WORKERS COMPENSATION LAWYER2018-08-18T18:00:25+00:00

workers compensation nyc

WORKERS COMPENSATION LAWYER

COMMON TYPES OF WORKERS COMPENSATION ACCIDENTS

  • TAXI DRIVERS   Some types of taxi drivers are covered by Worker’s Compensation, such as drivers for fleets.  Owner/Drivers are usually not covered.  It’s a good idea to check with a workers compensation lawyer who can investigate your coverage.
  • SLIP AND FALL  When you are injured in a slip and fall at work, you cannot sue your employer unless you meet the exceptions below.  If you are seriously injured, you will need the help of a workers compensation lawyer to get you the benefits you are entitled to under Workers Compensation Law.
  • CONSTRUCTION ACCIDENTS  Due to the inherently dangerous nature of construction work, Worker’s Compensation law provides additional compensation in many cases.  If you are seriously injured in a construction accident, you should call a workers compensation attorney immediately.

YOU USUALLY CANNOT SUE YOUR EMPLOYER, BUT THERE ARE EXCEPTIONS

death;

permanent, total loss of use or amputation of arm, leg, hand or foot;

loss of multiple fingers or toes;

loss of index finger;

paraplegia or quadriplegia;

total, permanent blindness or deafness;

loss of nose or ear;

permanent, severe facial disfigurement; and

acquired brain injury related to physical force that results in permanent and total disability.

An experienced workers compensation lawyer will be able to apply the facts to the law and tell you whether or not your injury meets the standard for these exceptions.

THE SCAFFOLD LAW

There is another exception primarily intended for Construction Accidents.  In New York, this is referred to as The Scaffold Law(NYS Labor Law sections 240/241), which allows workers injured by elevated falls to hold general contractors and property owners “absolutely liable” for their injuries, regardless of the employee’s own negligence or mistake, no matter how obvious or serious.  The intention of the law is an incentive for employers to make workplaces are safer as possible, but business interests protest the cost of these safety precautions as an impediment to business growth.

YOU CAN SUE A “THIRD PARTY”

When you have an accident at work you should also consult a Personal Injury Attorney  to investigate whether, in addition to Workers Compensation Benefits, it is possible to sue a “third party” whose negligence was at least in part responsible for your injuries.  In some cases, it’s obvious, such as a taxi driver hit in the rear by another vehicle.  Clearly, the driver can sue the driver that caused the traffic accident.  If a delivery person drops a box on you, causing you to fall, you can sue HIS employer for his negligence.  Sometimes it’s not clear at first whether a third party is responsible.  For example, when a machinist is injured it may be due to poor maintenance of the machine by an outside contractor who could be sued for negligence.  That’s why you should seek a consultation with a workers compensation attorney and a personal injury attorney to know all your rights.

FREE CONSULTATION
NO FEE UNLESS WE WIN

Do I Need An Attorney An Accident Case?

After an accident, people often wonder whether they need an attorney for an accident case.  There are no hard and fast rules, but there are some guidelines. There’s no point in making “mountains out of molehills,” but sometimes what injuries don’t heal as quickly as expected, resulting in lost earnings and stress on the family, and by the time that happens deadlines have expired.  When in doubt, it’s always a good idea to speak to a trusted personal injury lawyer who can advise you about whether or not you have a case. If you have been seriously injured in any type of accident, (a traffic accident, “slip and fall,” work accident, animal attack, etc.,) it’s always [...]

Do I Have a No-Fault Case?

“No-fault laws” have been in effect throughout most of the United States since the 1970’s, so most people are aware of these laws, but there are many misconceptions about how they operate.  The purpose of “no-fault” legislation was to reduce the number of lawsuits for personal injuries arising from traffic accidents, but it has actually resulted in an increase in litigation. It’s ironic that personal injury attorneys are now sometimes called no-fault lawyers and people injured in traffic accidents ask, “Do I have a no-fault case?” Let me set the record straight! Prior to no-fault laws, personal injury cases for traffic accidents were like all other types of personal injury cases. If a person was injured [...]

How to Avoid Scams When Seeking an Accident Attorney

Billboards, pop-up ads, Facebook feeds - everywhere you look, there are lawyers offering “No Fee Unless We Win,” and claims that they can collect “Billions of Dollars.”  They call you at the hospital, they want to come to your house, they offer to give you money, they send you to “their doctor.” With this cacophony, it’s useful to know how to avoid scams when seeking an accident attorney.  When seeking a reputable accident attorney, the first place to look is at the venerable firms in your area that have been serving the community for generations.  These prestigious firms that are sustained and grown mostly by referrals are usually the most trustworthy. Scammers and shysters are often “fly [...]

How to Choose the Best Malpractice Attorney

Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law.   This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years.  Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are.   When a medical malpractice attorney accepts a case, they know that they are agreeing to a substantial amount of work over several years and also to a substantial investment in capital to prosecute the case.  A qualified Queens Medical Malpractice attorney is always happy to explain their ability and experience. Medical Malpractice cases [...]

Is An Employer Liable For Employee Car Accidents?

An employer is generally responsible for the harm their employee does to others.  This is limited to harm that is accidental and “within the scope of employment.”  So if, for example, the pizza delivery person, en-route to a delivery, knocks over a pedestrian.  The pizza place is liable, as well as their employee, because it was “within the course of his employment” to be delivering pizza.  This is called “vicarious liability,” and the best way to know if it applies to a specific situation is to consult with an Brooklyn Car Accident Attorney. If the employee decided to abscond with the pizza and head for Canada, the pizza shop would not be liable for his “rogue” [...]

Keeping Your No-Fault Benefits after a Traffic Accident

How to Keep Your No-Fault Benefits Open If you’ve been injured in a traffic accident, your medical bills are usually paid by your car insurance.  This benefit is commonly referred to as a “no-fault” benefit, as you are entitled to this coverage regardless of how the accident happened.  This covers drivers, passengers and pedestrians that are involved in traffic accidents unless the accident happened while the person was working.  It’s important to note that health insurance will not cover medical bills from traffic accidents, the no-fault benefits are primary. If you are eligible (the accident didn’t happen while you were working,) no-fault will pay the bills for any ambulance and emergency room treatment resulting from a [...]

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WORKERS COMPENSATION LAWYER

Is Workers Compensation the Exclusive Remedy for Construction Accidents?2019-01-22T20:15:40+00:00

CONSTRUCTION ACCIDENT LAWSUITS – BEYOND EXCLUSIVE REMEDY

If you are wondering, “Is Workers Compensation the exclusive remedy for constructions accidents,?” the answer is that sometimes there are additional ways to collect compensation.

EXCEPTIONS TO WORKERS COMPENSATION

  • Grave Injuries – Applies to catastrophic injuries sustained in an accident.  This provision has been interpreted very narrowly by the New York Courts, denying a lawsuit to a worker that lost part of all the fingers of one hand, ruling that it must be the “entire finger,” to qualify as an exception to exclusive remedy.
    • death;
    • permanent and total loss of use or amputation of an arm, leg, hand or foot;
    • loss of multiple fingers;
    • loss of multiple toes;
    • paraplegia or quadriplegia;
    • total and permanent blindness;
    • total and permanent deafness;
    • loss of nose;
    • loss of ear;
    • permanent and severe facial disfigurement;
    • loss of an index finger; or
    • an acquired injury to the brain caused by an external physical force resulting in permanent total disability.
  • Intentional Conduct – The employer does something to intentionally harm the worker.  The New York courts have interpreted this exception narrowly as well.  The employer must have actually wanted the worker to be hurt and did something to hurt this particular worker.  No degree of recklessness would suffice.  There are provisions under the Labor Law that would apply to unsafe conditions.

LABOR LAW

  1. The Scaffold Law, limited to construction workers, allows lawsuits against employers when injured was caused by a defect in a safety device, “at an elevation.”  This doesn’t mean that you need to be 1,000 feet up in the air.  Courts have upheld the use of a ladder for meeting the requirement of “at an elevation,” but it must be a problem with the ladder that caused the fall.  It’s not enough just to be high up, the fall must be “caused by gravity.”  The right to sue was denied to a worker who hurt is back to due to the design of a harness used at the top of a skyscraper, because the injury was not from falling.  You could sue if you were hit by debris caused by malfunctioning devices “at an elevation, but not because your co-workers dropped their water bottle on you.
  2. Labor law will also allow some suits based on an unsafe work site

THIRD-PARTIES

  1. If the injury was caused, at least in part, by the acts or omissions of somebody not employed by the company, such a delivery person, a lawsuit can commence against that person and/or entity.

PRODUCT LIABILITY

  1. If the injury was caused, at least in part, by a defect in a product, a product liability claim would be allowable.

I doubt you’re still wondering, “Is Worker’s Compensation the Exclusive Remedy for Construction Accidents,” but you might have some follow-up questions.  Feel free to give us a call at 718-261-8114.

How Common Are Construction Accidents in NYC?2018-12-20T20:24:57+00:00

Despite New York’s passage of more stringent construction worker safety laws, lack of employer compliance still leads to an alarming amount of avoidable accidents.  The NYC Department of Buildings reports that last August, a worker was seriously injured when a piece of plywood was used to conceal a hole, instead of repairing it.  This happened 56 floors above the ground, and the worker is lucky to be alive. Sadly, this is happening all the time as employers fail to implement safety protocols.  Construction safety in New York City can only be improved with both laws and enforcement.

In October, 2017 Local Law 196 was passed, but the City is not doing an adequate job with enforcement.  The most important aspect of the new law was training, but the Department of Buildings keeps delaying the date requiring full compliance.  This destroys the entire intent of the bill as people are still dying because they do not know how to put on a harness correctly!

The Mayor’s “management report” states that there are two construction accidents a day in New York City – 744 a year!  This includes both small injuries and fatalities such as the worker that was killed in a building collapse accident last September.  The total number of injuries keeps increasing steadily. There were only 212 injuries reported for the entire year just five years ago.

This increase is being attributed to fraud and inadequate training.  Another ploy is the extensive use of “fake OSHA certifications,” that was reported on by the Daily News, NBC, and other media.  The 10-hour training class costs more than $100 and a day without working is a big hit from a worker, and with fake certificates widely available, the temptation is huge.  Another ruse is “online training,” as it is widely known that office workers often take the training for an entire crew.

Hopefully, the Mayor will improve construction safety in New York City with more enforcement to protect workers.  

7 Reasons to Hire a Construction Accident Attorney (#5’s a Surprise)2018-12-16T21:13:57+00:00

Construction Accidents are becoming more frequent as laws and regulations protecting workers are being abolished so that real estate developers can put more money in their pockets.  Sadly, this is causing an increase in the rate of accidents, with serious injuries and fatalities increasing.  If you have been the victim of a construction accident, here are the reasons to hire a construction accident attorney:

  1. Get Workers Compensation Benefits Quickly – an experienced construction accident attorney will know how to process your claim quickly so money is coming into your family as soon as possible.
  2. Investigation of All Exceptions to Workers Compensation that May Allow You to Sue Your Employer – New York State does not allow employees to sue their employers, but there are many exceptions that often apply to construction accidents such as “grave injuries,” falling from a height and failure to employ certain safety standards.
  3. Investigate Applicable Product Liability Claims – If the accident was caused, even partially, by malfunctioning equipment, the manufacturer of the equipment can be held liable.
  4. Investigate Third-Parties – There are often employees of other companies working on a site that may have contributed to the accident.
  5. Public Policy – Trump era deregulation is abolishing laws and regulations that protect worker safety, causing serious injuries and fatalities among construction workers to skyrocket.  Making a claim will hold employers accountable, and could reduce future accidents.
  6. Peace of Mind – Knowing that you have top lawyers at your side will allow you to focus on your recovery/
  7. Money Can’t Buy Happiness, but it Can Help – Collecting a substantial amount of money will help you to rebuild your life financially after the accident.
FREE CONSULTATION
Should I Hire a Construction Accident Attorney?2018-08-18T10:53:11+00:00

CONSTRUCTION ACCIDENT ATTORNEY

construction accident attorney

If you have been seriously injured while working at a construction site, the laws are complicated.  You are entitled to Workers Compensation, but you may also meet an exception to the law that bars lawsuits by employees against employers and you may also have a claim against a third party.  This is why you would benefit from hiring a Construction Accident Attorney to help you obtain compensation.

There are many claims to file for benefits, and possibly lawsuits to file against several entities.  Once a settlement is proposed you will also benefit from the advice of an experienced Construction Accident Attorney that knows how much your case is worth.  You should also know that a Construction Accident Attorney usually works on a contingency fee, so you don’t have to pay any money up front.  You certainly have nothing to lose by having a free consultation.

CONSTRUCTION ACCIDENT ATTORNEY

+718-261-8114

FREE CONSULTATION
NO FEE UNLESS WE WIN

Do I Need An Attorney An Accident Case?

After an accident, people often wonder whether they need an attorney for an accident case.  There are no hard and fast rules, but there are some guidelines. There’s no point in making “mountains out of molehills,” but sometimes what injuries don’t heal as quickly as expected, resulting in lost earnings and stress on the family, and by the time that happens deadlines have expired.  When in doubt, it’s always a good idea to speak to a trusted personal injury lawyer who can advise you about whether or not you have a case. If you have been seriously injured in any type of accident, (a traffic accident, “slip and fall,” work accident, animal attack, etc.,) it’s always [...]

Do I Have a No-Fault Case?

“No-fault laws” have been in effect throughout most of the United States since the 1970’s, so most people are aware of these laws, but there are many misconceptions about how they operate.  The purpose of “no-fault” legislation was to reduce the number of lawsuits for personal injuries arising from traffic accidents, but it has actually resulted in an increase in litigation. It’s ironic that personal injury attorneys are now sometimes called no-fault lawyers and people injured in traffic accidents ask, “Do I have a no-fault case?” Let me set the record straight! Prior to no-fault laws, personal injury cases for traffic accidents were like all other types of personal injury cases. If a person was injured [...]

How to Avoid Scams When Seeking an Accident Attorney

Billboards, pop-up ads, Facebook feeds - everywhere you look, there are lawyers offering “No Fee Unless We Win,” and claims that they can collect “Billions of Dollars.”  They call you at the hospital, they want to come to your house, they offer to give you money, they send you to “their doctor.” With this cacophony, it’s useful to know how to avoid scams when seeking an accident attorney.  When seeking a reputable accident attorney, the first place to look is at the venerable firms in your area that have been serving the community for generations.  These prestigious firms that are sustained and grown mostly by referrals are usually the most trustworthy. Scammers and shysters are often “fly [...]

How to Choose the Best Malpractice Attorney

Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law.   This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years.  Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are.   When a medical malpractice attorney accepts a case, they know that they are agreeing to a substantial amount of work over several years and also to a substantial investment in capital to prosecute the case.  A qualified Queens Medical Malpractice attorney is always happy to explain their ability and experience. Medical Malpractice cases [...]

Is An Employer Liable For Employee Car Accidents?

An employer is generally responsible for the harm their employee does to others.  This is limited to harm that is accidental and “within the scope of employment.”  So if, for example, the pizza delivery person, en-route to a delivery, knocks over a pedestrian.  The pizza place is liable, as well as their employee, because it was “within the course of his employment” to be delivering pizza.  This is called “vicarious liability,” and the best way to know if it applies to a specific situation is to consult with an Brooklyn Car Accident Attorney. If the employee decided to abscond with the pizza and head for Canada, the pizza shop would not be liable for his “rogue” [...]

Keeping Your No-Fault Benefits after a Traffic Accident

How to Keep Your No-Fault Benefits Open If you’ve been injured in a traffic accident, your medical bills are usually paid by your car insurance.  This benefit is commonly referred to as a “no-fault” benefit, as you are entitled to this coverage regardless of how the accident happened.  This covers drivers, passengers and pedestrians that are involved in traffic accidents unless the accident happened while the person was working.  It’s important to note that health insurance will not cover medical bills from traffic accidents, the no-fault benefits are primary. If you are eligible (the accident didn’t happen while you were working,) no-fault will pay the bills for any ambulance and emergency room treatment resulting from a [...]

Load More Posts

CONSTRUCTION ACCIDENT ATTORNEY

WORKERS COMPENSATION LAWYER