As a result, our work injury lawyers at Banville Law will listen to the facts of your on-the-job injury to determine if you will require legal representation for a workers’ compensation claim or if you have a viable personal injury lawsuit against a third party or under specific New York Labor Laws.
Can I Sue For My Work Accident?
Our New York work injury attorneys will perform a diligent review of your situation to determine if you can bring a personal injury lawsuit against the party or parties who were negligent, and caused your work injury. Our analysis will conclude in developing a legal strategy that will determine if your remedy lies in a work injury lawsuit or a workers’ compensation claim.
In general, if your injury was as a result of a construction accident, there is a high probability that you will have a personal injury lawsuit. This is because such accidents are usually very serious in nature, and the injuries sustained can be devastating. As a result, New York labor laws, such as “The Scaffold Law”, provide protections for such vulnerable members of the workforce to allow such lawsuits that would be capable of recovering the significant amounts of compensation that such injuries need for a wholesome recovery.
Here are the typical scenarios in which our New York work accident lawyers have successfully brought personal injury lawsuits on behalf of our clients:
- When the accident was caused by a third party, such as a contractor or property owner (not your employer)
- When the injury was caused by a toxic substance or chemical – a lawsuit can be brought against the manufacturer on several counts
- When the injury was caused by some defective product or equipment – a personal injury case may be brought against its manufacturer and other parts manufacturers
- When your employer fails to carry workers’ compensation insurance, then you will have a personal injury lawsuit against your employer
How Much Compensation Can I Obtain For My Work Injury?
This is a common question that we get from our work accident clients. The simple answer is, it really depends on your specific circumstances. As outlined above, the results can vary quite drastically depending on the type of legal options open to you.
a) A Workers’ Compensation Claim
In the event the only viable legal option open to you is a workers’ compensation claim, our workman’s comp lawyers may be able to secure the following from an approved claim:
- 2/3 of your weekly wages
- Out of pocket medical expenses
- Paid medical treatment for treating doctors, physicians, chiropractors etc.
- Special compensation for loss or loss of use of extremities such as limbs, fingers, legs, hands etc.
- Special compensation for decreased ability to work because of a partial disability
b) A Personal Injury Lawsuit
Our work and construction accident lawyers have been successful in recovering millions for New Yorkers through personal injury lawsuits. Again, the size is affected by factors and variables that are specific to your scenario. We aggressively pursue third parties for:
- past and future pain and suffering
- loss of quality of life
- punitive damages for gross negligence
- loss of consortium in wrongful death cases
- loss of future income
When Can I Claim Workers’ Compensation?
When you speak with one of our workers’ compensation lawyers we assess whether you have an eligible claim in New York. In doing so we look at the following specifics:
- At the time of your accident or injury, you were working at a business that, under New York Law, is required to have workers’ compensation insurance
- That your accident or injury occurred while you were “on-the-job” or carrying out your duties as an employee
- You provided written notice to your employer about the accident or injury, within 30 days of such incident occurring
- Medical records exist that identify your injury as being caused by the work accident
Our lawyers are experienced in assisting clients build a strong case under these points to provide the workers’ compensation board with concrete evidence that your claim is a viable claim under New York Labor Laws. There are certain issues that often arise in the eligibility process that our legal team can guide you through. Typically these include:
- injuries while traveling for work
- injuries while attending company events
- injuries that were partially or substantially your own fault
Contact our experienced workman’s comp attorneys today for an evaluation of your work injury claim.
Common Types Of Work Place Accidents
Having served the people of Manhattan, Brooklyn, Queens, The Bronx, and Staten Island for years in the area of work injury compensation, here are the many common types of work place accidents that we see, and can represent you, should you or a family member be unfortunate enough to require such representation:
Contact An Experienced New York Work Injury Lawyer
We hope you found the above information interesting and we hope you got a glimpse of our experience in this challenging area of the law. If you or a loved one has been injured or killed in a workplace accident, please do not hesitate to call one of our experienced New York workers’ comp and construction accident lawyers for a free consultation. You will speak with an attorney within 24 hours, which is our promise to you.
We are licensed to practice in the state of New York and located in New York City, however, we have successfully helped clients with workman’s comp claims and personal injury lawsuits for construction and workplace accidents in the following boroughs:
For more information on specific accidents at work, please review our site in more detail.