Content reviewed by:
Alex Shulman
Shulman & Hill Injury Lawyers helps home health aides, personal care aides, and CNAs pursue workers’ compensation benefits and related injury claims.
Since 2013, our Greenburgh home health aide injury lawyers have represented injured New Yorkers who were hurt while doing demanding physical work. We handle claims involving falls, lifting injuries, occupational diseases, crashes between client visits, and assaults inside private residences.
If you were injured during an agency assignment, live-in shift, overnight call, or authorized travel, contact Shulman & Hill today for a free consultation. Our Greenburgh workers’ compensation lawyers can help protect your rights.
Home Health Aide Injury Claims in Greenburgh
New York workers’ compensation law covers most aides who are injured while providing care in private homes, assisted living settings, and other assigned care locations. If you work for an agency, nursing company, or home care provider in Greenburgh, you may qualify for medical treatment, wage benefits, and awards for permanent loss of function.
Shulman & Hill files claims with the New York State Workers’ Compensation Board, reviews wage records, and addresses disputes over medical care, disability level, and work status. If your claim was denied, delayed, or underpaid, we can request a hearing and present the proof needed to support your benefits.
Home care claims often require more detail than a standard injury report. Our Greenburgh personal injury lawyers look at the client’s condition, the care plan, the home layout, the equipment available, and whether the agency assigned work that could not be done safely.
Eligibility for Workers’ Compensation Benefits
To bring a New York workers’ compensation claim, the injury or occupational disease must be connected to your employment. You generally must report the injury to your employer within 30 days and file a claim with the Workers’ Compensation Board within the required time period.
Workers’ compensation benefits may include:
- Authorized medical treatment.
- Prescription medication.
- Physical therapy.
- Diagnostic testing.
- Partial wage replacement.
- Payments for reduced earnings.
- Schedule Loss of Use awards.
- Benefits for qualifying permanent disability.
How Our Home Health Aide Injury Lawyers Build Your Case
Shulman & Hill begins by looking at what care you were providing, where you were standing, how the client moved, what equipment was available, and whether anyone else was present.
From there, we work to connect the work activity to the diagnosis. A back injury from catching a falling client, a shoulder tear from repeated transfers, or a knee injury from icy steps needs clear medical support. The doctor’s records should match the accident description and the body parts listed in the claim.
We also review your average weekly wage. Home health aide pay often varies by client, shift, agency, overtime, and live-in assignment. If you worked more than one job, we evaluate whether concurrent employment may increase the wage rate.
When Third Parties May Be Liable for Your Injury
Workers’ compensation may not be the only claim. If someone other than your employer caused your injury, you may also have a third-party lawsuit.
Examples include:
- A landlord failed to repair broken stairs.
- A property owner failed to clear ice.
- A driver caused a crash while you were traveling between client visits.
- A vendor supplied defective lift equipment.
- A building owner ignored a known hazard.
- A household member caused an assault or unsafe condition.
A third-party claim may allow you to seek damages that workers’ compensation does not pay, including pain and suffering, full lost earnings, and future financial loss.
Our Greenburgh home health aide injury attorneys at Shulman & Hill review both claims together so the workers’ compensation case and lawsuit stay aligned.
Our Process and Fees at Shulman & Hill
We begin with a free case review. We then ask questions such as how the injury happened, what treatment you received, whether you are working, and whether the agency or carrier has denied anything.
Our attorneys will then identify what must be proven. That may include employee status, average weekly wage, medical causation, disability level, treatment authorization, third-party liability, or whether a return-to-work offer matches your restrictions.
You do not pay a New York workers’ compensation attorney directly out of pocket. Attorney fees must be approved by the Workers’ Compensation Board and are generally paid from compensation awarded in the case. We explain the fee process before you hire us.
How We Support Union and Agency Aides
Union rules and agency policies may affect reporting, modified duty, scheduling, wage records, and benefit questions. We review the documents that apply to your job and align the workers’ compensation claim with those requirements.
Agency pressure is common in home care cases. Some aides are asked to return before they are ready, accept unsafe assignments, or work beyond restrictions because a client needs help.
Shulman & Hill can communicate with the carrier and address the record so your restrictions are clear. If a client’s family is pressuring you to perform unsafe tasks, we can help move those concerns into the formal claim record.
Documentation That Strengthens Your Case
Detailed records can decide disputes over wage benefits, medical care, and work connection. Save anything that shows your schedule, duties, injury, treatment, and lost income.
Useful records include the following:
- Pay stubs
- Assignment schedules
- Text messages from the agency
- Client care plans
- Visit logs
- Time sheets
- Incident reports
- Medical notes
- Therapy records
- Work restrictions
- Photos of hazards or injuries
- Witness names and contact information
Our home health aide injury attorneys in Greenburgh organize these materials for hearings, appeals, settlement talks, and third-party review. A clear record gives the Board a stronger basis to award benefits.
Talk With a Greenburgh Home Health Aide Injury Attorney at Shulman & Hill Today
If you were injured while caring for clients, Shulman & Hill can review your work injury claim, deal with the insurance carrier, and pursue the benefits available under New York law.
We help home health aides with denied claims, delayed wage checks, treatment disputes, IMEs, hearings, appeals, and third-party cases when another person or company caused the injury.
Contact our firm today for a free consultation. New York, We Got You.