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Hurt at Work? Our Work Accident Attorneys Can Help
While you may be entitled to workers’ compensation benefits after an accident at work in New York City, many workplace injuries are far more complicated. To learn about all of your options following a workplace accident, our New York City work injury lawyers are here to help with third-party claims and lawsuits. Our work injury attorneys have years of experience handling workplace accident cases throughout New York, including a recent $9 million settlement for a workplace accident.
If you have suffered a workplace injury in New York City, contact the New York personal injury lawyers with Hecht, Kleeger & Damashek, P.C. right away. You can reach us online or by calling 212-292-4339 to set up a free case evaluation.
Work Injury Claims in NYC: Workers’ Compensation vs. Third-Party Liability
If you are injured at work, your thoughts may immediately turn to filing a New York workers’ compensation claim. If a coworker, supervisor, or another employee of your employer solely caused the incident, then your only way to recover compensation is through a workers’ comp claim.
Third-Party Liability in NYC Workplace Accidents
However, our New York work injury lawyers’ investigation may uncover that someone from outside of your employer’s business caused you harm. This is known as a third party, and it may be a:
When a third party is liable for the workplace accident and your injuries in some way, whether they were entirely or partly to blame, then you may pursue compensation for your injuries through a third-party claim. Also, under New York State Law, a Property Owner and General Contractor may be responsible for unsafe conditions at a construction worksite.
If you have a valid third-party claim, it is essential to consider pursuing it. The benefits you can receive through workers’ compensation are limited. They will not cover all of the expenses and financial losses you experience. Not to mention, there is no workers’ comp benefit dedicated to your pain, suffering, and emotional distress related to your injuries.
Workers’ Compensation Claims After an Injury at Work
Most employees in NY are covered by workers’ compensation insurance, which entitles you to specific benefits if they are injured. Workers’ comp is not a lawsuit and does not establish fault. When you file a workers’ comp claim, your employer’s insurance company covers your medical expenses. You can also receive a portion of your wages based on being considered temporarily, permanently, totally, or partially disabled. The medical coverage and wage benefits are often paid out over time or in some circumstances as a lump sum workers’ compensation settlement.
Our workplace injury lawyers represent individuals who have suffered injuries in:
Construction Accidents
At Hecht, Kleeger & Damashek, P.C., we are highly experienced in investigating construction accidents, identifying the at-fault party, and pursuing third-party claims. If you are a construction worker who was injured on the job, do not hesitate to call us to discuss your circumstances and best next steps.
Dangerous Job Sites
Construction workers are not the only New York employees to face hazardous work environments. If you work in NYC and were injured because your work environment was not safe, connect with our work injury attorneys as soon as you can. A work injury lawyer can advise you of your options, including pursuing compensation through a third-party lawsuit.
Ladder & Scaffold Accidents
Many workers are injured in falls from ladders and scaffolding or when this type of equipment is defective and fails. If you were injured in a ladder or scaffolding accident, call our NYC work injury lawyers right away to discuss your options. We have helped workers injured in these types of accidents recover millions in settlements and court verdicts.
Crane Accidents
While cranes are a sign of an active construction industry and economy, they also create risks for workers and nearby motorists and pedestrians. Crane accidents can cause serious injuries and fatalities. If you were injured in a crane accident while at work, call our NYC work injury lawyers right away.
Forklift Accidents
Forklifts are a common vehicle on many work sites. When handled carefully by someone trained to operate the forklift, the vehicle is unlikely to cause anyone harm. However, a lot can go wrong when the person operating the forklift is not properly trained or becomes careless. Forklift defects can also lead to serious accidents and injuries. If you were hurt in a forklift accident, let us investigate the circumstances and determine your best options.
Transportation Accidents
Working in and around vehicles is dangerous. We handle many claims involving vehicle collisions, vehicle-pedestrian accidents, backup accidents, and other types of transportation-related injuries and fatalities.
Dangerous Machinery
Potentially dangerous tools, equipment, and machinery are necessary aspects of many industries and jobs. When working around electric, automatic, heavy, and other potentially hazardous machines, workers need to be properly trained, supervised, and careful. It only takes one moment of carelessness in the workplace for an accident or injury to happen. If you suffer an injury because of dangerous machinery, call our New York workplace accident lawyers right away.
Fires, Explosion, and Burns
Hazardous materials at work sites can lead to significant fires and explosions. Our works’ injury lawyers in Manhattan are here to represent you if you suffered severe burns and other injuries due to a fire or explosion that took place while you were working.
Electric Shock and Electrocution
If you work around live electricity or with electric machinery and equipment, you face the risk of electric shock and electrocution. That risk should be mitigated by adherence to safety regulations and best practices. However, when someone else on your job site fails to follow the rules, your life is put in jeopardy. Call us right away if you are suffering from electric shock injuries or your loved one passed away due to work-related electrocution.
Toxic Chemical Exposure
Toxic exposure is being directly or indirectly in contact with a substance that poses significant health risks. Toxic substances can be found on all manner of job sites. Toxic substances may be airborne, liquid, or solid and often enter the body through breathing or direct handling.
Mesothelioma
Mesothelioma is cancer found in the lining of the lungs, chest, or abdominal cavity. It is frequently associated with prior environmental or occupational exposure to asbestos. While exposure to asbestos has been an issue in work injuries for some time, asbestos in NYC gained a lot of attention after the 9/11 attacks because 400 tons of toxic asbestos was among the Twin Towers debris. If you’ve been diagnosed with Mesothelioma in connection to your employment or proximity to ground zero, contact us right away.
Common Workplace Injuries in New York
At Hecht, Kleeger & Damashek, P.C., we represent workers recovering from moderate, severe, and catastrophic injuries. Whatever the type and extent of your injuries, our workplace accident lawyers are here to help. Some of the most common work-related injuries we handle include:
What To Do If You’ve Been Hurt At Work in New York
After getting hurt in a workplace accident in New York, there are important steps to take.
Report the Workplace Accident
It may sound like common sense, but the first thing you should do after being injured at work is to report the injury to a supervisor. You can run into problems if you don’t realize that you are injured right away and some states have a short window to file an accident report.
See a Doctor
Like some car accident injuries, workplace injuries may become apparent after the initial accident. So it is important that you see a medical professional right away so they can properly asses you and give you the proper treatment that your injury/injuries need to begin healing properly.
Report the Injury
If an injury is discovered, it’s important to report it. It is up to your employer to file a claim with their insurance company on your behalf, and they can’t do this if the individual injuries are not reported.
Know your Legal Rights as a Worker
In certain circumstances, employees injured on the job can file a lawsuit in civil court to recover additional damages. Therefore, it’s important for injured employees to understand their legal rights.
Statute of Limitations for Workplace Accidents in NYC
For every type of legal claim, there is a deadline. You cannot wait indefinitely to pursue workers’ compensation benefits or to file a third-party lawsuit after a workplace accident in New York.
How Long Do You Have to File a Work Injury Claim in New York?
In New York, you typically have two years to seek workers’ compensation benefits. Various factors can impact how long you have to pursue benefits through a workers’ comp claim, so it is important to talk with a workerss compensation lawyer as soon as you can. Typically, you want to file a claim right away to ensure you receive your benefits right when you need them.
The New York statute of limitations for personal injury claims is usually three years. If you have a third-party personal injury claim, you have a bit longer to file than compared to your workers’ comp claim.
Not all third-party claims are straightforward personal injury lawsuits. If you have a premises liability, product liability, or wrongful death claim related to a workplace injury or death, you may face a different statute of limitations.
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Here are the top 3 reasons you need a job injury attorney from HKD after an injury at work:
Our Attorneys Understand Worksites & Your Job.
We know that worksites can be inherently dangerous, but New York labor law makes the property owner and general contractor responsible for providing a safe construction site. If you are injured on the job, we can hold them accountable.
We know that construction jobs are difficult. You physically exhaust yourself on a daily basis. You must wear safety gear and be careful around heavy equipment that could seriously injure you – or worse. If you’re injured, we will prove that you were doing your job duties, and you’re not to blame. Once we determine who was at fault, we will hold them financially responsible.
We Have Connections with the Right Experts.
In many personal injury cases, especially those that involve significant compensation or complex proof of negligence (or determining who was at fault), expert witnesses are necessary. Hecht, Kleeger & Damashek routinely works with experts in the industry to support cases where our clients were injured and deserve compensation.
We might use an expert in your case to prove:
That workers on the job site didn’t get proper training
That you weren’t provided with the proper safety equipment
That a general contractor wasn’t properly managing a construction site
That construction equipment wasn’t properly maintained
That the property owner didn’t properly maintain the site
We may also use experts to evaluate your medical costs and future need so that we make sure we get enough money from the insurance company to cover all of your past and future losses.
We Know New York Labor & Personal Injury Law
You need a work injury attorney who also knows and understands New York labor laws and workplace regulations. There are many standards that general contractors are held to. If a property owner or general contractor fails to comply with regulations, they can put everyone at risk.
We will investigate your workplace accident and determine if the property owner, general contractor, or someone else is to blame. We will hold them accountable for their negligent actions or inaction. Because we understand workplace accidents, we can put the pieces together in your case.
Compensation for Workplace Accidents in New York City
When a third-party claim is available, our New York work injury lawyers can help you to pursue full and fair compensation for your injuries, including compensation for:
Medical and other related expenses
Physical pain and suffering
Emotional distress and mental anguish
Disfigurement
Disability
Lost wages and reduced earning capacity
Reduced quality of life or loss of normal life
Loss of consortium
Frequently Asked Work Injury Questions
Who Is Liable If I Was in a Car Accident While Working?
Although you can file workers’ compensation if you were in a car accident while working, you can also file a third party personal injury claim against the other driver for being negligent. Workers’ compensation may only cover part of your losses, but you can seek all of your damages in a third party claim.
What Are the Most Common Work Injuries in New York?
You are required to notify your employer after a work injury, but you should also contact an experienced workplace accident attorney as well. Do not make a statement to any insurance company before talking to a work injury lawyer. We will evaluate your case and help you determine if you can make a third party claim for additional compensation to cover all of your damages.
Call Our NYC Work Injury Attorneys
If you were injured while on the job, or a loved one died in a workplace accident, we recommend speaking to Hecht, Kleeger & Damashek, P.C. right away Our New York injury lawyers will thoroughly investigate the circumstances surrounding your work-related injury or relative’s death. We will advise you on your right to pursue workers’ compensation benefits and third-party liability compensation. We are here to guide you every step of the way, and we will always fight for the full benefits and compensation you are entitled to under New York labor law.
