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 to Do After a Construction Accident in New York City
Workplace accidents can have severe consequences, especially for those employed in the construction industry. Knowing the appropriate steps to take after such accidents is crucial for protecting your rights and collecting compensation. When you take the appropriate action immediately after an accident, the best NYC construction accident lawyer can help you collect the maximum amount of compensation. Some Queens and Brooklyn traffic accident attorneys handle construction accident cases, but it’s important to make sure that the lawyer you choose has ample experience with construction accident cases, especially the important exceptions to worker’s compensation as the sole remedy, third party lawsuits and rights under labor laws. Seek Immediate Medical Attention If you are injured in a construction [...]
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It’s well established that construction sites are dangerous and that injuries are common, but inquiry into what’s causing these injuries can be helpful in reducing their frequency and severity. The top NYC construction accident lawyers have the experience and know how to assess whether a claim is limited to workers compensation or can be litigated to achieve a much higher amount of compensation. That’s why it’s important to speak to the best Forest Hills personal injury lawyers after a construction accident to make sure that you’re not leaving money on the table. Several factors contribute to the causes of injuries at construction sites. Here are some of the primary causes: Falls: Falls from heights, such [...]
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Mothers fainting when they find out that their son has purchased a motorcycle have become a cliche for a good reason, motorcycles are the most dangerous form of transportation. No other form of transportation even comes close. According to Statista, these are the death rates per billion passenger miles for each of the following forms of transportation: Motorcycle 212.57 Passenger Vehicle 7.28 Ferry 3.17 Trains .43 Subway/Trolley .24 Bus .11 Plane .07 Motorcycles are so dangerous because they offer little protection from impacts from other vehicles and the road. Helmets are helpful, but cannot prevent all serious head injuries. That’s why Wittenstein & Wittenstein, top accident attorneys in Queens, have put together some tips that [...]
New Speed Camera Initiative To Prevent Worker Deaths
Construction work is well established as the most dangerous of all professions, with deaths and catastrophic injuries exceeding those sustained by police officers, firefighters and roofers combined. In 2022, more than two hundred workers lost their lives in the most hazardous duty of all, construction work on New York’s busy metropolitan highways. Personal injury attorneys in Forest Hills see first-hand how their clients sustain the most serious injuries during construction work and NYC construction accident lawyers can help these injured workers collect the compensation they deserve. The good news is that Governor Hochul has spearheaded the launch of the Automated Work Zone Speed Monitoring Program intended to greatly reduce highway worker casualties in New York. How [...]