Managing Partner
Employers are required by law to provide their employees with certain types of safety equipment. The type of safety equipment required is determined by the work to be performed and other factors. Unfortunately, employers don’t always fulfill their legal duties regarding safety equipment. And when employers fail to provide the necessary safety equipment, employees often suffer serious injuries. In this article, we discuss your legal options if you have been injured at work due to inadequate safety equipment.
Workers’ Compensation Claims
Workers’ compensation in New York is a no-fault system that is designed to provide financial benefits to workers who are hurt on the job, regardless of who is at fault for the accident. Therefore, if you were hurt because your employer failed to provide you with the necessary safety equipment, you may file a workers’ compensation claim. Workers’ compensation benefits typically cover lost wages, rehabilitation costs, and medical expenses.
However, there are limitations to workers’ compensation claims. For example, workers’ compensation doesn’t provide compensation for pain and suffering. In addition, compensation for lost wages is typically less than could be recovered through a personal injury lawsuit. Also, when you accept workers’ compensation benefits, you typically give up your ability to sue your employer directly.
Personal Injury Claims
Depending on the circumstances, you may be able to file a personal injury lawsuit following an injury caused by inadequate safety equipment. This is often the case when a third party caused your accident. For example, if defective safety gear caused your injury, then you may be able to file a lawsuit against the manufacturer.
As opposed to workers’ compensation claims, personal injury claims offer the possibility of recovering compensation for pain and suffering, total lost wages, and possibly punitive damages. However, unlike a workers’ compensation claim, which doesn’t require a showing of fault, a personal injury claim will require you to prove that the negligence of the other party caused your injury. Therefore, it’s particularly important to consult with an experienced attorney before pursuing a personal injury lawsuit against a third party.
The Importance of Hiring an Attorney
Attempting to navigate the complexities of personal injury and workers’ compensation claims can be extremely challenging, especially while dealing with the effects of a serious injury. Therefore, whether you plan on filing a workers’ compensation claim, a personal injury lawsuit, or both for injuries following an inadequate safety equipment accident, it’s important that you hire an experienced Long Island construction and labor attorney. With an experienced attorney on your side, your odds of a successful outcome increase significantly.
Long Island Construction & Labor Accident Attorney
If you’ve been injured due to inadequate safety equipment at work, you should contact an experienced Long Island construction and labor accident attorney as soon as possible. At Dell & Dean, PLLC, our experienced attorneys will work diligently to obtain financial compensation for your injuries. Please contact us to arrange an initial meeting with a New York construction and labor accident attorney.
