Workers’ compensation benefits are intended to help employees who suffer work-related injuries or illnesses while performing their job duties. In New York State, most employers are required to carry workers’ compensation insurance, which may provide injured workers with medical treatment, wage replacement benefits, and other financial assistance.

However, not every injury automatically qualifies for workers’ compensation benefits. Understanding what types of injuries are generally covered, and which may not be covered, is important when determining whether you may have a valid claim under New York law.

Qualifying Injuries Under New York Workers’ Compensation Law

In New York State, a workplace injury generally qualifies for workers’ compensation if it arises out of and in the course of employment. In other words, the injury must be connected to the employee’s work duties or work environment.

Common qualifying injuries may include:

• Slip and fall accidents at work
• Construction site injuries
• Injuries caused by machinery or workplace equipment
• Repetitive stress injuries, including carpal tunnel syndrome
• Back, neck, and shoulder injuries from lifting or physical labor
• Occupational illnesses caused by workplace exposure
• Motor vehicle accidents that occur while performing work-related duties

New York workers’ compensation law also recognizes injuries and illnesses that develop gradually over time due to repetitive motions or long-term workplace conditions.

Injuries That May Not Qualify

While every case is different, certain injuries or situations may not qualify for workers’ compensation benefits in New York State.

Examples may include:

• Injuries that occur outside the scope of employment
• Accidents that happen while commuting to or from work in most situations
• Injuries resulting from horseplay or intentional misconduct
• Injuries involving intoxication or drug use that caused the accident
• Medical conditions unrelated to employment

It is important to understand that insurance carriers may dispute claims for many reasons, including arguments that the injury was not work-related or that there is insufficient medical evidence connecting the condition to employment.

The Importance of Reporting an Injury

Under New York workers’ compensation law, injured employees are generally required to notify their employer of a workplace injury within 30 days. Failing to report an injury promptly can create challenges when pursuing benefits and may result in delays or denials.

After a workplace injury, employees should:

• Report the injury to their employer as soon as possible
• Seek medical attention promptly
• Follow medical recommendations and treatment plans
• Keep records related to the injury, treatment, and time missed from work

Proper documentation can play a major role in supporting a workers’ compensation claim.

Can You Still Pursue Benefits if Your Claim Is Denied?

A denied workers’ compensation claim does not necessarily mean you are out of options. In some cases, claims are denied because of disputes regarding how the injury occurred, whether it was connected to work duties, or whether enough medical evidence exists.

An experienced workers’ compensation attorney can review the circumstances of your case and help determine whether an appeal or additional legal action may be appropriate.

At Losi & Gangi, we represent hard working Western New Yorkers in workers’ compensation matters throughout New York State. We understand the complexities involved in workplace injury claims and are committed to helping injured workers understand their rights and pursue the benefits they may be entitled to under New York law.

If you have questions about whether your injury qualifies for workers’ compensation benefits, contact Losi & Gangi today to learn more about your legal options.

Returning to work after a workplace injury can feel like a positive step, but going back too soon can create serious risks. In New York, employees who return before fully recovering may face reinjury, longer recovery times, and even complications that could have been avoided. Understanding the risks and your rights is essential to protect your health, your recovery, and your future.

Why Returning Too Soon Is Risky

Even if you feel ready, your body may still be healing. Performing normal work tasks too early can put additional strain on the injured area and lead to:

• Reinjury to the same body part
• New injuries caused by compensating for pain or weakness
• Chronic pain or long-term disability
• Extended recovery time, which may result in more missed work
• Emotional stress or anxiety about returning before fully healed

These risks are especially high in physically demanding jobs, such as construction, manufacturing, or manual labor, but even desk jobs can pose risks for repetitive stress injuries or back problems if proper precautions are not taken.

Workers’ Compensation and Your Rights

New York’s workers’ compensation system is designed to ensure that injured employees receive the medical care and wage replacement benefits they need while recovering. Returning to work too early can complicate your claim or delay your benefits if reinjury occurs.

It is crucial to follow your healthcare provider’s guidance and only return to work when cleared medically. Employers are required to provide reasonable accommodations, such as modified duties or reduced hours, to help injured employees safely return without risking further harm.

Steps to Protect Yourself

If you’ve been injured and are preparing to return to work:

• Communicate openly with your doctor about your recovery and any limitations.
• Inform your employer of your medical restrictions and request accommodations if necessary.
• Keep detailed records of your treatment, recovery progress, and any changes in your ability to perform work tasks.
• Monitor your condition closely after returning to work and report any reinjury immediately.

How Losi & Gangi Can Help

At Losi & Gangi, we help injured workers across New York navigate the workers’ compensation system and protect their rights. If you are concerned about returning to work after an injury, or if you have been reinjured on the job, our experienced attorneys can guide you through the process and help ensure you receive the benefits and protections you deserve. Contact us today.

At Losi & Gangi, 2025 has been a year of significant successes for our clients. Our team secured substantial workers’ compensation recoveries for individuals who suffered serious injuries on the job, ensuring they received the compensation and medical protections they deserve.

Some of the most notable recoveries so far this year include:

• Over $360,000: A warehouse worker suffered severe injuries while lifting heavy materials, including leg, back, and tailbone injuries. The settlement included a medical set-aside to cover future care.
• $259,000: A machine operator injured his back and leg due to a mechanical failure while at work, with lifetime medical benefits remaining open.
• $233,000+: A corrections officer involved in a workplace altercation sustained injuries to the back, neck, and shoulder, securing a settlement with ongoing medical benefits.
• $215,000: A district manager suffered head and eye injuries after being assaulted at a work function, with funds allocated for future medical care.
• $212,000+: A driver sustained multiple injuries in separate incidents, including a crush injury to the thorax and a fall from a truck, with a set-aside for ongoing medical treatment.
• $205,000+: An ultrasound technician was injured while moving heavy equipment, with a medical set-aside to cover future expenses.
• $200,000: A lead mechanic sustained multiple injuries across several claims, settled in a lump sum with lifetime medical benefits.
• $185,000+: A sheet metal worker suffered injuries to the back and neck in multiple incidents, with lifetime medical coverage.
• $177,000+: A corrections officer who fell down stairs at work sustained injuries to the knee, hip, and shoulder, with ongoing medical benefits.
• $165,000–$166,000: Several workers, including warehouse employees and healthcare assistants, secured settlements after sustaining injuries on the job, with provisions for future care.

These recoveries reflect the wide range of serious injuries our clients have faced so far this year, including back, neck, shoulder, and joint injuries, as well as motor vehicle accidents. Many settlements include provisions for lifetime or future medical care, ensuring long-term protection and peace of mind.

At Losi & Gangi, we remain committed to fighting for the maximum recovery for every client, no matter how complex the case. Our 2025 results so far demonstrate the difference experienced legal advocacy can make for those who have been seriously injured.

If you or a loved one have been injured at work or in an accident, contact Losi & Gangi today to discuss your case and explore your legal options.

Please note: Past results are not a guarantee of future outcomes.

If you’ve been injured on the job, your recovery is your top priority, but it’s also important to plan ahead for your return to work. Many injured workers in New York do return to work, and doing so can support faster healing, maintain job benefits like seniority and raises, and protect long-term income.

Most Injured Workers Return to the Same Job

The majority of injured workers fully heal and return to their original roles once cleared by their medical provider. If this is your situation, simply notify your employer’s workers’ compensation insurer and coordinate your return date with your employer.

Modified Duties or Alternate Work

Some workers return with restrictions. If you can’t do your previous job right away, talk to your employer about light duty or transitional work. You may also need job training or placement assistance if a return to your original role isn’t possible.

Return-to-Work Process

Recovery and return to work involve several key people:

• Your health care provider, who clears you for work and outlines any restrictions.
• Your employer, who may offer light-duty options.
• Your attorney, if you have legal representation, should be informed of all return-to-work updates.
• Your union, if applicable, may provide additional resources.

Benefits and Protections

• Reduced Earnings: If you return to work at a lower wage due to your injury, you may receive benefits covering part of the difference.
• Medical Care: You are entitled to lifetime medical care for your injury unless you’ve signed a Section 32 waiver.
• Job Protection: Your employer isn’t legally required to hold your job, but many do. FMLA may protect your job for up to 12 weeks.
• Reasonable Accommodations: Employers may be required to modify your job duties under the ADA or NYS Human Rights Law.
• Protection from Discrimination: It’s illegal for employers to discriminate against you for filing a workers’ comp claim.

Need Help Navigating Return to Work?

If your situation is complex, New York State offers vocational rehabilitation, social services, and advocates to help you return safely and successfully.

Injured at Work? We’re Here to Help.

Contact Losi & Gangi for experienced legal guidance through every step of your workers’ compensation claim and return-to-work process.

Construction sites are bustling environments where safety is paramount. However, accidents can and do happen, often leading to serious injuries. When they do, understanding your options for legal recourse is crucial. One potential avenue for compensation is through third-party claims. Here’s what you need to know.

What Are Third-Party Claims?

In the context of construction accidents, a third-party claim is a legal action taken against someone who is not your employer or a co-worker but who may share some responsibility for the accident. This could include:

• General Contractors: If you’re an employee of a subcontractor, the general contractor may be liable for unsafe working conditions.
• Equipment Manufacturers: If faulty equipment caused your injury, you might have a claim against the manufacturer.
• Property Owners: If the accident occurred on someone else’s property and unsafe conditions contributed to your injury, the property owner may be held accountable.
• Other Contractors: If a third-party contractor’s negligence led to your injury, they could be liable.

Why Pursue a Third-Party Claim?

1. Broader Compensation Options: Workers’ compensation may cover medical expenses and lost wages, but it often lacks the compensation for pain and suffering that a third-party claim can provide.
2. Establishing Negligence: A third-party claim allows you to establish negligence and hold the responsible parties accountable for their actions, which can sometimes lead to a more substantial settlement.
3. Multiple Parties Involved: Construction projects often involve various contractors, subcontractors, and suppliers, which can complicate liability. A third-party claim can address multiple sources of fault.

Proving a Third-Party Claim

To successfully prove a third-party claim, you must demonstrate:

1. Duty of Care: The third party had a responsibility to ensure safety.
2. Breach of Duty: They failed to uphold that duty through negligence.
3. Causation: Their negligence directly caused your injury.
4. Damages: You incurred damages, such as medical bills, lost wages, and pain and suffering.

Steps to Take After an Accident

1. Seek Medical Attention: Your health is the top priority. Ensure you receive proper medical care and document all injuries.
2. Report the Incident: Notify your supervisor and document the details of the accident.
3. Gather Evidence: Take photos, gather witness statements, and collect any relevant documentation to support your claim.
4. Consult a Lawyer: Navigating third-party claims can be complex. An experienced attorney can help you understand your rights and options, ensuring you receive the compensation you deserve.

Understanding third-party claims in construction accidents can significantly impact your ability to recover damages after an injury. While workers’ compensation may provide some relief, pursuing a third-party claim can open the door to more comprehensive compensation. If you’ve been injured on a construction site, consult with a legal professional to explore your options and ensure your rights are protected.

At Losi & Gangi, we’re committed to helping you navigate the complexities of construction accident claims. Reach out today for a consultation and take the first step towards securing your future. 716.854.1446.

Workers’ compensation serves as a critical safeguard for employees, offering financial assistance and medical support in the wake of work-related injuries or illnesses. Nevertheless, misconceptions and falsehoods often cloud the understanding of this vital system. In this blog post, we aim to debunk prevalent myths surrounding workers’ compensation, empowering both employees and employers with accurate information to navigate this process effectively.

Myth 1: Workers’ compensation is solely for severe injuries.

While workers’ compensation does cover severe injuries like fractures or traumatic incidents, its scope is far broader. It encompasses various conditions, including repetitive strain injuries such as carpal tunnel syndrome, occupational diseases arising from workplace exposure, and mental health issues triggered by job-related stress.

Myth 2: Filing a claim will lead to retaliation from my employer.

Fear of retaliation often deters employees from seeking the benefits they rightfully deserve. However, workers’ compensation laws protect against employer retaliation. Employers cannot lawfully terminate or discriminate against employees for filing legitimate claims. In fact, it’s illegal to retaliate against employees for exercising their rights under workers’ compensation laws.

Myth 3: If the injury occurred outside of the workplace, I’m not eligible for benefits.

While workers’ compensation primarily covers injuries sustained on the job site, it also extends to injuries occurring during work-related activities outside of the workplace. This could include injuries sustained while traveling for work, attending work-related events, or running errands for your employer. As long as the injury is connected to your employment duties, you may be eligible for workers’ compensation benefits.

Myth 4: I can handle my workers’ compensation claim without legal representation.

While it’s possible to navigate the workers’ compensation process independently, seeking legal counsel can significantly enhance your chances of receiving full and fair benefits. Workers’ compensation laws can be complex, and insurance companies may attempt to minimize payouts. A knowledgeable attorney can advocate for your rights, navigate legal complexities, and ensure you receive the compensation you deserve.

Workers’ compensation is a crucial safety net for employees, offering financial stability and medical assistance during challenging times. Clearing up misunderstandings fosters a healthier work environment where both employees and employers can thrive.

If you have been injured at work, do not hesitate to get the workers’ compensation you deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

In New York State (NYS), workers’ compensation and personal injury cases are two distinct types of legal claims that provide injured individuals with different avenues for seeking compensation for their injuries.

Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. These benefits can include medical treatment, wage replacement, and other types of financial assistance. In NYS, most employers are required to carry workers’ compensation insurance, and employees who are injured on the job are generally eligible for benefits regardless of who was at fault for the accident.

Personal injury cases, on the other hand, are lawsuits brought by individuals who have been injured as a result of someone else’s negligence or intentional misconduct. These cases can arise from a wide range of situations, including car accidents, slip and fall accidents, medical malpractice, and product liability. In a personal injury case, the injured individual (the plaintiff) seeks compensation from the person or entity responsible for causing their injuries (the defendant).

One of the main differences between workers’ compensation and personal injury cases is fault. In a workers’ compensation case, fault is generally not a factor. As long as the injury occurred while the employee was performing their job duties, they are generally eligible for benefits regardless of who was at fault for the accident. In a personal injury case, on the other hand, the plaintiff must prove that the defendant was negligent or engaged in intentional misconduct that caused their injuries.

Another key difference is the types of damages that are available. In a workers’ compensation case, the benefits are typically limited to medical expenses, wage replacement, and certain other types of financial assistance. In a personal injury case, however, the plaintiff may be able to recover a much wider range of damages, including compensation for medical expenses, lost wages, pain and suffering, and more.

It is important to note that in some cases, an injured individual may be able to pursue both a workers’ compensation claim and a personal injury lawsuit. For example, if an employee is injured on the job due to the negligence of a third party (someone who is not their employer or a co-worker), they may be able to file a personal injury lawsuit against that third party while also receiving workers’ compensation benefits.

Overall, the differences between workers’ compensation and personal injury cases in NYS can be significant. If you have been injured and are considering your legal options, it is important to consult with an experienced attorney. Our professional attorneys at Losi & Gangi can help you understand which type of claim is appropriate for your situation and help you get the compensation you deserve. Contact us today or call 716-854-1446.

Filing a workers’ compensation claim can be a complex process, and mistakes made during the process can result in delays or even denial of benefits. Here are some common mistakes to avoid when filing a workers’ compensation claim:

1. Failing to report the injury promptly: If you delay reporting your injury, it may raise questions about the legitimacy of your claim. Most states have a specific time limit for reporting workplace injuries, so make sure to report the incident to your employer as soon as possible.
2. Not seeking medical treatment immediately: Even if your injury seems minor, you should seek medical attention as soon as possible. A delay in treatment can lead to the injury worsening and can hurt your claim’s credibility.
3. Failing to disclose all injuries: You must disclose all injuries related to the incident, even if they seem minor. If you fail to report an injury, it may raise questions about the legitimacy of your claim.
4. Not following doctor’s orders: If you receive medical treatment, you must follow the doctor’s orders. Failure to do so can be seen as a lack of cooperation, which can harm your claim.
5. Failing to provide detailed information: It’s crucial to provide as much detail as possible about the incident and the injury. Failing to do so can lead to delays or a denial of your claim.
6. Not seeking legal assistance: Workers’ compensation laws can be complicated, and it can be challenging to navigate the process on your own. Consider consulting with an experienced workers’ compensation attorney who can guide you through the process and help you avoid making mistakes that can harm your claim.
7. Failing to meet deadlines: Each state has specific deadlines for filing workers’ compensation claims, and missing a deadline can result in a denial of benefits. Make sure you understand the deadlines in your state and file your claim on time.

In summary, to ensure that your workers’ compensation claim is successful, report your injury promptly, seek medical attention immediately, disclose all injuries, follow your doctor’s orders, provide detailed information, seek legal assistance, and meet all deadlines. If you have been injured at work, do not hesitate to get the workers’ compensation you are entitled to and deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.