Top Work Accident Lawyer in New York
Tomack Law, PLLC
If you’ve been hurt at work, you might be wondering how to get the compensation you need. A work accident lawyer can help you file claims, negotiate with insurers, and ensure you get the benefits you’re entitled to. This article will explain why hiring a lawyer is vital and what types of accidents they handle.
Key Takeaways
Hiring a work accident lawyer in New York is essential for navigating the complex legal landscape and securing fair compensation for workplace injuries.
Workers’ compensation claims provide benefits for medical expenses and lost wages, but eligibility relies on timely reporting and filing within specified deadlines.
Injured workers may pursue both workers’ compensation and personal injury claims for additional damages, including pain and suffering, depending on the circumstances of their injury.
Why You Need a Work Accident Lawyer in New York
Facing a workplace injury can be daunting, especially with insurance companies often contesting claims. Injured workers frequently find themselves battling disputes over medical costs and facing pressure to return to work prematurely. An experienced workplace accident attorney can be invaluable, guiding you through the legal maze to protect your rights and secure the compensation you deserve.
A skilled lawyer helps you navigate the complex claims process effectively while allowing you to focus on recovery. Seeking a lawyer specializing in workplace accidents provides optimal legal support, helping you overcome insurer challenges and secure fair compensation.
Tomack Law, PLLC Reviews
Types of Workplace Accidents We Handle in New York
Workplace accidents come in many forms, each with unique challenges and risks. Falls are the leading cause of fatalities in construction, underscoring the importance of effective fall protection. Slip and trip accidents, often caused by improper housekeeping and uneven surfaces, are also prevalent. Crane accidents can lead to severe injuries or fatalities if safety protocols are not strictly followed.
Overexertion injuries, such as strains and sprains, are common due to heavy lifting and repetitive motions. Caught-between incidents, where construction workers are trapped between two objects, highlight the need for safe machinery practices. Struck-by incidents involve workers being hit by moving objects or vehicles, making adherence to safety protocols essential. Chemical exposure in construction can lead to serious health issues, making protective equipment a must.
Understanding the various types of workplace accidents helps injured workers appreciate the importance of legal assistance. A workplace accident lawyer can handle diverse cases, ensuring injured workers receive the compensation and support they need to recover and move forward.
Understanding Workers’ Compensation Claims
Workers’ compensation is a no-fault system designed to provide benefits to employees who suffer workplace injuries directly related to their job. Most employers in New York City are required to carry workers’ compensation insurance to cover their employees. This system ensures that injured workers can claim benefits even if they were partly to blame for the accident. Workers do not need to prove employer fault to qualify for compensation.
The benefits available under workers’ compensation claims in New York include coverage for medical expenses, lost wages, and rehabilitation costs. Injured workers are entitled to unlimited medical benefits for treatment related to their work injuries. Workers compensation benefits for lost wages can include earnings lost during recovery, overtime, and bonuses.
Injured workers must notify their employer of an injury within 30 days to maintain their rights to compensation. Additionally, workers’ compensation claims must be filed with the Workers’ Compensation Board within two years of the work-related injury. If a claim is disputed, a workers’ compensation law judge will resolve the issue, and employees have the right to appeal if their claim is denied.
Personal Injury Lawsuits for Workplace Injuries
While workers’ compensation provides essential benefits, it does not cover all damages, such as pain and suffering. In certain circumstances, injured workers can pursue both workers’ compensation and personal injury claims. A third-party claim can be made if an injury occurs due to someone else’s negligence while the employee is working. For example, if a contractor or property owner’s negligence leads to an injury, the injured worker can file a personal injury case or a personal injury lawsuit.
Employees can also sue if the employer lacks sufficient workers’ compensation insurance or if the employer intentionally causes the injury. Proving negligence in a third-party lawsuit can enhance the potential compensation. New York labor laws allow injured workers to seek compensation outside the workers’ compensation system, providing avenues for additional damages not covered by workers’ comp.
Engaging an attorney helps in identifying all liable parties and navigating the complexities of personal injury cases. This dual approach ensures that injured workers can recover additional damages, including compensation for pain and suffering, which are not typically provided under workers’ compensation.
What Compensation Can You Recover?
Injured workers in New York can recover various types of compensation, including medical expenses, lost wages, and other related costs. Compensation can encompass costs related to medical treatment, covering everything from emergency care to ongoing rehabilitation. Moreover, compensation can also extend to cover lost wages and earning capacity, ensuring financial stability during recovery.
Additionally, injured workers can pursue compensation for pain and suffering resulting from workplace injuries. This section will delve deeper into these compensations, providing a comprehensive understanding of what you can recover following a workplace accident.
Medical expenses related to workplace injuries can include emergency care, hospital stays, follow-up appointments, physical therapy, medications, and future medical care. Workers’ compensation claims can include a wide range of medical costs, from emergency treatment to ongoing care and rehabilitation.
Covering all medical expenses enables injured workers to recover without added financial stress. Legal guidance can help secure maximum compensation for these costs.
Injured workers can claim compensation for earnings lost due to missed work, including any overtime that would have been earned. This compensation is vital for maintaining financial stability during the recovery period. Additionally, compensation for the loss of future earning capacity takes into account the worker’s ability to earn income in the future post-injury.
Compensation for lost wages and earning capacity protects an injured worker’s financial future. An experienced lawyer can navigate this complex process to secure necessary financial compensation.
Compensation for pain and suffering addresses non-economic damages resulting from workplace injuries. This includes both physical pain and emotional distress caused by the injury. While workers’ compensation does not provide for non-economic damages, these can be pursued through personal injury claims.
Knowing the avenues for recovering compensation for pain and suffering significantly impacts overall recovery and well-being. Legal assistance is vital in navigating these claims.
How Our Legal Team Can Help
Our legal team at Tomack Law, PLLC provides a detailed case assessment to maximize success chances. During consultations, we evaluate your case, discuss legal rights, and explore compensation options. Our experienced attorneys assist in filing claims with insurance providers and handle appeals if a workers’ compensation claim is denied.
Our workers comp lawyers are skilled in negotiating with insurance companies to maximize your benefits and secure favorable settlement agreements. Seasoned trial attorneys represent clients in court to seek justice and compensation when necessary. We are committed to protecting your rights and interests throughout the legal process.
Common Workplace Injuries
Common workplace injuries vary widely, including slips, trips, and falls, which account for a significant number of workplace accidents. Repetitive motion injuries, such as carpal tunnel syndrome and tendonitis, are also prevalent in various jobs, often affecting the hands, wrists, and back. Overexertion injuries, often linked to lifting or carrying heavy items, are another leading cause of workplace injuries.
Falling objects and being struck by them are common hazards in construction and industrial environments. Electrical injuries, workplace violence, and physical injuries like cuts, fractures, and burns also contribute to the range of common workplace injuries.
Recognizing these common injuries underscores the need for legal support in handling their aftermath.
Filing Deadlines and Legal Requirements
Timely reporting and filing of workers’ compensation claims are crucial for securing benefits. Injuries other than minor ones must be reported to the Workers’ Compensation Board and insurance within 10 days. Failure to report a workplace injury in a timely manner can result in penalties.
In New York, employees must inform their employer about their injury within 30 days and submit their formal workers’ compensation claim within two years of the injury date. For repetitive stress injuries or occupational diseases, the deadline for filing is two years from when the worker should have known the condition was related to their job.
Knowing these deadlines ensures injured workers can secure entitled benefits.
Contact Us for a Free Consultation
Injured workers are encouraged to contact our law firm for guidance and support regarding a york city workplace accident claims. Potential clients can reach out to the law firm by phone, online, or through live chat. We offer a free initial consultation for all potential clients to discuss their case and explore compensation options.
Reach out for a complimentary consultation to review your case and understand your rights. Our experienced team is dedicated to supporting injured workers and securing the compensation they deserve.
Frequently Asked Questions
Why is it important to hire a work accident lawyer in New York?
Hiring a work accident lawyer in New York is essential to ensure you receive fair compensation and navigate the complexities of your claim effectively. They protect your rights and manage disputes with insurance companies on your behalf.
What types of workplace accidents can a lawyer handle?
Lawyers can handle a range of workplace accidents such as falls, crane accidents, overexertion injuries, and chemical exposure. They ensure you receive the compensation and support you need.
What compensation can I recover after a workplace accident?
You can typically recover medical expenses, lost wages, and related costs following a workplace accident, with the potential for additional compensation for pain and suffering through personal injury claims.
What steps should I take immediately after a workplace accident?
Immediately seek medical attention, report the injury to your employer, and document all related details to ensure proper follow-up and accountability.
How can your legal team help with my workplace accident case?
Your legal team can thoroughly assess your workplace accident case, file necessary claims, negotiate with insurance providers, and represent you in court, ensuring you receive the maximum compensation possible.
