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Sackstein Sackstein & Lee, LLP
1140 Franklin Ave
Garden City, NY 11530
Telephone: (516) 344-1900
One minute you’re doing your job. The next, you’re in pain, filling out paperwork, or sitting in an urgent care wondering how this happened.
You may be thinking:
If you were injured on the job in Garden City or anywhere in Nassau County, you are not alone — and you are not supposed to carry this alone.
As partners who handle workers’ compensation cases every day, we’ve sat across the table from union electricians, hospital staff, municipal workers, warehouse employees, retail managers, and delivery drivers. We understand the pressure you feel right now. Our job is to give you clarity, protect your rights, and make sure you receive the benefits New York law provides.
Garden City isn’t Manhattan, but it’s not quiet suburbia either. Commercial corridors, medical offices, schools, municipal buildings, retail centers, and steady traffic around Franklin Avenue create real workplace risk.
We routinely see injuries involving:
The reality is this: work injuries here range from sudden traumatic accidents to repetitive wear-and-tear injuries that build over months.
If you were hurt while performing your job — whether inside a building or out on a roadway — workers’ compensation likely applies.
The steps you take now matter for both your health and your claim.
This is one of the first fears we hear.
New York’s workers’ compensation system is “no-fault.” That means you generally receive benefits even if:
Your employer’s insurance carrier may still look for reasons to minimize your claim — questioning whether the injury is work-related, whether it’s pre-existing, or whether you can return to work sooner than your doctor recommends.
Our role is to make sure assumptions do not replace facts.
Workers’ compensation in New York provides:
You do not have to prove negligence. But you do have to prove the injury is connected to your employment and supported by medical evidence.
Wage benefits are typically calculated at two-thirds of your average weekly wage, subject to state maximums. No wage benefits are paid for the first seven days of disability, but if your disability lasts more than 14 days, you are paid for those first seven days as well.
If your injury leaves lasting damage — to your back, shoulder, knee, or another body part — you may qualify for a schedule loss award or permanent disability classification.
We walk clients through these distinctions carefully. They matter.
Some work injuries involve more than just workers’ compensation.
For example:
In these situations, there may be a separate personal injury claim in addition to workers’ compensation benefits.
That can mean additional compensation for:
Identifying these parallel recovery paths early is critical. Many injured workers never learn they had additional rights.
An injury is never just medical.
It affects:
We represent people who cannot lift their children after a shoulder tear. Who cannot return to construction because of a back injury. Who struggle with the stress of partial wage replacement while mortgage payments continue.
Workers’ compensation is not just paperwork. It is stability during disruption.
Your employer’s insurance carrier is not your employer personally. It is a business evaluating risk and cost.
Common issues we see include:
The system runs through the New York State Workers' Compensation Board, which oversees hearings and disputes.
Having representation means:
If your injury happened while performing your job duties, the answer is usually yes.
That includes:
There are exceptions — such as purely personal activities unrelated to work — but most on-the-job injuries are covered.
If you are unsure, ask. Early clarity prevents costly mistakes.
When you hire our firm, you are not handed off to a call center.
We:
Most importantly, we explain what is happening — in plain English — so you are never left guessing.
Our goal is simple: stabilize your situation so you can focus on healing.
Our office is located at:
1140 Franklin Avenue
Garden City, NY 11530
We are easily accessible by car via Old Country Road and Stewart Avenue, and convenient to the Long Island Rail Road’s nearby Garden City station for clients traveling by train.
If mobility is an issue, let us know. We routinely accommodate clients dealing with limited movement after surgery or serious injury.
You must notify your employer within 30 days. Waiting longer can jeopardize your claim.
Separate from notifying your employer, you generally must file a claim with the New York State Workers’ Compensation Board within two years of the accident, or within two years of when you knew or should have known that an illness was related to your work. Don’t assume your employer or its insurer filed it for you.
Wage benefits are generally two-thirds of your average weekly wage, multiplied by your degree of disability, up to a state maximum. The maximum weekly benefit is reset every July based on the state’s average weekly wage. Your medical treatment for the work injury is covered separately, with no copays.
In most cases, yes. You can generally see any health care provider authorized by the Workers’ Compensation Board. If your employer participates in a certified preferred provider organization (PPO), you may have to start treatment within that network, but you can usually switch to a provider of your choice after the first 120 days.
New York law prohibits retaliation for filing a legitimate claim. Employers cannot lawfully terminate you simply for seeking benefits.
It depends on the severity of your disability. Temporary benefits continue while you are medically unable to work. Permanent classifications vary based on impairment.
No. Workers’ compensation is a no-fault system.
You have the right to request a hearing before the Workers’ Compensation Board. We prepare and present those cases regularly.
In most cases, workers’ compensation replaces the right to sue your employer directly. However, you may have a separate claim against a third party depending on how the injury occurred.
Yes. In New York, injured workers are generally entitled to workers’ compensation benefits regardless of immigration status. The Workers’ Compensation Board does not ask about your status to decide your claim, and your consultation with our firm is confidential.
You may still be covered. The Workers’ Compensation Board looks at the actual working relationship, such as who controls your work, schedule, and tools, not just whether you receive a 1099 or are called a contractor. Many delivery drivers, construction workers, and other workers who were labeled contractors have been found to be employees.
Most New York employers are required to carry workers’ compensation coverage. If your employer does not, you can still file a claim, and benefits may be paid through the state’s Uninsured Employers Fund. The employer can also face significant penalties.
Yes. In New York, many cases are resolved through a lump-sum settlement, often called a Section 32 agreement, which must be approved by the Workers’ Compensation Board. A settlement may close out your right to future wage benefits, medical coverage, or both, so it is important to understand exactly what you are giving up before you agree.
Nothing upfront. In New York, attorney fees in workers’ compensation cases must be approved by the Workers’ Compensation Board and are generally paid out of the benefits awarded to you, not out of your pocket.
If you were injured at work in Garden City or anywhere in Nassau County, the confusion you feel right now is normal. The system is not simple — but it is navigable with the right guidance.
We are here to help you move forward with clarity and strength. Call our office at (516) 344-1900 or contact us today for a free consultation.