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.
Do’s and Don’ts After A Car Accident
If you sustain serious injuries in a car accident, the financial and emotional impact on your family can be severe. The shock of an accident can cause even the most level headed people to become disorientated, so it’s wise to know in advance the steps you need to take to protect your health and your finances. Doing the wrong things after an accident, or forgetting to do the right things, can jeopardize your ability to collect the compensation you’re entitled to. Here are some do’s and don’ts from the top Queens, Brooklyn, Manhattan and Bronx car accident attorneys that will help ensure that your interests are protected. Don’t Say No to the Ambulance This is the [...]
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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 [...]
Auto Accidents Cause Most Head Injuries
According to Johns Hopkins Medicine, more head injuries are caused by motor vehicle accidents than by any other type of trauma. They are also the most common cause of disability and death for adults in the United States. All head injuries must be taken seriously because symptoms of traumatic brain injuries (TMI) are not always clear and delays in treatment can result in a death that might have been prevented. That’s why Alyce Wittenstein, the best Queens Brain Injury Attorney, recommends always going straight to the emergency room by ambulance if you sustain even the slightest trauma to your head in an auto accident. What Types of Motor Vehicle Accidents Cause TMIs Any type of [...]
Compensation For Injured Construction Workers
Construction work is the world’s most dangerous profession, with thousands of workers suffering severe and fatal injuries each year. According to the Occupational Safety and Health Administration (OSHA,) close to one in five workplace deaths are in the construction industry. Unfortunately, injured workers, and the families of workers that are killed on the job, rarely collect what they’re entitled because of laws that restrict lawsuits against employers. The only way to collect a large amount of compensation is to hire a NYC construction accident lawyer that knows how to make claims under exceptions to the workers compensation law, under labor law and against third parties that were responsible for the accident. What Causes Construction Accidents? The [...]