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

Types of Damages Recoverable in Personal Injury Law

Generally, a personal injury case begins with establishing negligence, which is the recognition of a legal duty and breach of that legal duty.  This means that there must be something expected, such as a property owner’s duty to keep the premises safe, and the “breach” might be oil left spilled on the floor for an unreasonable amount of time.  It also needs to be proven that the “breach of duty” caused the injury claimed.  This is known as “causation.”  Just because the oil was on the ground, doesn’t mean it caused the accident, it must be proven that that it was slipping on the oil that caused the accident. Once negligence is proven, as above, the [...]

How Can a Car Accident Attorney Help Me?

You should contact a car accident attorney as soon as possible after you have an accident.  You may have more rights than you think!  Sometimes people are afraid to go to the hospital in the ambulance provided by the police because they are concerned about payment of the hospital bill.  This is not something to worry about because the hospital bill is always paid by the car insurance scheme, even if all the cars are uninsured!  An experienced Queens Car Accident Attorney can be a valuable source of support, helping get your medical bills paid, collect money for lost earnings, pain and suffering and other causes of action. How an Accident Attorney Can Help Your Case [...]

How to Avoid Being Dropped by Insurance Companies

Can My Insurance Company Drop Me? Here at Wittenstein & Wittenstein, rarely does a day go by without somebody asking us if their insurance company can drop them.  People pay for insurance, but are afraid to use it for fear of being dropped. That’s why we thought it would be helpful to address this, and the related issue of when an insurance company can raise your rates. When Can My Insurance Company Drop Me? An insurance company can drop you whenever they’d like to, and no reason is required. Most of the time however, insurance companies like to keep their customers. So they’re not likely to drop you unless it starts to look like they’ll have [...]

5 Things You Need to Know About DUI in NYC

No one who is going out for a night out on the town expects to end up arrested and in the back of a police car. Unfortunately, that can happen when poor choices are made in regard to drinking and driving. Do you know what to expect with a DUI arrest? Here are five things you need to know about a DUI in New York City. Impaired to "Any Extent" The difference between DWI and DWAI can literally just be .01 percent. According to FindLaw, driving while intoxicated (DWI) is defined as having a blood alcohol content at .08 percent or higher. Driving while ability impaired (DWAI) could be assigned if the blood alcohol content is [...]

Black History Month Spotlight: Michelle Obama

Black History Month- Recognizing Notable Lawyer: Michelle Obama We’ve seen Michelle Obama poised by Barack Obama’s side during his presidency countless times. Fashionable and statuesque, she handled her position as first lady with a deftness and grace that belied the initial criticism she faced. For eight years, she proudly served as the premiere  African-American first lady. There is so much more to know about Michelle Obama - here are some things you might not be aware of: 1. She is one of only three first ladies with a Graduate Degree. After graduating Magna Cum Laude with her Bachelors Degree in Sociology from Princeton University, Michelle Obama went on to receive her Law Degree from Harvard Law [...]

HERE’S WHAT YOU SHOULD DO AFTER A CAR ACCIDENT

Nobody is truly prepared for a car accident.  Sometimes it’s just a nuisance fender-bender with property damage, but other times it can be a life-altering event.  Usually, it’s someplace in-between.  Since accidents are so common in New York City, it’s a good idea to know what to do in case you have a car accident.  Wittenstein & Wittenstein is a law firm with accident attorneys in Queens that will answer all your questions after accident.  They also share some basic information about what to do. THE FIVE MOST IMPORTANT THINGS TO DO RIGHT AFTER A CAR ACCIDENT Call the police (911). Never make an agreement with the other vehicles to exchange information and handle everything “without [...]

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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

Types of Damages Recoverable in Personal Injury Law

Generally, a personal injury case begins with establishing negligence, which is the recognition of a legal duty and breach of that legal duty.  This means that there must be something expected, such as a property owner’s duty to keep the premises safe, and the “breach” might be oil left spilled on the floor for an unreasonable amount of time.  It also needs to be proven that the “breach of duty” caused the injury claimed.  This is known as “causation.”  Just because the oil was on the ground, doesn’t mean it caused the accident, it must be proven that that it was slipping on the oil that caused the accident. Once negligence is proven, as above, the [...]

How Can a Car Accident Attorney Help Me?

You should contact a car accident attorney as soon as possible after you have an accident.  You may have more rights than you think!  Sometimes people are afraid to go to the hospital in the ambulance provided by the police because they are concerned about payment of the hospital bill.  This is not something to worry about because the hospital bill is always paid by the car insurance scheme, even if all the cars are uninsured!  An experienced Queens Car Accident Attorney can be a valuable source of support, helping get your medical bills paid, collect money for lost earnings, pain and suffering and other causes of action. How an Accident Attorney Can Help Your Case [...]

How to Avoid Being Dropped by Insurance Companies

Can My Insurance Company Drop Me? Here at Wittenstein & Wittenstein, rarely does a day go by without somebody asking us if their insurance company can drop them.  People pay for insurance, but are afraid to use it for fear of being dropped. That’s why we thought it would be helpful to address this, and the related issue of when an insurance company can raise your rates. When Can My Insurance Company Drop Me? An insurance company can drop you whenever they’d like to, and no reason is required. Most of the time however, insurance companies like to keep their customers. So they’re not likely to drop you unless it starts to look like they’ll have [...]

5 Things You Need to Know About DUI in NYC

No one who is going out for a night out on the town expects to end up arrested and in the back of a police car. Unfortunately, that can happen when poor choices are made in regard to drinking and driving. Do you know what to expect with a DUI arrest? Here are five things you need to know about a DUI in New York City. Impaired to "Any Extent" The difference between DWI and DWAI can literally just be .01 percent. According to FindLaw, driving while intoxicated (DWI) is defined as having a blood alcohol content at .08 percent or higher. Driving while ability impaired (DWAI) could be assigned if the blood alcohol content is [...]

Black History Month Spotlight: Michelle Obama

Black History Month- Recognizing Notable Lawyer: Michelle Obama We’ve seen Michelle Obama poised by Barack Obama’s side during his presidency countless times. Fashionable and statuesque, she handled her position as first lady with a deftness and grace that belied the initial criticism she faced. For eight years, she proudly served as the premiere  African-American first lady. There is so much more to know about Michelle Obama - here are some things you might not be aware of: 1. She is one of only three first ladies with a Graduate Degree. After graduating Magna Cum Laude with her Bachelors Degree in Sociology from Princeton University, Michelle Obama went on to receive her Law Degree from Harvard Law [...]

HERE’S WHAT YOU SHOULD DO AFTER A CAR ACCIDENT

Nobody is truly prepared for a car accident.  Sometimes it’s just a nuisance fender-bender with property damage, but other times it can be a life-altering event.  Usually, it’s someplace in-between.  Since accidents are so common in New York City, it’s a good idea to know what to do in case you have a car accident.  Wittenstein & Wittenstein is a law firm with accident attorneys in Queens that will answer all your questions after accident.  They also share some basic information about what to do. THE FIVE MOST IMPORTANT THINGS TO DO RIGHT AFTER A CAR ACCIDENT Call the police (911). Never make an agreement with the other vehicles to exchange information and handle everything “without [...]

Load More Posts

CONSTRUCTION ACCIDENT ATTORNEY

WORKERS COMPENSATION LAWYER