Content reviewed by:
Alex Shulman
Were you hurt while providing care as a home health aide? This can be an upsetting situation to find yourself in, but you’re not alone, and a workers compensation lawyer in Huntington can advocate for your rights.
Founded in 2013, Shulman & Hill Injury Lawyers have helped more than 26,000 people just like you recover over $1 billion in compensation. Together, we have over 200 years of combined experience, and we’re here to help you seek justice.
While we’re based in Manhattan, we have offices across all boroughs. As your home health aide injury lawyer in Huntington, we combine a big‑city experience with easy local access for clients. You can count on us to fight for the financial recovery you need.
The Role a Lawyer Plays for Injured Huntington Home Care Workers
After an on-the-job injury, you need medical coverage and a steady plan to replace lost wages. A personal injury lawyer in Huntington can help you report the injury correctly, file the right forms, and build proof your claim needs.
We also address disputes, from claim denials to low benefit rates. If someone outside your employer caused the injury, we identify potential third-party claims while keeping your workers’ comp case on track.
When Does a Workplace Injury Turn Into a Third-Party Case?
Workers’ comp pays medical care and a portion of wages regardless of fault. But if a negligent driver, property owner, product manufacturer, or contractor contributed to your injury, you may also bring a personal injury claim.
This added claim can cover pain and suffering and other losses not paid by workers’ comp. We coordinate both cases so benefits are not jeopardized and liens are properly handled.
Common Causes and Helpful Evidence
Home care injuries frequently stem from heavy lifting, awkward transfers, sudden patient movements, cluttered hallways, or unsafe stairs. Needle sticks, chemical exposures, and violent incidents also appear in HHA and PCA claims.
Start gathering proof early. Keep copies of forms and records that support how, when, and where you were hurt, and how the injury affects your work:
- Incident or accident reports filed with your agency or employer
- Photos or video of the scene, hazards, and visible injuries
- Medical records and doctor notes describing diagnosis and work limits
- Witness names and contact details, including clients and family members
- Work schedules, timesheets, and mileage logs between client visits
Unlike a single fixed workplace, your job may change location daily. Each home presents different flooring, lighting, pets, stairs, and assistive equipment, increasing fall and strain risks.
You’re also more likely to drive between assignments, which raises the chance of motor vehicle injuries. Time pressure, short-staffing, and lack of lifting equipment can add to the strain on your back, shoulders, and knees.
Benefits Available Through New York Workers’ Compensation
Workers’ compensation can cover reasonable and necessary medical care, including surgery, physical therapy, medications, and medical devices. Travel costs to authorized appointments may also be reimbursable.
If your injury keeps you out of work or limits your hours, you may qualify for partial wage replacement based on your average weekly wage and degree of disability. Some injuries may qualify for scheduled loss of use awards or other permanent impairment benefits.
New York also prohibits retaliation for filing a claim. If you face adverse action after reporting an injury, we can pursue remedies through the Workers’ Compensation Board’s discrimination process.
Deadlines, Notice, and What To Expect From the WCB
Three timeframes matter more than others: report the injury to your employer within 30 days, seek medical care promptly, and file your Board claim within two years. Occupational diseases generally follow a two-year period from when you knew the condition was related to your job.
After your claim is filed, the carrier may accept, pay without prejudice, or dispute it. If there’s a dispute over coverage, wages, or medical treatment, the Workers’ Compensation Board can schedule hearings or conferences to resolve issues.
Keep all appointments and follow medical guidance. Gaps in care, missed hearings, or inconsistent reports can reduce benefits. We help you stay organized and present clear, consistent information to the Board.
Third-Party Lawsuits Beyond Workers’ Comp
Some injuries involve someone outside your employer. Examples include a collision caused by another driver while you’re traveling to a client, a defective lift or walker that fails, or a property hazard at a residence maintained by a landlord or contractor.
A third-party claim can seek damages that workers’ comp does not, including pain and suffering and full lost earnings. We evaluate liability, gather evidence, and coordinate the personal injury case with your workers’ comp matter for a smooth approach.
If Medicare, Medicaid, or the workers’ comp carrier has a lien on your recovery, we address it during settlement discussions. This helps align timing and net outcomes across both cases.
For Legal Advice From Our Home Health Aide Injury Law Firm in Huntington, Contact Shulman & Hill Injury Lawyers
If you’re a home health aide or a caregiver who’s been hurt on the job, Shulman & Hill Injury Lawyers is ready to help you take the next step. We handle workers’ compensation claims and related third-party cases arising from in-home care, facility shifts, and travel between clients.
Contact us to discuss your situation, adhere to relevant deadlines, and explain the benefits that might apply to your case. We’ll review your options, outline the process, and start building a plan tailored to your recovery.
