People give so much of themselves to their employers. Roughly one-third of our adult lives are spent working. With that sort of dedication and investment, it’s reasonable to expect that if we are hurt on the job, we’ll be taken care of. Sadly, injured workers too often find themselves without compensation.
At Kaplan Lawyers PC, we side with workers. Our clients know that we won’t let them be taken advantage of by their employers when they suffer a work injury. Let us fight for you. Schedule a free consultation with a New York work injury lawyer today by calling (516) 399-2364 or using our online form.
Do You Have a Case?
If you’ve suffered an on-the-job injury, you might not know where to begin. You might be asking yourself all sorts of questions about your legal options, including…
Does your employer carry workers’ compensation insurance? New York State requires employers to carry workers’ compensation insurance for their employees, including for part-time employees, full-time domestic workers and some farmworkers. Even volunteers at for-profit companies and family members doing company work may be eligible for workers’ compensation. An additional thing to note is that notice of coverage for workers’ compensation must be posted in the employers’ place of business. If an employer who is legally required to provide workers’ compensation doesn’t carry it, they are not only in trouble with the state, but may be subject to lawsuits from injured workers.
Who cannot get workers’ compensation coverage? Not everyone working in New York is eligible for workers’ comp. For example, people covered under municipal or federal compensation systems, such as police officers and interstate railroad employees, are not covered under state workers’ comp laws. Independent contractors are also not covered under workers’ compensation insurance.
Are you considered an employee or an independent contractor? If you are an employee of a company and covered under the company’s workers’ compensation insurance, you cannot sue your employer, with extremely limited exceptions. Workers’ comp was essentially put in place to protect employers from lawsuits while ensuring a level of coverage for injured workers. However, if you are an independent contractor not covered under workers’ compensation, you might be able to bring a lawsuit if you are negligently injured at a worksite or while performing work for the company.
Should you file a third-party claim to get payment for your injury? If you suffered a work injury due to the negligence of a third party, you might consider filing a third-party liability claim against that person or entity through the legal system. A third party is someone other than your employer who is responsible or partially responsible for your injury. Examples of third parties include product manufacturers, subcontractors and vendors. A negligent driver who causes an accident that injures you while you are driving for your job is also a third party. If you are eligible for workers’ compensation, you have the right to sue the third party in addition to collecting insurance benefits, which are often minimal and won’t compensate you for your pain and suffering.
Is your injury temporary or permanent? If you’ve suffered a temporary injury and can foresee going back to work in the same job once you’ve recovered, your financial impacts are probably not as great as they would be had you been permanently injured. In some cases, permanent injuries prevent workers from performing their old jobs and they may have to take lower paying positions. And sometimes people who are permanently injured can no longer work at all. Employees covered by workers’ comp have different levels and lengths of disability benefits available to them, depending on the degree to which they are injured on the job and whether those injuries are temporary or permanent. In the case of permanent injuries, you may find that workers’ compensation insurance cannot adequately repay you for all you have lost because of your work injury.
These questions all play a role in determining what path you take toward compensation. While the path isn’t the same for every worker, it’s important to understand that there is almost always an option available; it’s simply a matter of finding the right one for you. We want to help.
Get the Help of a Work Injury Attorney
If you were injured at work, you deserve payment for time missed at work, medical bills and any other expenses you’ve encountered. We encourage you to contact Kaplan Lawyers PC today online or at (516) 399-2364 to speak to a New York work injury attorney
Some Jobs are More Dangerous Than Others
On average, a worker suffers from an injury or illness every seven seconds in the United States. Workers of all types can suffer a workplace injury, but these injuries are particularly common in certain sectors, such as construction, manufacturing or transportation.
At Kaplan Lawyers PC, we provide legal representation to injured workers in New York to make sure they get the compensation they deserve. If you or a loved one has suffered a debilitating on-the-job injury, contact our team of experienced legal New York work injury lawyers to learn more about your options.
Transportation – A Risk Most Workers Face
Many workplace injuries are transportation-related, meaning that someone is injured while traveling for work. In fact, over 1,700 peopledie each year from occupational transportation accidents, nearly 40 percent of all workplace fatalities. It’s no surprise that workers who spend a large portion of their time on the road as part of their job, such as truck drivers, might suffer serious injuries in vehicle crashes.
However, it’s not just transportation workers that face the risk of transportation-related injury. Regional managers, salespeople, traveling nurses, even workers that have lengthy commutes – these workers comprise a significant portion of the U.S. workforce, and they’re all vulnerable to these injuries.
The Devastation of a Workplace Injury
In addition to the immediate impact of a workplace injury (lost income and medical bills), these injuries can disrupt lives in many other significant ways. When people lose their ability to do their jobs, they lose a sense of purpose. The pain and suffering of an injury can lead to…
- Fractured relationships
- Post-traumatic stress disorder
- Diminished quality of life
- Loss of purpose.
These consequences are just as significant as the financial losses people experience from on-the-job injuries, and they should be factored into any damages you seek in an injury claim. At Kaplan Lawyers PC, we look at the entire impact of your injury, not just the financial costs.
We believe that when someone suffers a serious injury in service of an employer, they deserve payment for all the costs they suffer – permanent, temporary, economic and non-economic. Our New York workplace injury attorneys will help you determine the full costs of your suffering, so you can be sure you’re getting the payment you truly deserve.
The Most Serious Workplace Injuries and Illnesses
The accident types listed above can have several consequences for a worker. Workers may suffer one devastating injury or a combination of several injuries from a single workplace accident. Any injury can have long-lasting consequences, but some of the most notorious injuries include:
- Brain injuries
- Neck sprains
- Spinal cord injuries
- Multiple fractures
- Internal injuries
- Amputation or loss of limbs
- Illness from long-term exposure to dangerous chemicals or toxins
- Wrongful death
These injuries are often compounded by the fact that an injured worker faces expensive medical bills and lost income, making recovery even more difficult. A worker might also lose the ability to work at their full capacity, which could significantly reduce their lifetime earnings.
Let a New York Work Injury Lawyer Fight for You
Whether filing for workers’ compensation benefits or exploring legal claims against at-fault businesses or individuals, workers typically have some form of recourse available if they’ve been hurt at work. We help clients find a solution to their problem.
We’ll explore the following options for compensation:
- Workers’ compensation benefits
- Disability benefits for injured workers
- Third-party liability claims
- Personal injury claims.
The path toward fair compensation isn’t always clear. We offer free consultations to help you better understand your options. We evaluate your case and give you our thoughts, so you can decide whether to move forward. Reach out to us online or by calling (516) 399-2364.
Types of Workplace Accidents
What Types of Accidents Lead to Workplace Injury?
Slips, falls and trips are one of the leading causes of workplace injuries and deaths. They are especially common in industries like construction where people work from great heights, often on roofs, ladders or scaffolding. When a worker falls from a greater height, they are more likely to suffer disabling and fatal injuries.
Overexertion is listed by the National Safety Council as being the leading cause of all workplace injuries resulting in days missed. These injuries can be suffered from repetitive actions that lead to serious long-term conditions, such as lingering back injuries or carpal tunnel syndrome. They can also be the result of one single incident, which could occur from lifting or lowering a heavy object.
Equipment-related accidents are also one of the most common causes of workplace injuries. Being struck by or against an object or being caught in or between objects or equipment can have very serious consequences for a worker. These accidents typically occur when a worker operates or works near heavy machinery.
Workplace injuries can also be the result of many other types of incidents, some of which can be a single event or prolonged exposure to certain actions or chemicals. Other types of workplace accidents include:
- Toxic chemical exposure
- Heat exposure
- Workplace explosions
- Exposure to electricity
- Workplace violence.
Getting Compensation for a Workplace Injury
The good news for workers is that most employers have workers’ compensation insurance. This means that a worker can receive benefits after a workplace injury, regardless of who was at fault. However, some workers might find the extent and costs of their injury disputed by employers or insurers. Additionally, certain types of workers might not be covered by workers’ compensation at all, leaving them to deal with the consequences of a workplace injury without any financial assistance.
When a worker gets less than they deserve for an on-the-job injury, they should explore all their legal options. This could mean seeking greater payments from an insurer or, if a worker isn’t covered by workers’ compensation, filing a personal injury claim against the responsible party. Workers are guaranteed the right to a safe workplace. Serious injuries are often the result of a person’s or business’s negligence, which means that somebody can be held accountable for the costs of that injury. Workers can file claims to receive compensation for…
- Lost income
- Lost work capacity
- Medical bills
- Any other damages they might encounter because of their injury.
Do you know how much you should be given after a workplace injury? You might be surprised at the expenses you’ve incurred because of your injury. We make sure our clients get payment that truly reflects the suffering they’ve experienced.
Contact Kaplan Lawyers PC today to learn more about your legal options.