Silverman, Silverman & Seligman, P.C.Silverman, Silverman & Seligman, P.C.2026-06-08T07:02:10Zhttps://www.thesilvermanfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1204624/2020/11/cropped-Favicon-32x32.pngOn Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[Got hurt lifting at work in New York? Here are your rights]]>https://www.thesilvermanfirm.com/?p=516552026-06-08T07:02:10Z2026-06-08T07:02:10ZYou have the right to file a workers' compensation claim
In New York, the law requires most employers to carry workers' compensation insurance. If you sustained a job-related injury, you generally have the right to file a claim regardless of who was at fault. You do not need to prove your employer did anything wrong. Under state law, you have 30 days to notify your employer and two years to submit a formal claim.
You have the right to medical treatment and wage benefits
Medical treatment: Your employer's insurance is responsible for paying for the care you need related to your injury, including doctor visits, imaging and physical therapy.
Wage replacement: If your injury prevents you from working, you may be entitled to benefits calculated at two-thirds of your average weekly wage from the 52 weeks before your injury, adjusted based on the extent of your disability, up to the state's maximum weekly rate.
One thing worth knowing: wage benefits generally do not begin until after the first seven days of missed work, unless your disability lasts longer than 14 days.
You have the right to a settlement
Many workers' compensation cases in New York end with a settlement rather than ongoing weekly payments. There are two main ways settlement can happen:
Lump sum settlement: You receive a one-time payment that typically closes out your entire case, including both wage and medical benefits. In some situations, you can structure it to keep your medical benefits open. This type of settlement requires approval from the state Workers' Compensation Board before it becomes final.
Wage-only settlement: Resolves your wage claims while keeping your medical benefits active, so your treatment continues without interruption going forward.
Which path makes more sense depends on how serious your injury is and what your long-term needs look like.
You have the right to legal representation
Workers' compensation claims in New York involve strict deadlines, documentation requirements and insurance tactics that can work against you. You have the right to an attorney throughout the process, and in most cases, you pay nothing out of pocket. Lawyer fees are approved by the Workers' Compensation Board and deducted directly from your award.
Having someone in your corner who knows the system can make a real difference in what you ultimately recover.
]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[Can remote workers qualify for workers’ comp claims in New York?]]>https://www.thesilvermanfirm.com/?p=516482026-04-29T09:51:53Z2026-04-29T09:51:35ZWork-related activity requirements for remote injury claims
Your claim often moves forward when your work directly connects to the injury, and the event occurs during your job activities. New York looks at whether your actions relate to your employment at that moment. This means your task and purpose carry more weight than your location.
If you suffer an injury while performing assigned work or acting in furtherance of your job, that connection often supports your workers’ compensation claim in New York. However, a personal activity that does not relate to your work could weaken that connection.
Evidence and claim challenges unique to home-based work injuries
You might face increased scrutiny because no direct witness can confirm what happened. You need clear and consistent records to support your claim, including the following:
emails or system activity showing ongoing work tasks
the precise time the incident occurred
medical records that link the injury to the activity
photos or details of your workspace setup
Each detail strengthens the connection between your injury and your work activity rather than a personal action.
The facts behind a remote injury claim matter most
You might still feel uncertain about where your situation stands, especially when your injury occurred within your own home. Focus closely on the specific activity you performed at that moment. Record the task, the exact time and the sequence of events that led to the injury while the details remain clear.
Keep any messages or work records that show you stayed engaged in your job. Clear and consistent details can help your employer, the insurance carrier or the Workers’ Compensation Board better understand your situation as your workers’ compensation claim case moves forward.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[What is a Section 32 waiver in New York workers’ comp?]]>https://www.thesilvermanfirm.com/?p=516462026-03-31T08:25:32Z2026-03-31T08:25:32ZHow a Section 32 waiver agreement works
This agreement is a voluntary deal between you and the party responsible for your benefits, such as your employer's workers' compensation insurance carrier. Under this arrangement, the carrier offers you a one-time lump-sum payment (or pay in installments), and you agree to permanently give up specific future payments tied to your workplace injury.
Either side can propose a Section 32 settlement, though the process typically begins when the insurer extends an offer. There is no fixed deadline to file, as the settlement remains an option as long as there is a valid claim with potential future liability.
What the board reviews before approval
The Workers' Compensation Board does not simply rubber-stamp Section 32 agreements. Instead, a workers' compensation law judge examines the terms to determine whether the settlement is unfair, unconscionable or improper as a matter of law.
A key issue is whether you truly understand the tradeoff. You may give up some or all future benefits depending on the scope of the terms you and the insurer negotiate, so the board looks for clear signs that you know what that means and that no one has pushed you into a decision that may not serve your interests.
The judge also looks at the amount offered. They compare it to the seriousness of your injury, your expected medical care and the payments you may receive over time. If the amount does not reflect the value of the claim, the board may reject the terms or return it for further discussion.
Why the decision deserves careful thought
There are real advantages to a Section 32 agreement. A lump-sum payment can provide financial relief when you need it most, and closing your case means you no longer have to attend hearings, undergo carrier-requested medical exams or deal with ongoing disputes over your benefits.
For some workers, the certainty is more practical than relying on weekly payments that carriers may delay, dispute or reduce over time. The peace of mind that comes with putting a drawn-out claim behind you also matters.
That said, the risks are significant. If your condition worsens after you sign or you need medical treatment you did not anticipate, the cost falls entirely on you. This is a serious concern for anyone dealing with an injury that may require long-term care or that could deteriorate in ways that are difficult to predict now.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[Should I sue my employer? 4 workers’ comp myths debunked]]>https://www.thesilvermanfirm.com/?p=516422026-02-23T15:14:12Z2026-02-23T15:14:12ZA slip on a wet floor or a back strain from lifting heavy equipment are just some examples of a workplace injury that can quickly throw your life off balance. One day you’re following your usual work routine, and suddenly you’re juggling doctor visits and worrying about whether you’ll be compensated.
It is natural to panic and wonder if you need to take legal action or to worry that filing a claim might make things worse. The truth is that workers’ compensation exists to provide support, but myths and misinformation can complicate the process. Understanding the facts is the first step toward protecting both your health and your income while you focus on recovery. Here are four common workers’ compensation myths and the facts you should know.
Myth 1: I should sue my employer to get compensation
Many injured workers assume that filing a personal injury lawsuit is the only way to receive assistance. In New York, however, most workplace injuries are covered by workers’ compensation insurance. Suing your employer is usually unnecessary and is often not permitted by law. Workers’ compensation is specifically designed to cover medical bills and lost wages, allowing employees to focus on healing rather than managing a legal battle.
Myth 2: Filing a claim will make me lose my job
It is understandable to worry about retaliation. In New York, the law protects employees who file legitimate claims. Employers cannot legally terminate someone simply for seeking benefits. If you suspect that your employer is retaliating against you, you may have additional legal options that allow you to protect your employment while pursuing the compensation you deserve.
Myth 3: Only serious injuries qualify
Some workers believe that only major injuries are covered. In reality, workers’ compensation applies to a broad spectrum of conditions, ranging from sprains and strains to repetitive stress injuries and occupational illnesses. Reporting your injury promptly and accurately ensures that you receive the medical care and wage benefits you need, even if the injury initially seems minor.
Myth 4: Workers’ comp doesn’t cover mental health
Many people assume workers’ compensation only applies to physical injuries. In New York, certain work-related mental health conditions can be compensable, but the standard is high. To qualify, the trauma must go beyond the normal stress of a similar job. Routine stress, like a tense performance review, usually does not qualify. PTSD caused by witnessing a serious workplace accident, being involved in a violent incident or facing extreme harassment may qualify for benefits. Early documentation, medical evaluation and clear evidence linking the trauma to your work are essential to making a strong claim.Workers’ compensation can feel overwhelming when myths cloud the process. Understanding your rights and the realities of the system allows you to focus on recovery instead of worrying about whether filing a claim will create problems.
Seek guidance for peace of mind
If you have questions about a workplace injury or workers’ compensation in New York, a qualified attorney can provide you with the right guidance and reassurance. An experienced legal professional can work to protect your rights as an employee and help you receive the benefits you are entitled to.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[Which work injuries can you receive compensation for in New York?]]>https://www.thesilvermanfirm.com/?p=513262026-01-26T07:17:55Z2026-01-26T07:17:55ZWhich injuries does New York cover?
In New York, there is no fixed list of injuries the state can cover. Instead, employers are liable, regardless of fault, for many injuries an employee sustains as a direct result of their job. On top of that, the Workers’ Compensation Law states that employers are responsible for securing compensation for any employees with work-related injuries.
Compensation excludes injuries from outside of work, as well as deliberately self-inflicted injuries. Injuries the state covers typically include:
Slips and falls on wet floors, uneven surfaces or areas missing guard rails
Moving objects such as heavy-duty equipment or falling items in the workplace
Overexertion from lifting, pulling, pushing and other physically demanding tasks
Motor vehicle accidents such as accidents with trucks, delivery vans and forklifts
Burns from heat, steam, chemicals and electrical contact
Machine-related injuries when operating sensitive equipment
Occupational illnesses from exposure to chemicals and other harmful substances
However, some injuries result from repeated motions and constant strain. When this happens, there might not be a clear incident or accident to examine. If you want to receive compensation for these injuries, you must find evidence that connects the condition to your work. For example, if your job requires you to work with your hands frequently, you may be eligible to file and win a claim for a condition like carpal tunnel syndrome.
What should you do if you receive a work-related injury?
If you receive an injury as a result of your job, it is important to seek medical attention immediately and notify your employer within 30 days after receiving the injury. Gather as much evidence and provide as many details as possible, explaining where, when and how the incident occurred.
Receiving compensation is essential because it may be difficult to recover financially otherwise. Compensation can make up for lost wages, especially if your injury prevents you from working.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[Can you reopen a workers comp settlement in New York?]]>https://www.thesilvermanfirm.com/?p=513272025-12-29T08:44:24Z2025-12-29T08:44:24ZGetting hurt at work can change your plans fast. Many people in Schenectady accept a workers’ comp settlement to bring a claim to a close. Time passes, symptoms change or new limits appear. At that point, questions about reopening the case often come up. New York law allows limited options, but reopening a case depends on how the parties structured the settlement and what changed afterward.
When does New York law reopen a settlement
The Workers’ Compensation Board cannot revisit every settlement. In New York, the Workers’ Compensation Board treats some agreements as final while others leave a narrow door open. New York officials resolve most claims quickly, and reopening is uncommon. Studies of New York workers’ compensation data show that only about 7% of claims remain open five years after the injury date, highlighting how rarely cases are revisited once resolved. Even so, reopening may be possible when the original settlement did not fully cover future benefits or when key facts were unknown at the time. These situations focus on whether the agreement accurately reflected the injury and its long-term effects.Circumstances that may allow review include:
A change in medical condition that was not expected at settlement
A settlement that left medical benefits open
Evidence that key information was missing or incorrect
A finding that the agreement was not properly approved
Each of these situations focuses on fairness and accuracy. Showing that circumstances shifted in a meaningful way can affect whether the Board will review the claim again.
Why most settlements stay closed
Many New York workers accept Section 32 agreements. These agreements aim to end a claim for good. Closing future wage and medical benefits provides certainty for both sides. That certainty also limits later options.Understanding the difference between a full and partial closure can shape expectations. Accepting a final settlement may bring faster payment. It may also mean giving up the right to future benefits tied to the same injury. Evaluating how the agreement was written can clarify what remains open and what does not.
Knowing where you stand
Living with a work injury often means adjusting over time. Learning how New York treats settled claims can help you assess your position. In Schenectady, the Workers’ Compensation Board applies the same statewide rules, but outcomes depend on details. Looking closely at how the settlement addressed future care and disability may shed light on whether reopening is even possible.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[The most common reasons why workers’ compensation claims are denied]]>https://www.thesilvermanfirm.com/?p=506312025-12-24T14:13:47Z2021-12-13T23:00:38ZThe injury occurred outside of work duties
New York’s workers’ compensation statute clearly establishes that injuries only qualify for coverage if they occur in the course of one’s work duties or arising out of the conditions of one’s employment. In other words, you must have been engaged in work duties at the time of your injury for it to qualify.
Insurance companies often disqualify injuries that they think occurred due to horseplay or fooling around on the part of employees, or while not strictly engaged in their work duties.
A missed deadline
The workers’ compensation claims process has many strict deadlines. The first deadline you will come up against after your injury is the requirement for informing your employer of your injury. If you do not properly disclose your injury within 30 days – or if you miss any other deadlines – the insurance company will have the justification they need to deny your claim.
Pre-existing conditions
Most of the time, a medical examination will clearly reveal that the source of an employee’s injury was their workplace accident. Occasionally, however, insurance companies will find a pre-existing condition in the employee’s medical history that they can blame the injury on, and that they can use as justification for denying the claim.
If you live in the Capital District or upstate New York, and you are thinking of filing for workers’ compensation, don’t hesitate to contact Silverman, Silverman and Seligman PC. We only get paid if we recover benefits for you, so you have nothing to lose. Call today to schedule your free consultation.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[How often should I call my workers’ comp attorney?]]>https://www.thesilvermanfirm.com/?p=506302025-12-24T14:13:52Z2021-12-10T20:29:29ZHow often should we talk?
Basically, when you are in the midst of a workers' compensation claim, you should plan on talking to your attorney every few weeks or so until your claim is resolved. This keeps you in the loop about the progress of your case and what is in your New York State Workers' Compensation Board file. This can be especially important if your doctor has yet to file a medical report. Your lawyer will know what to do if your doctor has not taken care of this key piece of evidence yet, but in some cases, physicians respond better to direct requests from their patients.
And if you plan to testify at the hearing, you will need to prepare your testimony so that you know what questions to expect and what you say is clear, accurate and convincing. An experienced workers' comp attorney will have been through hundreds of these hearings, as well as prehearing conferences. They will work with you to make sure you go into the hearing feeling confident about what you are going to say.
Keep control of your case
It can be frustrating just to wait weeks or months for news whether you have gotten workers' compensation benefits or not. Regular communication with your lawyer can give you a clearer picture of what is happening and a feeling of control over your case.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[The different types of back injuries you can suffer at work]]>https://www.thesilvermanfirm.com/?p=505522025-12-24T14:13:56Z2021-10-04T15:02:36Zback injuries in many ways, but one of the most common sources of back problems is work. Whether you hurt your back in a sudden on-the-job accident or gradually over many years of physical strain, the disabling pain and physical limitations are the same. It might be months or years before you can go back to work -- if you ever can.
Four ways workers in Schenectady injure their backs
Soft tissue injuries, including sprains (stretched or torn ligaments) and strains (stretched or torn muscles)
Herniated discs in the spinal column
Degenerative conditions such as arthritis, spinal stenosis and degenerative disc disease
Fractures from a fall or due to osteoporosis
Some back injuries are relatively minor. Treatment can cure them, or at least make them manageable so that you can keep working. But often, work-related back injuries are so debilitating that you must stop working to help your recovery. As everyone knows, medical care can be very expensive, even if you have good health insurance.
Workers' compensation can help you pay those medical bills and keep your family financially stable during your recovery. But your employer may try to claim that you suffered your back injury outside of work or even accuse you of lying or exaggerating. Fortunately, if your workers' comp claim gets rejected, or the insurance company offers you far less than you need, you have the right to appeal in New York.]]>On Behalf of Silverman, Silverman & Seligman, P.C.<![CDATA[Do I have a qualifying medical condition?]]>https://www.thesilvermanfirm.com/?p=505002025-12-24T14:14:02Z2021-07-13T21:49:08ZSSDI fund through taxes withheld from their pay can later claim the benefit due to a disability. Then there is the matter of proving that you have become disabled due to an injury, illness or condition to the point that you can no longer earn a livable income.
Are you working? Someone who is still able to work and earn more than $1,310 monthly is unlikely to qualify as disabled.
Is your disability severe? By "severe," SSA means a condition that "significantly limits" your ability to do basic work-related functions, such as standing, sitting, walking, concentrating or remembering. These limitations must have lasted for at least 12 months.
Is your condition on our list? SSA maintains a list of disabling conditions that qualify an applicant for benefits. The list is fairly long and the agency adds to it periodically. It includes things like certain cancers, respiratory disorders, musculoskeletal disorders, mental disorders and neurological disorders.
Getting approved can be a long process, but SSA uses its Compassionate Allowances program to expedite consideration for people whose conditions are likely to cause their deaths fairly soon. They also use computer screening to identify applications that are most likely to be approved.]]>