A worker caught in some wrapping at his workplace.

Suffering a workplace accident can leave a victim with medical bills, lost income, and worse. Victims may have a workers’ compensation claim, but there are rules and deadlines that apply. In some cases, victims can also file a personal injury lawsuit against certain third parties.

Understanding your rights after being hurt on the job is one reason you need experienced legal counsel. Turn to the Long Island workplace accident lawyers of Dell & Dean, PLLC.

Why Should You Choose Dell & Dean?

The right law firm is going to explain all available legal options you have after being hurt on the job. Many firms assist employees with their workers’ compensation claims, but stop there. Depending on the facts of your case, you may also have a separate personal injury lawsuit.

Our objective is to help you understand and take advantage of your rights so you can seek the compensation you need to recover. Although every law firm is going to make promises, not all of them can deliver. The difference with Dell & Dean, PLLC is our:

  • Extensive experience with New York workplace injury laws
  • Numerous positive reviews from clients just like you
  • Understanding of the value of your case and how to prove it
  • Commitment to taking care of each step of your matter from start to finish
  • Successful past results which attest to our client commitment
  • Round-the-clock representation that meets and serves you where you are
  • Bilingual legal services that are available upon request
  • Local experience with the mediators and courts that will decide your case
  • 5-star personalized client representation that puts your interests first

Hiring a lawyer means more than hiring someone who knows the law. It means selecting a legal ally who will work tirelessly for the outcome your case deserves. We handle all legal aspects of your accident so you can rest and focus on your family.

Common Causes of Long Island Workplace Accidents

Understanding why and how your workplace accident occurred is an essential first step. It will be your responsibility to report the incident for workers’ compensation purposes, and to prove fault if you are filing a personal injury lawsuit. Our firm is able to assist with both of these.

What follows are a few of the reasons that workplace accidents happen:

  • Slips, trips, and falls: According to OSHA, slips, trips, and falls are among the most common causes of workplace accidents. Slick or unstable surfaces, broken stairs, icy sidewalks, poor lighting, and walkway obstructions are some examples.
  • Construction accidents: Dangers abound on Long Island construction sites. For instance, workers can fall off scaffolding, down manholes, and from elevated positions like roofs. We assist with all types of construction accidents.
  • Machinery accidents: This is a particular type of hazard that exists on construction sites, but also in other settings. An accident involving machinery could indicate negligence on the part of a third party, such as a contractor or the machine’s manufacturer.
  • Heavy lifting accidents: Lifting too much weight or doing so in an improper manner can cause injuries like torn muscles, herniated discs, and a strained back. In some cases, one worker drops an object on another and causes injury.
  • Struck-by-object accidents: Objects can fall from heightened positions or otherwise strike employees in virtually any setting. These accidents are common but hardly limited to construction sites.
  • Electrocution: An electrocution can happen due to a ground fault accident, contact with power lines, faulty wiring, and other reasons. Many workers die from electric shock while others are left with severe and permanent conditions.
  • Assaults due to negligent security: Although employers and property owners cannot prevent all criminal actions in the workplace, they can take reasonable steps to ensure adequate security. Conversely, poor security could allow an employee to be victimized. 
  • Exposure to harmful fumes or other chemicals: Toxic substances such as fumes and chemicals can cause cancer, respiratory illnesses, and death. Expert medical opinions are often necessary to substantiate a victim’s claim.
  • Work-related motor vehicle accidents: You could get into an accident while driving in a company-owned vehicle or performing work tasks for your employer. This may allow you to pursue a workers’ comp claim or a third-party lawsuit.

Common Injuries That Long Island Workers Experience

A workplace injury is any injury that a worker suffers while performing their work duties. It need not occur on their employer’s property to be a workplace injury. For instance, a truck driver who works for a warehouse and gets hurt while driving may be said to have a workplace injury.

These are some of the workplace injuries that victims often report:

The Basics of Workers’ Compensation Claims

If you were injured on the job in Long Island, you likely already know about workers’ compensation. New York businesses are required to have workers’ compensation insurance for their employees, including part-time workers and family members that the company employs.

Workers’ comp is not a fault-based system, meaning that benefits are generally available to injured workers regardless of who caused the accident. Benefits include medical coverage, partial wage replacement, and death benefits.

Despite the promises and benefits of workers’ comp, there are a few things that an injured worker must do. Many employees take workers’ comp for granted and assume it’ll be there regardless. But if they make a mistake with their claim they may not receive anything.

One thing you will need to do is file your claim on time. You should also document your injuries to prove they happened while working or that they resulted from a dangerous work condition. Failing to take these and other steps could bar you from any benefits.

You may also encounter resistance from the workers’ comp insurer or from your employer. Contact our firm if you were hurt on the job or you have questions about your workers’ compensation claim.

When is a Third-Party Lawsuit Available?

Workers’ comp is not necessarily the full extent of recovery available to you. In certain situations, injured workers can file a separate lawsuit against third parties like the property owner, a subcontractor, or the company that manufactured defective workplace equipment.

Unlike a workers’ compensation claim, a third-party lawsuit is fault-based. This means you will need to prove that the at-fault party was legally responsible for your injuries, for instance by acting negligently or violating applicable safety laws.

There are advantages to filing a personal injury lawsuit. For example, you may be able to recover the full value of your lost income, not just the partial wage replacement of workers’ comp. You can also request non-economic damages that aren’t available with workers’ comp.

Contact Our Long Island Workplace Accident Attorney

If you were hurt at work, speak with a lawyer at your earliest convenience. We can review the details of your accident and explain whether workers’ comp benefits, a third-party personal injury lawsuit, or both are available. Then, we can get to work seeking compensation.

It’s part of our tireless commitment to helping workers recover from their injuries so they can move forward. To learn more about your rights and options after suffering a workplace accident, reach out today to Dell & Dean, PLLC.

Frequently Asked Questions About New York Workplace Accidents

How long do I have to file for workers’ comp?

Injured employees should notify their employer as soon as possible but within 30 days of the accident. In most cases, the worker must also file a claim with the New York Workers’ Compensation Board within two years of the accident. We can assist with these steps.

What if the workers’ comp insurance company denies my claim?

A claim denial is not necessarily the final word. You may have the right to challenge the decision through the New York Workers’ Compensation Board. This could allow you to present additional evidence and testimony. Your lawyer can represent you during this appeal process.

How long do I have to file a third-party lawsuit?

Workers who are eligible to file a third-party lawsuit must generally do so within three years of the date of the accident. However, there are some exceptions to this deadline, known as the statute of limitations. To preserve your right to compensation, speak with a lawyer right away.

What non-economic damages are available with a third-party lawsuit?

Depending on the facts of your case, you may be able to claim compensation for pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and more. These are not available with workers’ compensation claims.