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.
How to Handle a Truck Accident Case
Truck accidents cause more serious and catastrophic injuries than all other types of motor vehicle accidents combined, making them the leading cause of disability in the United States. Truck accident injuries can have a devastating financial impact on the entire family, due to lack of income and astronomical out of pocket medical expenses. Catastrophic injuries can cause long term or even permanent disability and no-fault insurance only covers the first $50,000 for medical, lost earnings and related first party benefits. That’s why it’s important to hire the best truck accident lawyer in NYC that knows how to maximize your claim and find deep pockets. Medical Care and Lost Earnings The best New York City catastrophic [...]
What’s the Number One Cause of Motor Vehicle Accidents?
It’s no secret that motor vehicle accidents are common and can cause catastrophic injuries and death. Drunk driving is responsible for some of the most serious injuries, but due to strong laws and enforcement, it’s thankfully becoming more rare. These days, the number one cause of motor vehicle accidents is distracted driving. Using cell phones and (heaven forbid) texting while driving is responsible for many distracted driving accidents, but car accident lawyers in Queens know that much more innocuous acts contribute to many serious crashes. That’s why the best personal injury attorneys in Forest Hills remind the community about the importance of keeping their eyes on the road. Grooming, Eating and Drinking In our fast-paced [...]
Car Accident 101 – Who’s At Fault?
If you’re sitting at a red light and get hit in the rear or you’re hit head on by a drunk driver driving the wrong way down the road, it’s easy to determine who is responsible. There are many other types of car accidents where determining liability is much more difficult. That’s why the best Brooklyn, Bronx and Queens car accident lawyers recommend consulting with an attorney if you’ve been seriously injured in a crash because the driver that caused your injuries is responsible for paying your compensation for your monetary losses and for the pain and suffering you endured. Wittenstein & Wittenstein is the Queens, Bronx and Brooklyn car accident attorney that’s been serving [...]
Why Are Parking Lots So Dangerous?
According to the National Safety Council, one fifth of traffic accidents occur in parking lots and many of these crashes result in serious injuries. In highly trafficked areas in New York City, the incidence of crashes is even higher, with the worst injuries sustained by pedestrians. The best accident attorneys in Queens warn clients to be especially careful driving in parking lots because the low speed setting can create a false sense of security for drivers and pedestrians. Myriad Distractions Create Hazards Experienced Bronx car accidents attorneys understand why parking lots are so dangerous. They know that it’s usually only daredevils that text or watch videos while driving 55 miles down a highway, it’s shocking [...]
What is a Personal Injury Lawyer?
There are two basic types of attorneys - criminal and civil. Criminal attorneys prosecute and defend clients for criminal cases. There are many types of civil law including matrimonial, commercial, will and estates and personal injury law. Personal injury law encompasses a wide range of matters that are pursued by injured plaintiffs against defendants that have caused them harm. The lion’s share of personal injury lawyers in NYC handle car accidents, slip and fall, animal attacks and other common types of accident cases, but some negligence lawyers in Queens also handle more sophisticated claims. If you’ve been seriously injured by somebody else’s negligence, recklessness or intentional act, it’s always worthwhile to speak to a personal injury [...]
Evolution of Attorney Fees in the United States
In the 17th Century, most states capped legal fees based on the attorney’s area of practice. For example, there would be a cap for divorce, a cap for real estate transactions and a cap for criminal representation. Attorneys would therefore have to compete heavily for clients based on their skills because it wasn’t easy for an attorney that charged less than the cap to make a living. That’s why attorneys lobbied heavily for additional fee options and developed innovative ways to make more money. Most Queens accident attorneys use a contingency retainer, so you don’t have to pay anything until you collect money making it possible for even the poorest injury victim to obtain representation. [...]