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 Types Of Accidents Cause The Most Serious Injuries?
Any type of traumatic injury calls for evaluation to determine its severity, but the lion’s share of injuries from car accidents and falls are relatively minor. Accidents involving heavy impacts and falls from a significant height cause the majority of catastrophic disabilities such as paralysis, loss of a limb, blindness and loss of cognition. In order to collect the huge amount of compensation they’ll need to regain as much quality of life as possible, victims need experienced and specialized legal representation. For example, workers injured on a construction site should hire a NYC construction accident lawyer and people injured by large vehicles should retain a truck accident lawyer in NYC. How To Choose The Best NYC [...]
What’s The Value Of My Case?
If you’ve been injured in an accident, you’re likely facing the spectre of large out of pocket medical expenses, lost earnings and other challenges. It’s important to know that you don’t have to face this crisis alone because an experienced personal injury lawyer knows exactly what to do to help you return to enjoying your life. When you hire the right Queens, Brooklyn, Manhattan, Staten Island and Brooklyn car accident attorney, you’re usually able to recoup large amounts of money to help you pay off your bills and come back strong. In addition to being the go to car accident attorney in Queens, Wittenstein & Wittenstein is also the top NYC Construction Accident attorney, helping [...]
The Importance of Hiring The Best Truck Accident Attorney
Truck accidents can cause severe or even catastrophic injuries, so getting top dollar compensation is extremely important for passenger car occupants, pedestrians and cyclists that are involved in crashes with these big heavy vehicles. There are many negligence lawyers in Queens that claim to handle all types of motor vehicle accidents, including truck accidents, but you’re not likely to get the best results unless you hire a truck accident lawyer in NYC that has a tremendous amount of experience with this type of case. Wittenstein and Wittenstein is the top negligence lawyer in Queens, handling truck accident cases for more than sixty years. Call us at 718-261-8114 for a free consultation. Compensation For Victims of Truck [...]
The Benefits of Hiring a Queens Car Accident Attorney
It’s becoming increasingly common for insurance companies to try to settle car accident claims quickly with injured people before they get a chance to speak to a lawyer. This is a great strategy for insurers because when they’re successful, they get away with paying pennies on the dollar compared to what the injured person would collect if they hired a Queens car accident attorney. Sometimes they even try to settle the claim the same day, before the person has a chance to wake up stiff the next day and realize how badly injured they are. Here’s $500, they say, and some naive people actually accept it when their claim could be worth $10,000 or more. That’s [...]
How To Choose A Truck Accident Lawyer
Most small firm and sole practitioner personal injury attorneys can effectively handle most small car accidents and slip and fall cases, but truck accident cases are much more complicated. For starters, people injured in truck accidents often have severe or catastrophic injuries that require large amounts of compensation. This means that it’s necessary to identify all deep pockets that contributed to the accident and to aggressively litigate the case to get top dollar. That’s why it’s important to hire an experienced truck accident lawyer in NYC that has the skills and expertise to get you the most money possible to help you get a new lease on life. Wittenstein & Wittenstein has been helping people injured [...]
What’s a Negligence Lawyer?
Lawyers graduate with a degree called a Juris Doctor that is required in New York, and in most other states, as a prerequisite for taking the bar examination and admission to the profession. Whereas doctors usually specialize in a particular area and become certified to practice medicine in that field, lawyers all graduate as generalists after studying many areas of the law in school. One of the major areas of law school study, called “torts” is about civil liability for injurious conduct. A negligence lawyer is an attorney that specializes in collecting money for people that have been injured by the negligent, reckless or intentional acts of others. Wittenstein & Wittenstein is the negligence lawyer in [...]