Content reviewed by:
Alex Shulman
When you’re hurt caring for others, you may feel overwhelmed and unsure where to turn. At Shulman & Hill, we help injured home health aides and personal care attendants seek workers’ compensation and related benefits after on-the-job injuries.
Our team handles claims for New York home care workers involving sudden accidents, overexertion, illnesses, and occupational diseases. You can learn more from a White Plains home health aide injury lawyer from our firm.
If you need guidance on your next steps, you’ll find plain-language answers here. We explain benefits, deadlines, the claims process, and how third-party cases may increase your recovery. To learn more, talk to a White Plains workers’ compensation lawyer today and schedule a free consultation. We’ve secured over $1 billion in compensation for our clients.
What Puts Home Care Workers at Risk on the Job
Home care work often takes place in tight spaces, on unfamiliar surfaces, and without the lifting equipment found in hospitals. Tasks like transferring clients, assisting with bathing, and moving medical supplies can strain your back, shoulders, knees, and wrists. These repetitive and forceful motions are a leading source of musculoskeletal injuries.
You also face hazards unique to home environments: cluttered walkways, loose rugs, pets, dim lighting, and icy steps. Needle sticks, exposure to infectious disease, violent incidents, and car crashes while traveling between client homes create additional risk.
While every case is different, we routinely see sprains and strains, herniated discs, rotator cuff tears, knee meniscus tears, fractures from falls, hand and wrist injuries, and respiratory or skin conditions linked to chemicals or cleaning agents.
Workers’ Compensation Benefits You May Claim
New York’s workers’ compensation system can pay for medical care and a portion of lost wages without proving employer fault. If you’re an aide injured while performing job duties, you may qualify for payment of authorized medical treatment, wage replacement for lost time, and schedule loss of use or permanent disability awards when applicable.
Cash benefits typically pay two-thirds of your average weekly wage up to the statewide maximum, adjusted annually. If you can return to work with restrictions and earn less, you may receive reduced-earnings benefits. In fatal cases, eligible family members may receive death benefits and funeral expenses.
Third-Party Claims Beyond Workers’ Compensation
Workers’ comp covers your medical bills and wage loss, but does not pay for pain and suffering. If a third party—not your employer or a co-worker—contributed to your injury, you may have a separate claim for full damages.
Injury victims may qualify for a third-party claim after a car crash while traveling between client homes, a fall caused by a property owner’s negligence, an incident caused by defective medical or lifting equipment, or an assault in a poorly secured building.
A third-party case can run alongside your comp claim. Settlement proceeds may be subject to a workers’ comp lien, so timing and coordination matter. We review liability facts, insurance coverage, and your medical trajectory to help you pursue both avenues when available.
Steps to Take After a Workplace Injury in White Plains
Early actions can strengthen your case and protect your health. Report the incident to your employer as soon as possible, preferably in writing. Under New York law, you should give notice within 30 days of an accident or within 30 days after you knew a condition was work-related.
- Get prompt care from a WCB-authorized provider and tell them the injury is work-related
- Notify your supervisor or agency coordinator in writing and keep a copy
- File Form C-3 with the Workers’ Compensation Board, ideally within days, not months
- Document the scene, hazards, and witnesses with photos and notes
- Track mileage to medical appointments and out-of-pocket costs
- Avoid social media posts that insurance representatives could misinterpret
Following up with consistent treatment and attending independent medical examinations (IMEs) ordered by the carrier can help move your case forward and avoid benefit suspensions.
Deadlines and the Claims Process in New York
You should notify your employer within 30 days of an accident and file Form C-3 with the Board within two years. Occupational disease claims generally run from the date of disablement or when you knew the condition was related to your job. Missing deadlines can limit or bar your claim.
After filing, the insurer may accept or dispute your case. Disputed claims can go to a hearing before a Workers’ Compensation Law Judge. You may face IMEs, requests for more records, and questions about work capacity.
If benefits are denied or reduced, you can appeal to a Board Panel and, in some cases, to the Appellate Division. Careful documentation and timely responses help keep your case on track.
What to Expect When You Work With Shulman & Hill
From the first call, we focus on clear communication and practical solutions. We explain benefits, timelines, and how hearings work. You’ll know what to bring to appointments, what forms to file, and how to respond to insurer requests so your benefits continue.
We handle filings and hearing preparation, attend proceedings, and speak with your doctors when needed. If returning to work is possible, we discuss light-duty options and how restrictions fit with your medical notes. Our goal is to move your claim forward while giving you space to recover.
Get Help from a Home Health Aide Injury Lawyer in White Plains
We’re familiar with hazards common to home care routes, from winter ice on walkways to parking challenges and apartment building conditions. That local context helps us investigate quickly and anticipate insurer arguments.
When you need a home health aide injury attorney in White Plains, Shulman & Hill is ready to help. We handle both initial filings and contested hearings, as well as related third-party cases when available.
Talk to us now about your next steps.