New York Work Accident Lawyers

After an On-the-Job Injury, Do I Qualify for Workers' Compensation?

If you were injured while on the job, it should be a simple process to get the money owed to you through your workers' comp insurance. Unfortunately, the process can be difficult to navigate - especially alone. If you suffered an injury or became ill due to a harmful work environment, do not wait to get medical attention and inform your employer. The sooner you document your injuries, the better. Failing to report the work-related illness or injury could result in the loss of your rightful benefits.

It may seem simple to determine what counts as a "work-related injury,” but in certain situations, it may be more difficult. For example:

• The incident occurred during the worker’s lunch break.
• The incident occurred during a company event.
• The incident occurred while traveling.
• The incident occurred due to the worker's misconduct.
• A preexisting condition was aggravated while performing a job duty.

In New York, you have two years from the date of your work-related accident to file a workers' compensation claim. If you miss this deadline, you may not be able to pursue financial compensation for your injuries. That is why it is important to get medical aid and report the accident as soon as possible to your employer so that you can receive compensation as early as possible.

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The Additional Dangers of Head Injuries

One of the deadliest situations a worker could face with an on-the-job injury is a brain injury, especially among construction workers or workers who suffer slip and fall accidents. Traumatic brain injuries, or closed head injuries, are often associated with severe brain damage that can lead to lifelong disabilities. However, this is not always the case: mild traumatic brain injuries like concussions are also extremely debilitating to New York workers and are still ignored by workers’ compensation boards and insurance companies when they shouldn’t be.

• Mild seizures
• Diminished concentration, inability to complete daily tasks
• Hearing and balance disorders
• Cognitive fatigue; frequent malaise, tiredness, or sluggishness
• Personality changes, impulsive behavior, changes in behavior
• Short-term memory loss, confusion, and difficulty remembering recent events
• Impaired perception, alterations in speech
• Severe headaches, nausea, and dizziness
• Lack of standard motor function on one side of the body

It should be noted, while workers’ compensation may apply to your head injury, you may also be able to pursue a personal injury claim if a third-party was involved.

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Workers’ Compensation and Personal Injury Claims

The general rule is that on-the-job injuries are covered by workers' compensation insurance. Because of this, workers are also not able to pursue compensation in the form of a lawsuit or personal injury claim against their employer. However, there are exceptions to the rule, and while you generally cannot file a claim against your employer, you may be able to file against a third-party. The following are situations in which an injured worker may pursue compensation outside of workers’ comp:

• If a defective product caused the injury.
• If a toxic substance caused the injury.
• If an employer does not carry workers' compensation insurance.
• If a third-party is liable for the injury.

It's best to go over every option with a lawyer. The reward from a personal injury lawsuit can be much greater than the benefits provided by workers' compensation and can allow you to recover more comfortably. Third-party claims are a little different, however.

Workers’ compensation is designed to be “no-fault” insurance, meaning that you may be able to pursue it if you are injured on the job without having to demonstrate negligence. Personal injury claims, on the other hand, require you to prove that the third-party:

• Owed you a duty of care
• Acted negligently and broke that duty of care
• In breaking that duty of care, they injured you
• Those injuries resulted in financial and personal damages

Unlike workers’ compensation claims, you have up to three years to file a personal injury claim in the state of New York against a third-party. While you have more time, you will want to contact an attorney as soon as possible. Personal injury claims require in-depth investigations and substantial evidence in order to hold the at-fault party accountable. This can be made more difficult if your injuries were caused at a construction site or another business that is constantly changing its layout, potentially leading to a loss in evidence. However, if you talk to an attorney quickly, we may be able to collect evidence before it is damaged or lost.

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Additional Information

• How the Labor Shortage Makes Construction Workers More Likely to Get Hurt
• Compartment Syndrome and NYC Construction Worker Health
• What Do I Do When a Coworker Causes My Injury?
• How Improper Training Leads to Construction Worker Injuries
• Why Construction Workers Are Reluctant to Report Hazards and Injuries