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Workplace Accidents

New York City Work Accident Lawyer

Filing a NY Workers’ Compensation Claim After an On-the-Job Accident

It can happen to anyone, and it quite frequently does. An individual will be doing their job when, suddenly, some kind of misstep or hazard leads to a workplace accident. These accidents can lead to serious injuries and, in some cases, permanent disability.

Workplace accidents can be devastating, both physically and financially. If you’ve been injured while on the job in New York City, you may be entitled to compensation for your injuries, lost wages, and medical expenses. At Schotter Millican, our experienced team of New York City work accident lawyers is dedicated to helping you navigate the legal complexities of workers' compensation claims, third-party lawsuits, and other legal options for obtaining justice and fair compensation.

Whether your injury occurred on a construction site, in an office, in a factory, or any other workplace setting, we’re here to advocate on your behalf. We understand the stress and confusion that comes with being injured at work and will provide you with the legal support you need during this challenging time.

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Seeking workers’ compensation can seem complicated, but it doesn’t have to be! At Schotter Millican, our New York City workplace accident attorneys can help you navigate the process of filing a claim and recovering the rightful benefits you are owed.

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Common Workplace Accidents

Workplace accidents can occur in any industry and in any workplace setting.

According to the Occupational Safety and Health Administration (Osha), the Top 10 Most Common Workplace Accidents Are:

What Causes Accidents in the Workplace?

Each fiscal year, OSHA also releases a list of the 10 most commonly cited safety standard violations.

In 2020, this list included the following:

  • Lack of proper fall protection (construction industry)
  • Failure to properly communicate hazards (general industry)
  • Unsafe ladders (construction industry)
  • Unsafe scaffolding (construction industry)
  • Improper respiratory protection (general industry)
  • Improper control of hazardous energy (general industry)
  • Improper face and eye protection
  • Improper training regarding fall protection
  • Accidents involving powered industrial trucks (general industry)
  • Unsafe machinery/improper machine guarding

Regardless of the type of accident you were involved in or the cause of the incident, you could be entitled to workers’ compensation benefits. Reach out to our New York City workplace accident attorneys today to learn more. We offer free initial consultations and can assist you in English, Spanish, or Polish (hablamos español; mowimy po polsku).

Types of Work Injuries

Workplace accidents often lead to serious and even fatal injuries.

According to OSHA, Some of the Most Common Workplace Injuries Include:

  • Spinal cord injuries
  • Broken bones
  • Paralysis
  • Brain injuries
  • Head injuries
  • Coma
  • Death

While these injuries are often physically and emotionally traumatic, they also tend to be very expensive and require extensive medical treatment. Especially for those individuals who do not have insurance, the costs can add up quickly. An injured worker may require expensive prescriptions, physical therapy, and, in some cases, surgery. These injuries can also be severe enough to keep an individual from working, resulting in lost wages.

Have you been injured in the workplace in New York City? Do you need help seeking workers’ compensation? Contact Schotter Millican at (718) 550-0610 to review your case.

What Should I Do if I'm Injured at Work?

  • Report the Injury: You have 30 days from the date of the accident to notify your employer of the injury, so report it to them as soon as you can, in writing if you can. The notice should list all of the illnesses or wounded bodily parts you are claiming, together with the fact that it occurred at work or was caused by it.
  • Seek Medical Attention Immediately: Get medical help right away. Visit a doctor or emergency facility as soon as you can. Do not allow your boss try to talk you out of seeking medical care. Furthermore, it is none of your boss's business to advise you where to seek medical assistance; don't allow them do that. 
  • Do Not Return to Work: Your boss may try to pressure you to return to work, but you shouldn't give in to such pressure because only your doctor has the authority to determine when you can return to work. If a doctor examines you and determines that you are well enough to work that day, you should only go back to work.
  • Get Legal Representation: Seek legal counsel as soon as you can; many wounded workers put off contacting us or any other attorneys for weeks, months, or even years. Events that transpire within the initial days following an accident have the potential to positively or negatively impact the course of a workers' compensation case. Finding a doctor who is not only competent but also qualified to treat injured workers in workers' compensation cases, someone you can trust to provide the necessary documentation to get paid on time and on a regular basis. In addition, a seasoned workers' compensation attorney will be able to plan for your case by considering how it fits within the legal framework. This allows them to anticipate potential actions from the insurance company and ensure that you are ready for them rather of being taken off guard and having to react.

Threats of termination or other forms of retaliation should not be used by your employer to coerce you into not pursuing your workers' compensation rights. Such retaliation is prohibited, and employers who engage in it may be the subject of a separate lawsuit filed with the Workers' Compensation Board.

Can I Sue My Employer?

In the state of New York, you cannot sue your own employer. If you are an independent contractor, there may be a case. Otherwise, workers' compensation is intended to cover the needs of all injured employees.

Does My Employer Have to Carry Workers' Compensation Insurance?

The vast majority of businesses in New York must have workers' compensation insurance. This covers full time as well as part time employees.

Who Is Exempt From Workers Compensation in New York?

  • Unpaid volunteers
  • Those doing casual or non-regular lawn services without heavy equipment for a residence or nonprofit
  • Police officers, sanitation workers, or firefighters who are covered by the New York State General Municipal Law
  • Independent contractors
  • And a few other exceptions, including involvement in religious or volunteer services

There are very few other exceptions. When registering a business in NY, owners are required to show proof of policy before they can receive their business permit. If a policy is not in place, employees may be able to sue.

How Do Pre-Existing Conditions Affect Work Accident Claims?

Pre-existing conditions can complicate work accident claims, but injured workers are still entitled to compensation if the accident aggravated their condition. From a legal standpoint, insurers often scrutinize claims involving pre-existing conditions, sometimes arguing that the current injury is unrelated to the workplace incident. It's crucial to demonstrate that the work accident worsened your condition or caused a new injury.

As experienced NYC work accident attorneys at Schotter Millican, LLP, we emphasize the importance of thorough medical documentation. This evidence is key to establishing the link between your work accident and the exacerbation of your condition. New York law supports workers' rights to claim benefits regardless of pre-existing conditions, provided there's a clear connection to the workplace accident.

Consulting with skilled work accident lawyers in NYC can significantly improve your claim's success. We help gather necessary medical and occupational evidence to ensure that your rights are protected and you receive the compensation you deserve. If you have any questions, our team is here to assist you.

Protect Your Rights After a Work Accident

Being involved in a work accident can be a traumatic experience, and it's important to understand your rights and options in order to protect yourself. At Schotter Millican, LLP, our experienced work accident lawyers are here to guide you through the legal process and ensure that you receive the compensation you deserve.

When you choose us to represent you, we will:

  • Thoroughly investigate the circumstances surrounding your accident to determine liability
  • Work with medical experts to assess the extent of your injuries and the impact they will have on your future
  • Handle all communication and negotiations with insurance companies and employers on your behalf
  • Advocate for your rights in court, if necessary, to secure a fair settlement or verdict

Remember, time is of the essence when it comes to filing a work accident claim. The sooner you take action, the stronger your case will be. Contact Schotter Millican, LLP today for a free consultation and let us fight for the compensation you deserve.

Preventing Workplace Accidents

While accidents can happen in any workplace, there are steps that can be taken to help prevent them and ensure a safe working environment for all employees.

Here are some tips to help reduce the risk of workplace accidents:

  • Provide proper training for all employees on how to safely operate equipment and machinery.
  • Maintain a clean and organized work environment to prevent slips, trips, and falls.
  • Regularly inspect and maintain equipment to ensure it is in good working condition.
  • Encourage open communication between employees and management to address any safety concerns.
  • Implement safety protocols and procedures for handling hazardous materials or working in high-risk areas.

By prioritizing safety and taking proactive measures to prevent accidents, you can help create a safer and more productive workplace for everyone.

What Are the Benefits of Workers Compensation?

While workers’ compensation issues can vary from case to case, it is important for an individual to be aware of what they can realistically expect.

The New York State Workers’ Compensation Law Entitles Eligible Injured Workers to the Following Benefits:

  • Medical treatment paid for by the workers’ compensation insurance carrier or self-insured employer
  • Wage replacement benefits equaling up to 2/3 of the injured worker’s average weekly wage
  • Reimbursement of various costs related to the injury, such as traveling to doctor appointments, prescription costs, and other injury-related necessities

Fighting for workers’ compensation can seem like a very complicated process, but with a skilled New York City workplace accident lawyer on your side, the process could be much easier.

How Long Do You Have to Report a Work Injury?

It should be noted that workplace accidents and injuries should be reported to employers within 30 days. Time is of the essence in these cases—act quickly! Reach out to our New York City workplace accident attorneys at Schotter Millican today to learn more, including how we can help you with your claim.

Why Choose Schotter Millican?

  • Proven Track Record: Our New York workplace accident lawyers have a strong history of successful case outcomes for our clients in work accident claims.
  • Experienced Lawyers: Our team has years of experience representing injured workers and handling complex workers' compensation claims and personal injury lawsuits.
  • Personalized Attention: We take the time to understand your specific situation and provide tailored legal advice and representation.

Steps to Take After a Work Accident

If you’ve been injured on the job, here are some important steps you should take:

  1. Report the Injury: Notify your employer as soon as possible. Many companies require that injuries be reported within a specific timeframe.
  2. Seek Medical Attention: Get medical care immediately. Not only is your health the priority, but having medical documentation will support your claim.
  3. Document the Incident: If possible, take photos of the accident scene, your injuries, and any other relevant details.
  4. Contact a Work Accident Lawyer: Before accepting any settlement offers or signing documents, consult with an experienced work accident lawyer.
  5. File a Workers' Compensation Claim: If applicable, file a workers' compensation claim with your employer.

Contact Our New York Workplace Accident Lawyers

If you’ve been injured at work in New York City, don’t wait to seek legal help. Our team of skilled work accident lawyers at Schotter Millican is ready to fight for your rights and ensure that you receive the compensation you deserve. Contact us today to schedule a free consultation and discuss your case.

Related Readings:

If you were injured in a workplace accident in New York City, contact Schotter Millican online or call us at (718) 550-0610 for a free case review.

New York Workplace Accidents FAQs

What should I do if I am injured at work?

First, notify your employer about the injury and seek medical attention immediately. Make sure to document the injury and the incident to strengthen your case. Consult a lawyer as soon as possible to discuss your legal options.

Am I entitled to workers’ compensation benefits if I was at fault for my injury?

In New York, workers’ compensation is a no-fault system, meaning you can still receive benefits for your injuries, even if you were partially at fault. However, workers’ compensation may not cover all damages, such as pain and suffering, which may require a separate lawsuit.

How long do I have to file a work injury claim?

In New York, workers must file a workers' compensation claim within 30 days of the injury. For personal injury claims against third parties, the statute of limitations is typically 3 years from the date of the accident.

What types of compensation can I receive after a work accident?

If you are eligible for workers' compensation, you can receive benefits for medical expenses, lost wages, and permanent disability if applicable. Additionally, you may be able to pursue compensation through a personal injury lawsuit if a third party was responsible for the accident.

Can I sue my employer for a work injury?

In most cases, workers’ compensation is the exclusive remedy for injuries sustained while at work, meaning you cannot sue your employer for a work-related injury. However, if a third party (e.g., a contractor, equipment manufacturer, or property owner) was at fault, you may be able to pursue a personal injury lawsuit.

How do I know if I have a third-party claim?

A third-party claim arises when someone other than your employer is responsible for your work-related injury. This could be a manufacturer of defective equipment, a contractor, or another company. Our attorneys can evaluate your case and determine if a third-party claim is applicable.

 

How long will it take to resolve my case?

The timeline for resolving a work accident case varies depending on the complexity of the situation. Workers' compensation claims can take a few months to process, while third-party lawsuits may take longer. We will keep you informed every step of the way and work to secure a timely resolution.

What if my work accident caused a long-term or permanent injury?

If your injury results in long-term or permanent disability, you may be entitled to additional compensation, including ongoing medical treatment, long-term disability benefits, and compensation for reduced earning capacity.

Can I file a claim if my injury was caused by a pre-existing condition?

Yes, if a work-related accident aggravated a pre-existing injury or condition, you can still file for workers' compensation. It is important to document the connection between the work injury and your pre-existing condition with the help of medical professionals and a lawyer.

Why Choose Schotter Millican, LLP?

  • We'll Be Your Resource
    Workers' Compensation can be confusing, but we're here to make sure you have everything you need.
  • When Others Quit, We Persist
    We'll push farther for our clients - when other firms may throw in the towel, we'll dig in deeper.
  • Activism Backed With Heart
    We have been involved in worker activism for decades, and we care deeply about you and your case.
  • We're Used to Winning
    Our attorneys have a long history of large appellate wins, so you can feel confident in our experience.
  • Videography Training for IME

    You will be trained by us to know how to videotape the independent medical examinations (IME) to protect your rights.

  • We Take Complex Cases
    We're not afraid of a challenge, and we'll use our experience to win even the most complicated cases.

Contact Schotter Millican, LLP Today!

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