workers’ Compensation Board (WCB) to ensure your injuries are diagnosed, treated, and reported correctly.
- Build a Full Evidence Record: From medical records and safety reports to witness statements and payroll documentation, we collect and organize everything needed to support your claim.
- Manage All Insurer Communication: We deal directly with the insurance carrier to prevent miscommunication, low settlement offers, or delays in your benefits.
- File and Monitor All Paperwork: We handle all filings with the New York Workers Compensation Board, including Form C-3, medical attachments, and legal responses, ensuring everything is timely and complete.
- Represent You at Hearings and Appeals: If your claim is disputed or denied, we prepare you for hearings before a Workers’ Compensation Law Judge. We present medical evidence, examine witnesses, and argue for full benefits.
- Litigate When Necessary: If disputes persist, we pursue appeals before the WCB Panel or New York State courts. Our team understands how to position your case for success throughout the litigation process.
- Focus on Your Long-Term Recovery: We structure every case with an eye on future medical needs, reduced earning capacity, and potential Schedule Loss of Use (SLU) awards.
Whether your case settles early or goes to trial, our legal team is with you at every step.
Do you have a workers’ comp case and not sure when to hire a lawyer? Check out our guide on when to hire a workers’ compensation lawyer.
Work-Related Injuries That Qualify for Workers’ Compensation Benefits
Not all workplace injuries are immediate or obvious. New York workers’ comp covers both sudden trauma and injuries that develop over time – as long as they’re connected to your job.
Here are some common types of injuries that are often covered:
- Back and Neck Injuries: Strains, herniated discs, and spinal damage caused by lifting, falls, or repetitive physical stress.
- Fractures and Broken Bones: Often caused by slips, falls from heights, or being struck by heavy equipment or materials.
- Traumatic Brain Injuries (TBI): Resulting from blows to the head, falling objects, or severe falls, even without a visible wound.
- Chemical Exposure Injuries: Burns, rashes, respiratory problems, or internal organ damage caused by contact with toxic substances, hazardous fumes, or unsafe chemical storage.
- Repetitive Stress Injuries: Conditions like carpal tunnel syndrome or tendonitis that develop from repeated motions without proper ergonomics or rest.
- Occupational Illnesses: Work-related diseases linked to toxic exposure, poor air quality, or long-term contact with irritants often affecting the lungs, skin, or immune system.
- Burns and Electrical Injuries: Injuries caused by live wires, electrical malfunctions, or workplace fires and hot equipment.
- Hearing or Vision Loss: Gradual damage from prolonged exposure to loud machinery, explosions, or unsafe lighting conditions.
Workers’ Compensation Benefits Available to Injured Workers in New York
After a work-related injury or illness, you may be entitled to workers’ comp benefits that cover medical care, replace lost income, and support your recovery.
Here’s an overview of the primary benefits available under New York Workers’ Compensation Law:
- Medical Benefits: Full coverage for necessary and authorized medical care related to your work injury or illness. This includes emergency treatment, surgery, physical therapy, prescriptions, durable medical equipment, and ongoing rehabilitation. Reimbursement for travel to medical appointments may also apply.
- Temporary Total Disability (TTD): Wage replacement benefits for workers who are completely unable to work for a temporary period. Payments are typically two-thirds of your average weekly wage, subject to New York’s statutory maximum.
- Temporary Partial Disability (TPD): If you return to work in a reduced capacity or earn less due to your injury, you may receive partial wage replacement based on the difference between your pre-injury and post-injury earnings.
- Permanent Disability Benefits: For lasting physical impairments, workers may receive either:
- Permanent Total Disability: When you’re unable to return to any form of work.
- Permanent Partial Disability: For impairments that reduce your earning ability but don’t prevent all work.
- Schedule Loss of Use (SLU) Awards: Lump-sum compensation for permanent loss of function in a specific body part such as an arm, hand, leg, foot, eye, or fingers even if you’re able to return to work. These awards are based on a statutory schedule set by the state.
- Vocational Rehabilitation Services: If you can’t return to your previous occupation, you may be eligible for job retraining, education, and placement services to help you transition into new employment.
- Death Benefits: In the tragic event of a fatal work-related injury or illness, surviving spouses, children, or other dependents may be entitled to weekly cash benefits and reimbursement for funeral or burial expenses.
Not every injured worker will qualify for all benefits. Each claim is unique, and your eligibility depends on your medical condition, job duties, and the circumstances of the injury. A full legal review can help determine what benefits apply to your case.
Contact us, and we’ll help you secure the maximum workers’ comp settlement amount for your injury.
How We Handle Denied, Delayed, or Disputed Workers’ Comp Claims
A denied or delayed workers’ comp claim can leave you feeling stuck especially when you’re already dealing with pain and lost income. But a rejection doesn’t mean you’re out of options. It simply means the system needs to be challenged with the right legal support.
Our approach includes:
- Analyzing your denial notice to understand the reason and determine the next step.
- Filling in gaps in medical evidence, employer records, or incident documentation.
- Preparing and filing appeals with the New York Workers’ Compensation Board.
- Representing you at hearings, ensuring your story is clearly presented and supported by evidence.
- Challenging stalling tactics or underpayments from the insurance carrier.
- Seeking back pay or reinstated benefits, when applicable.
Whether you’re just starting an appeal or stuck in a claims dispute, legal guidance can make the difference. We’re here to help you move forward with a strategy that’s built for the long term.
Workers’ Compensation vs. Personal Injury Claims: Can You File Both?
In New York, workers’ compensation provides benefits after a job-related injury even if no one was at fault. But if someone other than your employer caused your injury, you may also be able to file a personal injury lawsuit for additional compensation.
Key Differences Between Workers’ Comp and Personal Injury Claims
| Aspect | Workers Compensation | Personal Injury Claim |
|---|---|---|
| Fault Required | No, it’s a no-fault system | Yes, you must prove someone else was negligent |
| Pain & Suffering Covered | Not available | Full compensation for pain and suffering |
| Lost Wages Covered | Partial wage replacement (usually ⅔ of average weekly wage) | 100% of lost income, including future earnings |
| Medical Bills | Covered by workers’ comp-authorized providers | Covered in full if proven part of the injury |
| Suing Your Employer | Not allowed in most cases | Only in rare exceptions (e.g., intentional harm) |
| Third Party Claims | Not part of the workers’ comp system | Can sue contractors, drivers, property owners, product makers |
When Both Claims May Apply:
You may qualify for both workers’ compensation and a personal injury claim if you were:
- Injured by a third-party driver during work (e.g., a delivery driver hit by another car)
- Hurt on a jobsite due to a subcontractor’s negligence
- Injured by faulty equipment (e.g., power tools, ladders, or safety gear)
- Exposed to toxic chemicals from a product manufacturer
- Injured on unsafe property not controlled by your employer
A third-party claim can significantly increase the total compensation available to you, including pain and suffering, future income loss, and long-term care.
What Should You Do After a Workplace Accident?
The moments after a work-related injury can feel overwhelming but the steps you take next matter. Acting quickly protects your health, your income, and your workers’ compensation rights in New York. Here’s what to do:
1. Report the Injury Immediately
Tell your supervisor or employer as soon as the accident happens. In New York, you must notify your employer within 30 days of the injury or your claim could be denied.
2. Get Medical Treatment Right Away
Even if the injury seems minor, get checked by a doctor as soon as possible. Make sure the provider is authorized by the New York Workers’ Compensation Board; otherwise, treatment may not be covered.
3. Describe the Incident Accurately
When describing the injury, to doctors, your employer, or the insurance carrier, explain clearly what happened and where it happened. Inconsistent statements can raise red flags and delay benefits.
4. File Form C-3 Quickly
This is the official claim form. Submit it online or by mail to the NY Workers’ Compensation Board to start the process. The sooner you file, the sooner your benefits may begin.
5. Document Everything
Keep copies of medical records, written incident reports, and communication with your employer or insurer. If there were witnesses, get their names and contact info. These records can be key if your claim is questioned.
6. Contact a Workers’ Compensation Lawyer
If your injury is serious, your claim is denied, or you’re unsure what benefits you qualify for, speak with a lawyer. A Rochester workers’ compensation attorney can ensure everything is filed correctly, on time, and with the evidence needed to support your case.
A workplace injury can happen in seconds, but your recovery depends on what happens next.
Make the first call to Stanley Law Offices. We’re on the job when you can’t be.
Why Injured Workers in Rochester Choose Stanley Law Offices
Choosing the right workers’ compensation lawyer can make all the difference not just in how quickly your case moves, but in how fully your future is protected. At Stanley Law Offices, we help injured workers across Rochester and Upstate New York navigate the system with clarity, care, and legal precision.
What Sets Us Apart:
- 90 Years of Combined Experience: Our qualified attorneys have handled multiple claims involving construction accidents, repetitive stress injuries, occupational illnesses, and more.
- The Stanley Success System™: A proven, structured approach to case-building that focuses on securing the full range of benefits not just the fastest offer.
- The MAXIMUM Award People™: We’re committed to seeking the maximum value of your claim, including lost wages, medical expenses, future care, and vocational support when applicable.
- Clear Communication: You’ll always know what’s happening with your case, what to expect next, and what your legal options are.
- No Legal Fees Unless You Recover: There are no upfront costs. You only pay us if we successfully recover compensation on your behalf.
When your livelihood is at risk, you need a legal team that goes beyond paperwork. You need advocates who understand the system, listen to your concerns, and fight for a result that truly helps you move forward. That’s what we do at Stanley Law Offices.
Proven Case Results for Injured Workers in Rochester
No two work injuries are alike, and neither are the outcomes. At Stanley Law Offices, we’ve helped workers from all walks of life recover what they need to move forward. From serious construction site accidents to denied claims that were turned around on appeal, our case history reflects our commitment to getting it right.
These are just some of the outcomes we’ve achieved for injured workers across Upstate New York:
Our Successful Construction Accident Verdicts and Settlements
A sixteen-year-old girl was misdiagnosed at the hospital. The physicians believed that she had the flu however she really had pseudotumor cerebri, which is a build-up of pressure on the optic nerves. Given the delay in diagnosis, she was rendered permanently blind. She received 3.2 million at trial.
THOUSAND
A construction worker fell from a scaffold
A construction worker fell from a scaffold on a construction site and sustained a herniated disc requiring surgery. He received $750,000 settlement.
THOUSAND
THOUSAND
THOUSAND
We don’t promise outcomes but we do commit to doing the work, case by case, client by client. If your workers’ compensation claim has been delayed, denied, or you’re unsure where to turn, we’re here to help you understand your options and take the next step.
Get Help from a Rochester Workers’ Comp Attorney Today
If your claim has been delayed, denied, or you just need help understanding your rights, don’t wait. The sooner you act, the sooner you can secure the benefits you’re entitled to, with legal support every step of the way.
Have questions? Not sure where to start? Make the first call to Stanley Law Offices at 1-800-608-3333. We’ll help you take the next step with confidence and no pressure.
You’ve worked hard. Let us help protect what you’ve earned.
