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.
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 [...]
Free Consultation: What to Expect from the Attorney
Some attorneys offer free consultations to new clients as a way to expand their clients base and to assess whether their firm and the client are a good fit. They are also a great way for clients to begin to understand the legal issues that apply to their matter. To get the most out of a free consultation with a NYC construction accident lawyer, or a Queens, Brooklyn, Manhattan, Staten Island or Bronx car accident attorney, it’s important to create a list of questions and to bring all of the paperwork you have about legal matters at hand. Expect Detailed and Useful Information If you’re consulting with a NYC construction accident lawyer, you should expect to [...]
Distracted Driving Main Cause of Car Accidents in NYC
In NYC, passenger cars and pedestrians compete with Amazon, Freshdirect, Ubers, Lyfts, black cars, yellow taxis and green taxis for their patch of roadway that’s not taken over by a bicycle lane. The background noise of blaring radios, jackhammers and construction doesn’t let you think and the flashing storefront lights cloud your vision. That’s why the best accident attorney in Queens always advises clients to drive defensively. Types of Distracted Driving If you ask a New York City catastrophic injury attorney about what you should do to stay safe, they’ll remind you to slow down and pay more careful attention when driving in bad weather or in crowded urban environments. These are the most common [...]
When Should I Call A Divorce Lawyer?
If divorce is in the air, putting off getting legal advice doesn’t make the problem go away. Knowing what you’re entitled to in a divorce can help you decide if it’s best to tell your spouse now or to wait until you’re better prepared financially to make a move. If your spouse has already brought up divorce, they’ve probably already spoken to an attorney, so you need to catch up quickly. Wittenstein & Wittenstein is the top Queens divorce attorney that offers free consultations. Call us at 718-261-8114 to make an appointment. Don’t Sign Anything Presented By Your Spouse One of the oldest tricks in the book is for one spouse to try to convince [...]
SHOULD I HIRE A LAWYER FOR MY STARTUP?
The biggest mistake any startup can make is cutting corners by using DIY forms to start their business. That’s why most startups will hire an attorney to handle the formation of their business entity, but they often don’t see the need for ongoing legal support. The savviest startups know that being proactive is the best way to protect the hard work they’re putting in their company and that hiring the best business lawyer in Queens to protect and support their budding enterprise is a wise investment. Wittenstein & Wittenstein can help your company get off the ground and provide ongoing support for a reasonable fee. Call 718-261-8114 for a free consultation. Forming a Business Entity If [...]