Representing New York Sanitations Workers Injured on the Job
New York sanitation workers are vital to the ebb and flow of modern society, ensuring our streets, sidewalks, and buildings are clean. They are the unsung heroes of civilization, allowing the rest of us to go about our day without worrying about our own waste. And yet, when injured on the job, sanitation workers unfortunately often get forgotten by those in charge in order to save money.
If you have been injured on the job as a sanitation worker, do not accept a minor payment or denial of your workers’ compensation claim. You have rights, and an experienced New York City on-the-job work injury attorney can help you fight to receive the compensation you deserve. In some cases, a civil lawsuit against a negligent third party may be warranted.
Call Wingate, Russotti, Shapiro, Moses & Halperin, LLP, at (212) 986-7353 to discuss what happened and learn about your options.
Common Accidents and Injuries Faced By Sanitation Workers in New York
Sanitation workers face unique challenges and situations. Some common accidents a sanitation worker might have on the job include:
- Falls: Sanitation workers spend their days out and about in the city. This puts them at risk for slips, trips, and falls since their work environment changes so often. When objects are placed near sidewalks, or snow and ice are not properly dealt with, there is a greater risk of a slip-and-fall.
- Impacts: Sanitation workers can be struck by falling objects or items falling from a truck or garbage receptacle. When people do not stow trash or other items properly, the risk of an impact increases.
- Repetitive Stress: The daily routine for sanitation workers includes making the same movements over and over again. This creates the risk of repetitive stress in certain areas, particularly the shoulders and rotator cuff.
- Machinery Accidents: Sanitation workers use trucks and powerful machinery to collect and dispose of waste on a daily basis. Accidents involving these machines can result in catastrophic injuries that may change the rest of the worker's life.
Injuries from these types of accidents can include:
- Broken bones
- Traumatic amputations
- Soft tissue damage
- Spinal cord injuries
- Traumatic brain injuries
- Internal organ damage
- Deep lacerations
What Should You Do After a Workplace Accident?
Immediately following an accident at work, seek medical attention for your injuries. As soon as possible, file an official report about the accident with your employer, which may include a statement to your site manager. Take note of anyone who witnessed the accident and can attest to what happened. You should also follow any doctor’s orders you receive based on your injury to prevent it from getting worse.
You should then file a New York workers' compensation claim for your injury as soon as possible since there are filing deadlines that you have to meet. Workers’ compensation benefits are designed to provide financial support and medical care to sanitation workers injured on the job. These benefits typically cover medical expenses, rehabilitation costs, and a portion of lost wages during recovery. Workers’ compensation is a no-fault system, meaning that workers are entitled to benefits regardless of who was responsible for the accident. However, if your claim is denied, you will need to appeal the decision; a top NYC personal injury attorney can greatly help with this process.
In some cases, you may be able to file a civil lawsuit against a negligent third party who caused or contributed to your injuries. Knowing who is liable for an accident can be difficult — and filing a claim when the city is involved is even more complicated. Consult with a knowledgeable New York sanitation worker injury lawyer to figure out what needs to be done to pursue just compensation.
WRSMH is here to help: (212) 986-7353.
Seeking Additional Compensation Through a Third-Party Lawsuit
You may be eligible to receive additional compensation beyond your workers' comp benefits. Your attorney can review the details of your case to find out if any third parties are liable for your injuries. Negligent third parties may include:
- Manufacturers of defective equipment
- Property owners responsible for hazards or unsafe working conditions
- Subcontractors who played a role in the accident
- Equipment vendors
- The driver of a vehicle that struck you
What Causes Sanitation Worker Injuries?
Fatigue and overwork are significant contributors to sanitation worker accidents. Long hours and strenuous physical labor can lead to exhaustion, reducing a worker's alertness and reaction time. This fatigue can become apparent in several ways, including slower reflexes and loss of coordination. Insufficient rest periods between shifts can prevent proper recovery, further exacerbating the problem.
Employers must recognize these risks and implement measures that comply with OSHA standards, such as adequate break times, sensible scheduling, and manageable workloads to reduce the dangers associated with fatigue and overwork.
Inadequate training is another critical factor leading to sanitation worker accidents. Proper training is essential for workers to understand how to safely operate machinery, handle hazardous materials, and respond to emergencies. When training is insufficient or outdated, workers may not be fully aware of the dangers they face or the correct procedures to follow, increasing the likelihood of accidents.
Employers must invest in comprehensive training programs that cover all aspects of the job and ensure that workers are regularly updated on new safety regulations and best practices.
Faulty equipment is a significant hazard for sanitation workers, and it often leads to serious injuries or accidents. Equipment such as garbage trucks, compactors, and lifting mechanisms are essential for the job, but it may become dangerous when it isn't properly maintained. Mechanical failures such as brake malfunctions or hydraulic leaks can lead to catastrophic accidents.
Outdated or worn-out equipment may not meet current safety standards, posing further risks. Regular maintenance and timely repairs are crucial to ensure that the machinery operates safely. Employers should also conduct routine inspections and replace equipment that no longer functions correctly.
Compensation Available in New York for Injured Sanitation Workers
Compensation for injured sanitation workers includes immediate medical treatment, such as emergency room visits, surgeries, and hospital stays. It also extends to ongoing medical care, including follow-up appointments, physical therapy, and prescription medications.
Lost wages and reduced earning capacity are additional significant elements of compensation for injured sanitation workers. When an injury prevents workers from performing their jobs, they may face financial hardship due to lost income. Compensation for lost wages covers the period during which the worker is unable to work, ensuring they can manage their financial obligations during recovery. In cases where the injury results in long-term or permanent disability, the worker may be entitled to compensation for reduced earning capacity.
Pain and suffering compensation addresses the physical and emotional distress experienced by injured sanitation workers. Unlike tangible expenses such as medical bills and lost wages, pain and suffering are more subjective and can be challenging to quantify. This compensation addresses the severity of the injury, the duration of recovery, and the impact on the worker's quality of life.
Factors such as chronic pain, emotional trauma, and loss of enjoyment in daily activities are also taken into account. Detailed medical records, psychological evaluations, and personal testimonies can be crucial in substantiating these claims. Pain and suffering compensation aims to provide some relief for the non-economic damages endured by the worker, acknowledging the profound impact of the injury on their overall well-being.
Vocational rehabilitation services play a pivotal role in helping injured sanitation workers return to the workforce. These services are designed to assist workers who can no longer perform their previous jobs due to their injuries. Vocational rehabilitation includes job training, career counseling, and assistance with job placement in a new role that suits the worker’s abilities and limitations.
New York Sanitation Workers Injured at Work Should Call Our Injury Lawyers
Call the legal representatives at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. We've won over a billion dollars for our clients and have been helping injured workers in New York City for over 50 years. We are prepared to discuss your accident and can go over your options for seeking compensation.
Call our New York City injured sanitation worker lawyers at (212) 986-7353 to learn more today!