Managing Partner
Workers who are hurt on the job can generally file for workers’ compensation with their employer. But they may also have a separate personal injury claim against third parties. This includes accidents involving falls where the worker wasn’t given safety gear.
If you have been injured at work, you need to understand all forms of compensation for which you may be eligible. The Long Island personal injury firm of Dell & Dean, PLLC is ready to assist you. Let us review your case and advise you of your legal options.
When a Fall at Work Allows a Lawsuit
If an employer fails to provide an employee with appropriate safety gear and they are hurt, the injured employee can file a workers’ compensation claim. Since workers’ comp is not a fault-based system, the absence of safety gear does not change this outcome.
But the analysis doesn’t end there. There are potentially other parties who may have played a role in the accident. The injured worker may be able to maintain a lawsuit against these parties, separate from the workers’ comp claim. Here are some examples:
- Scaffolding without guardrails: A Long Island worker is cleaning windows from a scaffold that lacks safety rails. The general contractor has failed to ensure the scaffold has the rails, and the worker falls and is injured. A claim against the contractor may arise under New York Labor Law § 240(1).
- Elevated construction work: A construction worker is atop elevated beams and should have fall-arrest equipment. But he doesn’t, so he slips and falls. A non-employer party responsible for the absence of this safety gear may be liable under New York Labor Law § 241(6).
- Fall from an elevated platform: A carpenter has repeatedly asked for safety gear while working on an elevated platform. The subcontractor knows this but refuses to provide the gear, and an accident happens. The injured worker may have a claim under New York Labor Law § 200.
- Defective safety gear: If the worker was actually provided with safety gear, but it was defective (a rope snapped or a guardrail unexpectedly detached), then an injured worker may have a product liability claim against the manufacturer of the gear or another party.
What’s important to understand is that each of these claims is against a non-employer. Workers’ comp is usually the only recourse an injured worker has directly against their employer, but they can potentially file a lawsuit against these other parties in the above situations.
Why File a Lawsuit At All?
Injured workers in Long Island generally know about workers’ compensation. They may believe this is the only claim they have or simply not understand why they should consider filing a third-party lawsuit. But there are a few good reasons to consider suing.
First, workers’ comp only pays part of an injured worker’s current lost wages. If a worker was paid a high salary or cannot return to their previous occupation, filing a lawsuit can provide them with the full amount of their current and future lost income.
Second, workers’ compensation does not cover pain and suffering and other non-economic damages. But these are real losses that injured workers experience, and can include emotional distress and loss of enjoyment of life. A lawsuit can recover these damages.
Finally, a lawsuit can cover other economic losses that are not covered under workers’ compensation. Examples may include certain out-of-pocket medical expenses, home and vehicle modifications like wheelchair ramps, and transportation costs for medical treatments.
Let Our Personal Injury Lawyer Review Your Case
You may be unsure about whether you need an attorney after suffering a fall. You deserve to have a full, honest answer to that question. Let the Long Island personal injury lawyers of Dell & Dean, PLLC explain how we can assist you. Schedule a free consultation with us today.
