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.
I Signed a Liability Waiver, Can I Still Sue?
Most Liability Waivers are Not Enforceable in New York Companies are increasingly requiring waivers for participating in many events and recreational activities. They are intended to protect businesses from lawsuits, and act as psychological deterrents as people often assume that they cannot sue for their injuries because they signed a waiver. If you’ve been seriously injured, an experienced New York personal injury lawyer might be able to help you make a claim, even though you signed a waiver! In fact, New York law generally holds waivers of liability for negligence unenforceable. So if you are wondering, "I signed a liability waiver, can I still sue,?" the answer, mostly likely, is yes! What is a Liability Waiver? [...]
Head to the Emergency Room After a Traffic Accident!
Despite increases in safety of motor vehicles, people are injured in traffic accidents every day. Airbags and other safety devices will help minimize the extent of injuries in many cases, but will not prevent them completely. Airbags can also cause injuries of their own, such as severe burns. Seatbelts can sometimes cause internal injuries in the upper body. If you’ve been involved in a serious traffic accident, you should head to the emergency room. Your vehicle and your other responsibilities can wait; you must ensure that your health comes first. Internal Injuries, Concussions and Fractures Require Immediate Attention Any Queens, Bronx, Staten Island, Manhattan or Brooklyn traffic accident attorney can tell horror stories of people that [...]
10 Ways to Prevent Catastrophic Injuries
USE THESE PRECAUTIONS TO AVOID TRAGIC ACCIDENTS You’re walking down the street and an out of control car comes up onto the sidewalk and hits you. There is nothing you can do to prevent this, but there are many times where an accident could have been avoided, or the injuries could have been much less severe. Here’s 10 ways to protect yourself and your family from catastrophic injuries. 1-- Seat Belts Always use the best safety devices and make sure you are using them properly. The Center for Disease Control (CDC) statistics show that seat belts reduce serious crash-related injuries and deaths by about half. Young adults and men are less likely to wear seatbelts that [...]
Five Stages of a Personal Injury Case
When somebody suffers an injury because of the intentional, reckless or negligence action of another person, this can give rise to a personal injury case. There are many different types of personal injury cases such as: Traffic Accidents Slip and Fall Medical Malpractice Product Liability Dog Bites Civil Rights If you have a personal injury case that’s being handled by an attorney, it’s a good idea to know the five stages civil litigation that applies to personal injury cases. If you have a Queens, Manhattan, Staten Island, Bronx or Brooklyn personal injury attorney, they will also know the specific rules that apply to these New York City jurisdictions. Smaller cases with less serious injuries are usually [...]
3 Red Flags That Can Lead to Construction Accidents
As a construction site manager, you realize that managing your project well is at the top of your to-do list. It is your job to oversee the project from start to finish, and to make sure that all phases of the undertaking are done without a hitch. That alone is challenging enough, but it takes some real skill to manage the project well and keep everyone safe at the same time. Luckily, making sure that every aspect of the construction site is a well-oiled machine is easier to do the more experience you have attained. One of the things that you realize will be an asset for you would be a full understanding of how to [...]
Do I Need An Attorney For An Accident Case?
After an accident, people often wonder whether they need an attorney for an accident case. There are no hard and fast rules, but there are some guidelines. There’s no point in making “mountains out of molehills,” but sometimes what injuries don’t heal as quickly as expected, resulting in lost earnings and stress on the family, and by the time that happens deadlines have expired. When in doubt, it’s always a good idea to speak to a trusted personal injury lawyer who can advise you about whether or not you have a case. If you have been seriously injured in any type of accident, (a traffic accident, “slip and fall,” work accident, animal attack, etc.,) it’s always [...]