New York Workers We Commonly Represent
Banville Law's dedicated work injury team has experience helping injured New York workers in a wide range of industries, including both the private and public sectors. We regularly help injured workers in the following fields:
Regardless of your occupation, our team has the resources you need to file a successful claim or appeal for workers' compensation. Additionally, we're prepared to help you explore other options for compensation, depending on the circumstances of your injury.
Can You Sue For Work Injuries In New York?
Workers' compensation generally prohibits injured workers from suing their co-workers or employer. However, there are circumstances in which a personal injury lawsuit may be an option. If your injury was caused by the negligence of a third party (anyone other than a co-worker or employer), you could have grounds for a lawsuit.
Negligence means any action (or inaction) which creates a danger that could end up hurting others. As citizens of this great city, we all owe each other a duty to behave responsibly so that no one gets injured in a preventable accident. When one of us fails to meet this duty and someone else gets injured, it's important that the victim recovers the compensation they need for expenses related to their injury.
Common forms of negligence which could result in a personal injury lawsuit for a work injury include:
Irresponsible Or Reckless Driving
Workers in transportation, sanitation, shipping and receiving, and other industries which require driving or working in traffic are all at risk of getting into a traffic accident on the job. For example, a trash collector may be injured by an aggressive driver who attempts to drive around a stopped garbage truck.
Property Owner Negligence
Property owners are obligated to keep both the interior and exteriors of their properties free of hazards. Failure to do so could result in a lawsuit under premises liability if someone gets hurt. For example, a carpenter could be injured on an icy sidewalk while working at a private home.
Some work-related accidents are caused by defective equipment, tools, and machinery. The manufacturers of these products have an obligation to make sure their products are safe. If you've been injured by a defective product at work, you could hold the manufacturer liable for damages.
Third Party Negligence On Construction Sites
Construction sites are different than many other workplaces, because there are workers from various employment sources working closely together. It's common for construction accidents to occur due to the negligence of another worker who doesn't share the same employer as the injury victim. When this happens, the injured party may have the option to sue the negligent party. For example, if you were working as an independent contractor and another independent contractor injured you by dropping a tool on your head.
Do I Need A Lawyer After A Work Injury?
While you're free to seek financial compensation on your own, many injured workers struggle through the process. It's common for injured workers to have faith that their employer and the workers' comp insurance carrier have their best interests in mind. This is understandable - you would expect that in exchange for all your hard work, you should have no trouble recovering the benefits you deserve. Unfortunately, the reality is much more complicated.
Workers' compensation is a form of insurance, which means that there are powerful insurance companies involved. These insurance companies place their own profits above all else, and limiting payouts helps their bottom line. Additionally, many employers dispute that injuries are work-related in order to keep their premiums low.
How Our Lawyers Can Help
At Banville Law, our knowledgeable work injury lawyers have experience taking on uncooperative employers and powerful insurance companies. We have the track record to command respect from these insurance companies. While they may attempt to exploit unrepresented workers by denying claims, they are much more likely to simply pay out fair compensation when the other side has their own legal representation.
We also have an experienced personal injury team who can help you pursue lawsuits against negligent third parties. This additional compensation is often necessary for serious injuries, which cause a variety of both economic and noneconomic damages. For these serious injuries, we can also help you explore the possibility of filing for Social Security disability benefits.
We understand that a serious work injury creates a variety of financial burdens. That's why we offer free consultations and work on a contingency fee basis. This means you pay us nothing until you receive the financial compensation you need while recovering from your injury.
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