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.
Evolution of Attorney Fees in the United States
In the 17th Century, most states capped legal fees based on the attorney’s area of practice. For example, there would be a cap for divorce, a cap for real estate transactions and a cap for criminal representation. Attorneys would therefore have to compete heavily for clients based on their skills because it wasn’t easy for an attorney that charged less than the cap to make a living. That’s why attorneys lobbied heavily for additional fee options and developed innovative ways to make more money. Most Queens accident attorneys use a contingency retainer, so you don’t have to pay anything until you collect money making it possible for even the poorest injury victim to obtain representation. [...]
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If you’ve been injured in an accident, it’s important to get legal advice quickly so that evidence can be preserved and deadlines are met. That said, rushing into signing on the dotted line with somebody that hands you a card as you’re getting into an ambulance isn’t the right way to do it. When you choose the best Forest Hills personal injury lawyer that’s been serving the community for over sixty years, you’ll get great service and great results. Call Wittenstein & Wittenstein for a free consultation at 718-261-8114 and get your case off to a great start. Best Forest Hills Personal Injury Lawyer There are many attorneys that have offices in Forest Hills that claim [...]