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.
Asserting Your Rights In New York State
With Donald Trump and his oligarchs back in power, we are sure to see a reduction in federal rights, including the right to collect compensation from negligent parties for injuries caused by negligence, recklessness, and intentional conduct. It’s no secret that safety measures are expensive and profit-hungry billionaires would rather bank that money than spend it on preventing injuries to people they don’t care about. That said, New York State will continue to provide injured people with access to negligence lawyers Queens who handle cases on contingency fees, so you don’t have to pay a penny upfront for high-quality legal representation. Here’s what you need to know when asserting your rights in New York State. [...]
Attorneys Fighting for Justice
When our country was founded only white, propertied, Protestant men had the right to vote. Much progress has been made to include a much wider range of voters, but many inequities remain. One of those inequities is access to the legal system for middle-class people who cannot afford to pay hundreds of dollars an hour for legal representation. That’s why the best Queens, Brooklyn, and Bronx car accident attorneys represent clients on a contingency fee, so clients don’t have to pay a dime until their case is settled. In this political climate, we can’t take anything for granted as long as cherished rights are being stripped from us regularly by those beholden to the interests [...]
Justice for Hit and Run Victims
One of the most infuriating things life can throw at us is a hit-and-run driver! You’re lying on the ground, or you’re sitting in your damaged car, or you’re trapped under your broken bike, watching the car that hit you drive away! It’s unimaginable, but it happens every day. The good news is that there are plenty of ways for victims of hit-and-run drivers to get justice. The best personal injury attorneys can help you collect money damages for out-of-pocket medical expenses, lost earnings, pain, suffering, and emotional distress even if the culprit is never found. Documenting the Accident Getting a photo of the hit-and-run driver's license plate can help you get car accident compensation [...]
Why Drunk Driving Accident Injuries Are Often Catastrophic
Of the thousands of motor vehicle accidents that happen each year in New York City, the ones that cause the most serious injuries are usually caused by drunk driving. This is because sober drivers that make a mistake are usually able to mitigate the damage, they cause by slamming on the brakes, turning out of the way, or other corrective actions, whereas drunk drivers aren’t able to accomplish this. The best negligence lawyers Queens are well aware of these tragic consequences and can help you understand why drunk driving accidents are so catastrophic. What Alcohol Does to a Driver These are just some of the effects that Queens drunk driving accident attorneys report that makes [...]
Who Is Liable in a Car Accident Involving a Rideshare Service?
Rideshare services like Uber and Lyft have become a popular and convenient transportation option for many. Whether you're commuting or traveling, catching a ride using your smartphone is convenient and economical. However, with the rise in rideshare usage, car accidents have been increasing in New York City. If you’re involved in an accident while using a rideshare service, determining who is liable can be confusing at times. If you were hurt while using a ridesharing vehicle, consulting an experienced car accident lawyer in Queens and Brooklyn can be helpful. Rideshare Drivers are Independent Contractors Rideshare companies classify their drivers as independent contractors rather than employees. This distinction is crucial because it limits the company's liability [...]
The Importance of Documentation for Personal Injury Claims
A personal injury claim is a civil action that claims that a plaintiff has been “damaged” due to the negligent, reckless or intentional acts of another. In order to successfully prosecute the claim, sufficient evidence must be presented to support this allegation. There are many different types of claims that are handled by a Queens personal injury law firm, each with their own evidentiary requirements. This blog outlines the types of documentation needed for some common types of personal injury claims. Motor Vehicle Accidents Queens pedestrian accident attorneys are well aware of the documentation requirements for pedestrian accidents where the driver leaves the scene. In order to make a claim, these accidents must be reported [...]
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
Asserting Your Rights In New York State
With Donald Trump and his oligarchs back in power, we are sure to see a reduction in federal rights, including the right to collect compensation from negligent parties for injuries caused by negligence, recklessness, and intentional conduct. It’s no secret that safety measures are expensive and profit-hungry billionaires would rather bank that money than spend it on preventing injuries to people they don’t care about. That said, New York State will continue to provide injured people with access to negligence lawyers Queens who handle cases on contingency fees, so you don’t have to pay a penny upfront for high-quality legal representation. Here’s what you need to know when asserting your rights in New York State. [...]
Attorneys Fighting for Justice
When our country was founded only white, propertied, Protestant men had the right to vote. Much progress has been made to include a much wider range of voters, but many inequities remain. One of those inequities is access to the legal system for middle-class people who cannot afford to pay hundreds of dollars an hour for legal representation. That’s why the best Queens, Brooklyn, and Bronx car accident attorneys represent clients on a contingency fee, so clients don’t have to pay a dime until their case is settled. In this political climate, we can’t take anything for granted as long as cherished rights are being stripped from us regularly by those beholden to the interests [...]
Justice for Hit and Run Victims
One of the most infuriating things life can throw at us is a hit-and-run driver! You’re lying on the ground, or you’re sitting in your damaged car, or you’re trapped under your broken bike, watching the car that hit you drive away! It’s unimaginable, but it happens every day. The good news is that there are plenty of ways for victims of hit-and-run drivers to get justice. The best personal injury attorneys can help you collect money damages for out-of-pocket medical expenses, lost earnings, pain, suffering, and emotional distress even if the culprit is never found. Documenting the Accident Getting a photo of the hit-and-run driver's license plate can help you get car accident compensation [...]
Why Drunk Driving Accident Injuries Are Often Catastrophic
Of the thousands of motor vehicle accidents that happen each year in New York City, the ones that cause the most serious injuries are usually caused by drunk driving. This is because sober drivers that make a mistake are usually able to mitigate the damage, they cause by slamming on the brakes, turning out of the way, or other corrective actions, whereas drunk drivers aren’t able to accomplish this. The best negligence lawyers Queens are well aware of these tragic consequences and can help you understand why drunk driving accidents are so catastrophic. What Alcohol Does to a Driver These are just some of the effects that Queens drunk driving accident attorneys report that makes [...]
Who Is Liable in a Car Accident Involving a Rideshare Service?
Rideshare services like Uber and Lyft have become a popular and convenient transportation option for many. Whether you're commuting or traveling, catching a ride using your smartphone is convenient and economical. However, with the rise in rideshare usage, car accidents have been increasing in New York City. If you’re involved in an accident while using a rideshare service, determining who is liable can be confusing at times. If you were hurt while using a ridesharing vehicle, consulting an experienced car accident lawyer in Queens and Brooklyn can be helpful. Rideshare Drivers are Independent Contractors Rideshare companies classify their drivers as independent contractors rather than employees. This distinction is crucial because it limits the company's liability [...]
The Importance of Documentation for Personal Injury Claims
A personal injury claim is a civil action that claims that a plaintiff has been “damaged” due to the negligent, reckless or intentional acts of another. In order to successfully prosecute the claim, sufficient evidence must be presented to support this allegation. There are many different types of claims that are handled by a Queens personal injury law firm, each with their own evidentiary requirements. This blog outlines the types of documentation needed for some common types of personal injury claims. Motor Vehicle Accidents Queens pedestrian accident attorneys are well aware of the documentation requirements for pedestrian accidents where the driver leaves the scene. In order to make a claim, these accidents must be reported [...]