Work Injury Lawyers
Sometimes an employee is injured (or even killed) as a result of an accident or occupational disease on the job. If this should happen, state laws require that your employer or your employer’s insurance company compensate you or your family. Workers' Compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment.
If you or a loved one is harmed while on the job you may be entitled to the following in a workers' comp case:
- Weekly benefits while you are temporarily totally disabled and unable to work;
- Payment of your medical expenses; and
- Weekly payments or a lump sum payment for partial or total disability resulting from a work-related injury.
What Should I Do If I Experience an Injury At Work?
If you are injured at work, you should report the injury immediately to your employer. You should also ensure that you receive the medical help that you need. It is important to keep all documentation related to the injury at work in case it is needed down the road for a workers' comp claim.
If an agreement with your employer or his/her insurance company is not reached regarding compensation or support following the accident, then you can file a workers' comp claim with the Industrial Commission. The process of filing a workers' comp claim can be stressful, confusing, and time-consuming. A workers' compensation attorney will be able to help guide you through it.
You May Be Entitled To More Than Just Workers Compensation:
Our client experienced an injury at work when he placed his toolbox on a dolly that had no brakes. The dolly moved. The toolbox fell crushing our client’s ankle. We sued the manufacturer of the dolly and obtained a multi-million dollar recovery for our client; far more than that he was entitled to under workers' compensation laws. We always consider third-party actions (eg. against the manufacturer of an inherently dangerous product or machinery) when there is a workers compensation claim.
Although workers' compensation laws are designed to eliminate most direct lawsuits against employers and employees many times workers are injured at work as a result of the negligence, carelessness of one with whom he is working who is employed by a different contractor or subcontractor and therefore would not be precluded by workers' compensation laws from bringing an action to obtain full financial compensation for the pain, suffering and economic loss sustained. Such an action can result in an award and settlement far exceeding that to which workers' compensation pays.
We are always analyzing on the job injuries to determine whether or not there could be potential monetary recoveries against a negligent defendant not protected by workers' compensation laws. Our analysis is free and we will let you know for free whether or not you have such a case.
Serious injury cases are not just business for us – they’re personal. When we take on a new client, we adopt them as part of our family, and we fight for them in every way possible.
That has been our motivating force in capturing hundreds of millions of dollars for clients we have represented during the past 50-plus years. It is also the reason we aspire to be the best personal injury firm in the country.
Types of Workplace Injuries Covered Under Workers' Compensation?
In New York State, workplace injuries covered under workers' compensation include any accidents or exposure to harmful substances that cause or contribute to an injury or significantly aggravate a pre-existing condition.
The National Safety Council has cataloged the more common workplace injuries, including:
- Stresses and strains from overexertion or repetitive motions
- Injuries caused by slips, trips, and falls
- Contact with or exposure to ungrounded electrical or unshielded radiation sources
- Oxygen deficiency in enclosed spaces
- Exposure to toxic or harmful substances
- Injuries from being struck by moving machinery or objects
- Pinching, squeezing, or crushing of limbs in machinery
- Vibration injuries
- Transportation accidents in work-related vehicles
- Violence stemming from coworkers or animals
- Burns from fires or explosions.
Two questions that workers’ comp insurance providers may try to ask to get out of paying an injured worker their workers' comp benefits are a) whether the injury occurred while the employee was on the job and b) whether the injury was genuinely work-related as opposed to being a pre-existing injury.
For example, an employer and its workers' compensation insurance carrier might argue that an employee's injury occurred while commuting to or from work, not while on the job. Likewise, the insurance company's investigators might argue that the employee's medical records show a pre-existing injury or condition that the employee had been receiving medical treatments since before the accident or event.
How a Lawyer Can Help
The above arguments and other defenses that an employer might raise are best addressed by an experienced New York workers' compensation lawyer. Individuals who file their own claims without a lawyer's assistance are at a disadvantage; they are negotiating against insurance companies on their own. These companies have years of experience with their own lawyers to erect roadblocks to an injured worker's recovery of the benefits they deserve.
However, when an injured worker retains a lawyer, they will achieve a more equitable result. Retaining legal representation is particularly important when a workplace injury results in a fatality. Workers' compensation may provide death benefits to a deceased worker's spouse and children. A lawyer with significant experience can help a family recover substantial benefits--in addition to any wrongful death damages they may be entitled to claim.
Specifically, a lawyer at The Rothenberg Law Firm will help you determine if perhaps you are entitled to receive compensation above and beyond your workers’ compensation benefits. For example, if you were injured on the job as a result of a machine defect or scaffolding defect or malfunctioning. You may be able to sue the manufacturer of the machine or the third party scaffolding company or the like in a third party personal injury lawsuit to collect non-economic damages.
Getting Legal Help: Worker’s Comp Attorney
If you or a loved one has a potential worker’s compensation claim, you will need an experienced work injury lawyer on your side. Call The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an InjuryLawyer.com free online case evaluation.
The initial consultation is FREE. If we agree to handle your case, there is no legal fee unless we are successful in getting you money.
A lawsuit must be filed before an applicable expiration date, known as a Statute of Limitations so please call or contact us right away so that you do not lose your rights to money or other benefits.
Over ABillion Dollarsin verdicts & settlements for our clients
What Our Clients Say
"I felt extremely well taken care of as a client of The Rothenberg Law Firm. There is so much to take care of when dealing with personal injury and I didn't have a worry at any time. Any doubts or questions I had were immediately answered and taken care of in a timely manner. They took care of everything and I will continue to consult and hire them if necessary in the future. My expectations were met and exceeded."
