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
- If your employer fails to provide workers compensation insurance
- If your employer intentionally harms you
- Under Section 11 of the Workers Compensation Law in NY, it is an exception if you sustained “grave injuries” such as:
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.
WHAT SHOULD I DO IF I’M INJURED IN A BICYCLE ACCIDENT DURING THE COVID 19 PANDEMIC?
The NYPD is reporting that bicycle accidents are up close to 50% this March. This is because more people are using bikes to get around now that public transportation is so unsafe. There’s no reason to stop biking. In addition to being good exercise, it’s also a social distancing method of transportation. But if you’re going to be riding in NYC during this crisis, you should know what to do if you’re injured in an accident because the usual procedures may not apply. It’s important to speak to a NYC Covid 19 bicycle injuries attorney as soon as possible after your bike accident to get specific advice for your situation. NYC COVID 19 BICYCLE ACCIDENT ATTORNEY [...]
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We are hoping that you and your family are well and managing this crisis smoothly. Please let us know if there is anything at all we can do to help you. Our office is located on the first floor of a townhouse that is accessible without social contact, so we’re planning to remain fully operational throughout this crisis. Don’t hesitate to call on us if you’re in need. Please DO NOT show up at our office without an appointment - we are doing all work remotely at this time. Your Current Cases Are Being Worked On All of the civil courts are currently closed. We are working on rescheduling court appearances, depositions and other important litigation [...]
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I have been saddened to hear so many stories about Asians and Asian-Americans being treated badly during this current health crisis. This is riding on the heels of nasty rhetoric from the Trump administration regarding immigrants and refugees. It’s important to know that Federal, New York State and New York City law prohibits discrimination in employment, housing and public accomodations. New York City laws are the strongest of all, prohibiting discriminatory lending practices, retaliation, discriminatory harassment and bias-based profiling by law enforcement. Who Is Protected From Discrimination? The purpose of discrimination laws is to protect people that are vulnerable to being treated poorly in our culture. Treating somebody badly for personal reasons or grudges is not [...]
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WORKERS COMPENSATION LAWYER
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
- 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.
- Labor law will also allow some suits based on an unsafe work site
THIRD-PARTIES
- 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
- 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.
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.
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:
- 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.
- 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.
- Investigate Applicable Product Liability Claims – If the accident was caused, even partially, by malfunctioning equipment, the manufacturer of the equipment can be held liable.
- Investigate Third-Parties – There are often employees of other companies working on a site that may have contributed to the accident.
- 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.
- Peace of Mind – Knowing that you have top lawyers at your side will allow you to focus on your recovery/
- 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.
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
WHAT SHOULD I DO IF I’M INJURED IN A BICYCLE ACCIDENT DURING THE COVID 19 PANDEMIC?
The NYPD is reporting that bicycle accidents are up close to 50% this March. This is because more people are using bikes to get around now that public transportation is so unsafe. There’s no reason to stop biking. In addition to being good exercise, it’s also a social distancing method of transportation. But if you’re going to be riding in NYC during this crisis, you should know what to do if you’re injured in an accident because the usual procedures may not apply. It’s important to speak to a NYC Covid 19 bicycle injuries attorney as soon as possible after your bike accident to get specific advice for your situation. NYC COVID 19 BICYCLE ACCIDENT ATTORNEY [...]
Do I Have The Right NYC Coronavirus Personal Injury Lawyer?
Coronavirus restrictions have shut down physical access to most attorney’s offices, but that doesn’t have to mean your case is sitting idle in a file cabinet. It does mean it’s important to choose a firm that is prepared to handle both existing and new cases efficiently no matter how long this crisis lasts. Smart attorneys with offices that are paperless, cloud based and equipped with video conferencing technology can still handle your cases successfully. You just need to make sure your case is with a NYC Coronavirus Personal Injury Lawyer that’s up and running. Wittenstein & Wittenstein is the NYC Personal Injury Law Firm that’s been on the forefront of technology for over 60 years - [...]
NEW YORK CORONAVIRUS INJURY LAWYER
The Coronavirus pandemic has changed life as we know it in New York. We’re worried about our health, and the health of our friends and neighbors, doing everything we can to avoid spreading the disease. Some people with sick relatives may be wondering about their legal options if they or a family member contracts the disease. It’s important to know that it’s possible to collect compensation for personal injury or wrongful death from persons or entities that are responsible for the infection. That’s why it’s important to speak to a Coronavirus Injury Lawyer if you believe you or your loved one’s infection could have been prevented. Wittenstein & Wittenstein is a New York Coronavirus Lawyer that’s [...]
COVID 19 CRISIS ANNOUNCEMENT
We are hoping that you and your family are well and managing this crisis smoothly. Please let us know if there is anything at all we can do to help you. Our office is located on the first floor of a townhouse that is accessible without social contact, so we’re planning to remain fully operational throughout this crisis. Don’t hesitate to call on us if you’re in need. Please DO NOT show up at our office without an appointment - we are doing all work remotely at this time. Your Current Cases Are Being Worked On All of the civil courts are currently closed. We are working on rescheduling court appearances, depositions and other important litigation [...]
Your Rights During The Coronavirus Pandemic
I have been saddened to hear so many stories about Asians and Asian-Americans being treated badly during this current health crisis. This is riding on the heels of nasty rhetoric from the Trump administration regarding immigrants and refugees. It’s important to know that Federal, New York State and New York City law prohibits discrimination in employment, housing and public accomodations. New York City laws are the strongest of all, prohibiting discriminatory lending practices, retaliation, discriminatory harassment and bias-based profiling by law enforcement. Who Is Protected From Discrimination? The purpose of discrimination laws is to protect people that are vulnerable to being treated poorly in our culture. Treating somebody badly for personal reasons or grudges is not [...]
What’s The Hype About Stacey Abrams?
We might just be seeing Stacey Abrams on the ticket for the 2020 Presidential election. The former Democratic Leader of the Georgia House of Representatives, and 2018 Democratic Party contender for Governor of Georgia, is being courted by several of the Democratic Presidential candidates as a running mate. This savvy Yale graduate was the first black woman to become the gubernatorial nominee for a major party and has launched “Fair Fight,” a voting rights organization taking the initiative on funding the training of voter protection teams in twenty battleground states. If she’s not on the ticket this year, she’s young enough to make a go at it later. In fact, she told “The Hill,” in January [...]