Get Help If You Have Suffered Injuries in a New York Workplace Accident

While many workers understand that when they are injured on the job they have the right to pursue a NY workers' compensation claim, few understand the rules and guidelines of this process. In some cases, workers’ compensation may not apply at all or be extremely limited. However, if your work injuries were caused by a third-party, you may still be able to pursue a personal injury claim. In both situations, you will need to provide evidence of the injury and its connection to the negligence of the liable party, as well as the aid of a skilled attorney to advocate for your rights during the entire process. Only then will you have a chance of receiving adequate compensation for your losses, including medical expenses, lost wages, and more.

If you have suffered an injury or illness related to your work, consult the New York on-the-job injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, to ensure you have the strongest claim possible. The rules surrounding work injuries and the actions employees can take afterward are complicated. Our legal team has spent years representing clients injured in New York and can inform you of your rights and legal options. Call our us today at (212) 986-7353 for a free, no-obligation consultation.

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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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Injuries Your New York Workers’ Compensation Insurance Covers

Broadly put, workers’ compensation is expected to provide compensation for any injury you suffer while performing your duties, including injuries that occur over time and injuries that are caused by accidents.

Common injuries that workers’ compensation claims will cover include:

Given that New York appears to be in a constant state of construction, workers here are also at risk of suffering catastrophic injuries as a result of safety violations on a construction. However, individuals who work for restaurants, bars, offices, and retail spaces can also become severely injured depending on the nature of the accident. Types of accidents that commonly injure New York workers include:

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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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Compassionate Legal Representation for New York Injured Workers

If you or a loved one has been seriously injured in a workplace accident, it is important to seek legal representation as soon as possible. At the law firm of Wingate, Russotti, Shapiro, Moses & Halperin, LLP, our NY personal injury attorneys understand that injuries not only cause serious physical and financial damage, but major emotional trauma as well. We have dedicated our careers to providing clients with the best representation possible, helping them recover for their losses, whether it is a claim against an at-fault employer or third-party. To learn more about how we can apply our years of experience to your case, call (212) 986-7353 today for a FREE, no-obligation consultation.

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Additional Information

Our Construction Accident Case Results

$18 Million - Verdict for Construction Worker Who Fell from a Defective Scaffold

The laborer fell three stories from a defective scaffold and suffered comminuted fractures of his left calcaneus, osteomyelitis in the left heel and a painful neuroma in his foot.

Philip Russotti

$11.76 Million - Labor Law Construction Accident with Single-Level Lumbar Fusion

Frank Lombardo obtained $11.76 million in Queens County for a seriously injured Union Local No. 1 journeyman plumber.

Frank Lombardo

$11.1 Million - NY Construction Worker Fell from Ladder

Phil Russotti obtained an $11.1 million verdict in Queens County Supreme Court, for a 53 year old man who was injured on a construction site at a New York City High School.

Philip Russotti

$8.2 Million - New York Construction Worker Paralyzed in Fall

Plaintiff, a 40 year-old, undocumented immigrant from El Salvador, was working off the books for a roofing contractor when he fell through a hole in the first floor of a one family home he was working in.

Kenneth Halperin, Philip Russotti

$7.25 Million - Defective Scaffolding Injury in New York

Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorneys Phil Russotti and Ken Halperin settled the case of a union-affiliated painter in his 40s, who was injured while working at a chemical storage facility.

Kenneth Halperin, Philip Russotti

$6.5 Million - Carpenter Injured from Fall at Jobsite

David M. Hoffman obtained a settlement of $6,500,000 for a client who was injured in a fall on a jobsite resulting in suffered serious and permanent trauma to his head.

David Hoffman

$6.5 Million - Serious Fall by Undocumented Laborer

Konstantin Burshteyn successfully represented a client, an undocumented laborer from El Salvador, who was seriously injured in a fall while working as a roofer.

Konstantin Burshteyn

$6.4 Million - Injured Union Concrete Workers

WRSMH attorneys obtained a total of $6,400,000 for multiple cases involving injured union concrete workers who were hurt on a construction site.

Noah Katz, Michael Zisser

$5.9 Million - Construction Worker Struck by a Falling Object

Carmine Goncalves obtained a large settlement on behalf of our client, a union construction worker, who sustained injuries after being struck by a falling object.

Carmine Goncalves

$5.75 Million - Falling Beam Injuries on Construction Site

The firm successfully represented a construction worker who sustained injuries which required multiple surgeries after he was struck by a falling beam while working on a construction site.

William Hepner, Fatos Dervishi

$5.75 Million - Day Laborer Injured at Construction Site

50-year-old day laborer injured at his job site, an apartment building in the Bronx.

Bryce Moses

$5.3 Million - Non-Union Construction Worker Injured by Table Saw

The firm successfully represented a non-union construction worker who was seriously injured while operating a table saw which lacked a safety guard.

Noah Katz, Fatos Dervishi

$5 Million - Staten Island Construction Worker Killed When Trench Walls Collapse

Clifford Shapiro and Kenneth Halperin worked together to obtain a $5,000,000.00 settlement for the family of a construction worker who was killed while working in a trench at a construction site on Staten Island.

Clifford Shapiro, Kenneth Halperin

$5 Million - Worker Injured in Trench Fall at Construction Site

David M. Hoffman obtained a settlement of $5,000,000 for a client who sustained multiple injuries after falling into an unprotected trench at a construction site.

David Hoffman

$4.5 Million - Union Bridge Painter Injured in Fall

Frank J. Lombardo and Carmine Goncalves obtained a large settlement on behalf of our client, a union bridge painter, who sustained multiple injuries in a workplace accident.

Frank Lombardo, Carmine Goncalves

$4.5 Million - Worker Injured in Slip and Fall on Construction Site

Carmine Goncalves and Bryce Moses obtained a large settlement on behalf of our client, a construction worker, who sustained multiple injuries in a workplace fall.

Carmine Goncalves, Bryce Moses

$4.5 Million - Non-Union Laborer Injured in Construction Site Fall

Attorneys obtained a pre-trial settlement in the amount of $4.5 million for a non-union laborer who fell through an opening on the first floor into a cellar below a Manhattan high-rise building under construction.

Noah Katz, Kenneth Halperin

$4.27 Million - Paralyzed Construction Worker

Bryce Moses conveyed to the jury that the landowners were responsible for the accident and was able to obtain $4.27 million dollar recovery despite the fact there was only 4 Million Dollars in insurance coverage.

Bryce Moses

$4.1 Million - Construction Site Ladder Fall

WRSMH attorneys obtained a $4,100,000.00 settlement for a 44-year-old carpenter who was injured while working at a construction site.

Kenneth Halperin

$4 Million - Fall from Faulty A-Frame Ladder

David M. Hoffman obtained a large settlement for a client who sustained multiple serious injuries in a fall from a faulty a-frame ladder.

David Hoffman

Click here to see more NY Construction Accident Verdicts & Settlements