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.
Premises Liability – When Can You Sue?
If you’ve been seriously injured on somebody else’s property, you might be wondering if you should sue. You are considering making a premises liability claim, but you don’t want to be a greedy nasty person. On the other hand, you've lost time from work and can’t enjoy the same physical activities as before the accident, so it’s natural to consider whether you’re entitled to compensation. That’s why we’re going to outline how courts determine whether a property owner is legally liable when somebody gets hurt. It’s always a good idea to call us at 718-261-8114 if you’ve had any kind of accident for a specific answer regarding the facts of your particular situation. Premises liability claims [...]
Should I Hire a Personal Injury Lawyer?
It’s opening night at your best friend’s new restaurant and excitement fills the air. The place looks gorgeous and the food is amazing. Everything’s just wonderful until you slip on the stairs down to the restroom, breaking your leg in two places. You don’t want to be a jerk and sue your friend, but now you’re in rehab after two surgeries, and haven’t been able to work in months. So you’re wondering, “Should I hire a personal injury attorney?” Were You Injured As a Result of Negligence? The best way to find out if you should hire a personal injury lawyer NYC is to make an appointment for a free consultation. Queens, Manhattan, Bronx, Staten Island [...]
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Religious Freedom
The founders of the United States and the drafters of our Constitutional considered freedom of religion to be of great importance. That’s why the First Amendment to the Constitution prohibits infringement on the right to worship as you choose. We’re all aware that freedom of speech does not include the right to panic people by falsely screaming “Fire” in a crowded theater, and similar limits apply to all rights. We should be grateful to live in a country that allows us the freedom to practice the religion of our choice. Regarding religion, the First Amendment states: “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.” The first half of [...]
Four New Laws in New York
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NYC CONSTRUCTION ACCIDENT LAWYER
If you’re injured on a construction site, there are can be many overlapping claims that can be brought on your behalf. If you’re working on the site, your employer should have a worker’s compensation policy in effect to cover you, and there are avenues to pursue if they don’t. There are potentially claims under Labor Law and other laws that specifically address injured construction workers. Pedestrians and visitors to construction sites can also bring claims if they are injured as a result of negligence. Wittenstein & Wittenstein are the most reputable NYC construction accident attorneys with sixty years of combined experience at the firm. When Safety Laws Are Ignored There are many laws and regulations to [...]