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 Should I Ask My Injury Lawyer?
If you’ve been seriously injured in any type of accident, it’s prudent to schedule a consultation with an experienced Queens accident to determine whether you have a claim against the responsible parties. The best Queens and Brooklyn car accident attorneys can advise you on whether your injuries are serious enough to meet New York State law and whether the negligent acts of the other driver are provable. You may have questions about your property damage, lost earnings, out of pocket medical expenses and other concerns, so it’s a good idea to put together a list of questions to ensure that all the issues are addressed. These are some of the topics that should always be [...]
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If you’ve been seriously injured due to the negligence or recklessness of another person, it’s important to take the proper steps to choose the best Queens accident attorney to handle your case. For the most serious injuries, it’s best to hire a New York City catastrophic injury attorney that has experience with this type of case. Consulting with an attorney can relieve the anxiety you're feeling about whether you have a legal case against the person that caused your injury and what you’re entitled to collect as compensation. How can a Queens Accident Attorney Help You? Some of the things you can expect from an experienced Queens accident attorney will be to conduct a thorough investigation, [...]
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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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Driving in cities with heavy traffic is always challenging, so it’s important to always drive defensively and take the road conditions into account. For example, making a U-turn always requires an abundance of caution, but it’s especially dangerous on crowded urban roadways. NYC has many restrictions on making U-turns, so it’s important to make sure that your turn is legal to avoid getting ticketed for a moving violation. The best accident attorney in Forest Hills have put together some tips to help you make safe and legal turns. Wittenstein & Wittenstein is the most trusted Queens accident attorney, serving the community for more than sixty years. Call 718-261-8114 for a free consultation. Follow the Law Always [...]
Common Causes of Injuries at Construction Sites
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 [...]