New York City Work Accident Lawyer

Filing a 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.

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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.

On This Page:

• Common Workplace Accidents
• Common Workplace Injuries
• Can I Sue My Employer?
• Employers and Workers' Comp
• Workers' Comp Benefits

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:

• Slips, trips, and falls
• Being struck by falling or moving objects
• Being struck against stationary objects
• Overexertion/overuse
• Repetitive motion or strain injuries
• Electrocution
• Machine or equipment entanglement
• Car and other motor vehicle accidents
• Falls from heights/to lower levels
• Assault and other forms of workplace violence

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.