Every year, hundreds of thousands of workers suffer serious injuries on the job. Many workers know that they may have the right to pursue a worker’s compensation claim if they’ve been injured in a workplace accident. However, few understand all of the rules in what can be a complex process.
If you’ve been injured in a workplace accident, you must understand all of your legal rights. Workers’ compensation benefits may not apply to you or maybe extremely limited. You may have the right to file a personal injury claim and recover economic and non-economic damages that aren’t available through workers’ compensation benefits. The Long Island, New York attorneys at Dell & Dean, PLLC can help you understand your legal options during a complimentary case evaluation.
Common Causes of Workplace Injuries in New York
Many workplace accidents could be prevented by employers and property owners using reasonable care and enforcing safety standards. According to OSHA, some of the most common types of workplace accidents include slip and fall accidents. On construction sites, workers or pedestrians may fall into unmarked, open manholes, ditches, or other holes in the ground. Those working from heights, such as on scaffolding or roofs, may fall off the roof and suffer serious injuries.
Workers in office buildings may slip and fall on defective carpets, broken staircases, or icy steps. Other workplace accidents occur when an object strikes a worker, suffers electrocution, or becomes caught between machinery or vehicles. For workers’ compensation, workers can also recover benefits for medical conditions caused by repetitive stress injuries, such as carpal tunnel. Dell & Dean, PLLC has successfully represented clients in a wide range of workplace cases, including the following types of accidents:
- Machinery accidents
- Heavy lifting accidents
- Assaults due to the property owner’s negligence of security
- Exposure to harmful fumes or other chemicals
- Work-related motor vehicle accidents
- Construction accidents
- Slip, trip, and fall accidents
Common Injuries Caused By Workplace Accidents
Workplace accidents can cause a wide range of injuries, from sprains caused by slip and fall accidents to traumatic brain injuries caused by motor vehicle accidents. Workplace injuries include any injury an employee has suffered while performing his or her work duties. The accident doesn’t necessarily have to occur on the employer’s property. For example, if a truck driver becomes injured while driving on a highway away from his or her employer’s warehouse, the accident will still be considered a workplace accident. Some of the most common injuries caused by workplace accidents include the following:
- Repetitive stress injuries such as carpal tunnel
- Back injuries involving slipped and herniated discs
- Neck injuries, including whiplash
- Back and spine injuries leading to partial or total paralysis
- Hearing loss
- Eye injuries
- Penetrating (open) head injuries
- Closed head injuries
- Traumatic brain injuries (TBIs)
- Broken bones
- Post-traumatic stress disorder (PTSD)
I Was Injured at Work in New York. Do I Qualify for Workers’ Compensation Benefits?
Many people assume that as long as they were injured at work, they’ll be entitled to workers’ compensation benefits. Unfortunately, this isn’t always the case. To recover workers’ compensation, you will need to submit a claim within the designated time frame. You will also need to document your injuries so you can prove that they occurred while you were working or were caused by a harmful work environment.
If you fail to report your work-related injury or illness in time, you may lose the rights to your workers’ compensation benefits. Under New York law, workers have two years from the date of the workplace accident to file a claim for workers’ compensation. If you have questions about whether you’re eligible for workers’ compensation benefits, don’t hesitate to contact Dell & Dean, PLLC. We know how to hold employers accountable when they deny the full amount of benefits injured workers deserve.
Pursuing a Personal Injury Lawsuit After a Workplace Injury
Generally, injuries caused by on-the-job accidents are covered by workers’ compensation insurance. As an employee, if you agree to receive workers’ compensation benefits, you will waive your right to pursue a personal injury lawsuit against your employer. Before you pursue workers’ compensation benefits, you’ll benefit from speaking to an attorney. If your employer’s negligence caused your injuries, it may be more beneficial for you to file a lawsuit against your employer. Depending on the facts in your case, you may also have a claim against a third party whose negligence caused your injuries.
There are pros and cons to pursuing a personal injury lawsuit instead of workers’ compensation benefits. You may be able to recover significantly more monetary damages through a lawsuit than you can recover through workers’ compensation benefits. On the other hand, workers’ compensation benefits are a form of no-fault insurance. As a result, you can obtain workers’ compensation benefits even if you can’t prove fault.
For example, you can still obtain workers’ compensation benefits if you contributed to the accident that resulted in your injuries. Dell & Dean, PLLC will review all of the facts in your case and help you understand which party or parties are liable for your injuries. We can help you make an informed decision about the best strategy for pursuing compensation in your unique case.
Discuss Your Case with a Skilled Personal Injury Attorney in New York
Suffering an injury in a workplace accident can result in disability, pain, and an inability to work and enjoy the activities you once loved. If you have been seriously injured in a workplace accident, it’s important to discuss your case with an attorney as soon as possible. The compassionate attorneys at Dell & Dean, PLLC understand that workplace accidents can cause serious physical injuries, financial damages, and major emotional trauma.
We’ve dedicated our careers to pursuing compensation for victims of personal injury accidents. Whether you pursue a compensation claim, we are prepared to provide you with the skilled legal representation you deserve. Contact Dell & Dean, PLLC to schedule a complimentary, no-obligation consultation and learn more about your legal rights.
Dell & Dean, PLLC handles claims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.
