New York City Work Injury Lawyers

Proven Results: $120 Million+ Recovered

If you’ve been injured at work, you can seek payment for lost wages, medical bills, and other related expenses through workers’ compensation. Our New York workplace injury attorneys believe that when you suffer a serious injury in service of an employer, you deserve payment for all the costs you encounter – permanent and temporary, economic and noneconomic.

How Should I Seek Compensation for a Work Injury in NYC?

There are various forms of recourse that may be available to you if you’ve been hurt at work, but the best option in most cases will be a workers’ compensation claim. You may also be able to explore personal injury claims against at-fault businesses or individuals.

The path toward fair compensation for a workplace injury isn’t always clear. We offer free consultations to help you better understand your options. We evaluate your case and give you our thoughts, so you can decide whether to move forward.

Is Your Injury Work-Related?

One of the key benefits of the workers’ comp system for employees is that there’s no need to prove wrongdoing on the part of the employer. As long as your injury came about because of your work activities, you could receive a payout. Even if the accident was your own fault, you’ll still be eligible, barring some exceptions.

The requirement for an injury to be work-related is easily satisfied in cases involving accidents. For example, if you fell off a scaffold and broke your leg while working at your construction job, there will likely be no dispute around whether your injury arose because of work.

In repetitive strain injury cases, the link between your job and the harm you suffered may be less clear. You might have developed carpal tunnel syndrome from using a keyboard and mouse all day. However, because there was no single event that led to your condition, your employer might argue that the issue came about for some other reason. Employers (and their insurance companies) often use tactics like this to prevent claims from succeeding. This saves insurers money on claim payouts and keeps employers’ insurance premiums down.

As you might imagine, it’s very difficult to fight tactics like this unless you know how to collect and present evidence. This is why it’s so important to enlist the help of a top-class workplace injury attorney if you’re struggling with the claim process.

Why Choose Our Work Injury Attorneys in New York City

When you choose our team, you can expect to receive:

• A team with a thorough understanding of workers’ compensation laws
• Lawyers with extensive experience in work injury cases
• A strong history of good results for clients, helping clients recover millions of dollars in settlement and jury awards
• A compassionate team dedicated to helping you and to helping our New York community.

The Work Injury Case Process in NYC and New York State

You typically cannot file a lawsuit against your employer for a work injury if the company carries workers’ compensation insurance as required by state law. However, there are many injuries at work that involve negligence of parties other than, or in addition to, your employer. If a third party (like the manufacturer of a machine used in a factory) contributed to the cause of your work injury, you may pursue a lawsuit against that third party, regardless of any workers’ compensation benefits you accept.

How Our NYC Work Injury Law Firm Will Help You

Even if you believe you may know who is at fault for your work injury, it’s best not to jump to conclusions. Instead, you should talk with our experienced NYC personal injury attorneys. We know the intricacies of New York laws surrounding injuries on the job. We will fully evaluate the circumstances of your injury to ascertain which parties are at fault, whether your injury is sufficiently work-related to qualify for workers’ compensation, and whether any other form of legal action may be appropriate.

If you need to pursue only a workers’ comp claim, we can assist you to ensure you get the full benefits you are due. If you can pursue a personal injury claim, we’ll leverage all our resources to aggressively fight for the compensation you deserve for the injuries you suffered at work.

If any of these particular circumstances apply to your employer, it may be a better idea to file a personal injury case rather than a workers’ compensation claim:

• If you are employed by a company that does not have workers’ comp insurance
• If you are employed by a company that is legally required to carry workers’ compensation insurance but doesn’t
• If you are employed by a self-insured company which is dragging its feet in paying your claim
• If you believe you have a case against a third-party defendant. You may be able to receive damages through an additional third-party legal claim, even if you are also getting workers’ compensation benefits through your employer.

Seeking Compensation for a Workplace Injury

The good news is that most employers have workers’ compensation insurance. However, this doesn’t guarantee that you’ll find it easy to receive the payout you need from a workers’ comp claim. You might find the extent and costs of your injury disputed by employers or insurers. You may learn you’re not covered by workers’ compensation because of the specific details of your employment contract. In the latter scenario, you might be left to deal with the fallout of your workplace injury without any financial assistance.

If you’re in a situation like this, it’s important to explore all your potential options. This could mean seeking greater payments from an insurer or, if you’re not covered by workers’ compensation, filing a personal injury claim against the party responsible for your injuries.  Serious injuries are often the result of negligence on the part of a business or individual, which means that somebody can be held accountable for the costs of that injury. You might be able to receive compensation for:

• Pain and suffering
• Lost income
• Lost future earning capacity
• Medical bills
• Any other injury-related damages.

The Devastation of a Workplace Injury Isn’t Just Economic

Roughly one-third of our adult lives are spent working. With that sort of dedication and investment, it’s reasonable to expect that if you’re hurt on the job, you’ll be taken care of. Sadly, injured workers too often find themselves without the financial assistance they need to get their lives back on track.

In addition to the immediate impact of a workplace injury (lost income and medical bills), these injuries can disrupt lives in many other significant ways. When people lose their ability to do their job, they lose a sense of purpose. The pain and suffering of an injury can lead to:

• Depression
• Anxiety
• Fractured relationships
• Post-traumatic stress disorder (PTSD)
• Diminished quality of life
• Loss of purpose.

These consequences are just as significant as the financial losses people experience from on-the-job injuries, and they should be part of any damages you seek in an injury claim.

Exceptions to New York’s Workers’ Compensation Eligibility Rule

As noted above, there are situations in which you may not receive workers’ compensation benefits despite having apparently satisfied the program’s basic requirements. This might be because of:

• Intoxication or drug use: If you were under the influence of drugs or alcohol at the time of your accident, you may not be eligible for workers’ comp benefits.
• Self-inflicted injuries: Injuries that are intentionally self-inflicted typically do not qualify for workers’ compensation.
• Violation of company policy: If you were violating company safety rules, engaging in misconduct, or participating in unauthorized activities at the time of your accident, you might be denied benefits.
• Failure to report the injury: Failing to report an injury within the required time frame can result in your ineligibility for workers’ compensation.
• Not acting within scope of employment: Injuries that occur while you are not engaged in your official work duties might not be covered.
• Independent contractors: Independent contractors may not be eligible for workers’ compensation, though there are exceptions based on misclassification.
• Illegal activity: Injuries sustained while engaging in illegal activities, even on the job, typically disqualify you from compensation.
• Pre-existing conditions: You may be denied workers’ comp benefits if your injury results from a pre-existing condition not aggravated by the workplace accident.

Frequently Asked Questions for Our New York City Work Injury Accident Lawyers

When you are entering the workers’ compensation program in New York, it can be an unsettling situation. If you are using workers’ comp for the first time, you may not understand exactly how to proceed and which pieces of information are most important to have at hand. When our work injury clients at Tucker Lawyers have questions, we always take the time to answer them because we know how important it is for you to have accurate, up-to-date information.

What damages can I claim in a workplace injury case?

You can claim economic and noneconomic damages if you file a personal injury case related to a workplace accident. You may also be entitled to punitive damages, though this is unusual. Economic damages compensate you for the financial losses you’ve sustained. These include medical expenses, lost wages, and loss of earning potential. Noneconomic losses compensate you for the pain and suffering you’ve endured. It’s worth noting that workers’ compensation only provides for economic damages.

How much is my claim worth?

Every claim is different. Factors that dictate how much compensation you receive will include the severity of your injuries, whether you’ll be able to return to work, your age, and how the injuries affect your life. Generally, the more severe your injuries are, the more your claim will be worth.

Do I need a lawyer?

You aren’t technically required to have a lawyer on your side when filing a workers’ compensation claim or personal injury lawsuit; in the U.S., everyone has the right to represent themselves, even in court. However, you should hire an attorney. You don’t want to tackle the complexities of these claims on your own. If you try, you’ll run the risk of making very costly mistakes.

Can I get workers’ compensation benefits and file a claim against a third party?

Yes. If a third party’s negligence caused your injuries, you can pursue a lawsuit against that party while still seeking workers’ compensation benefits. However, you cannot sue your employer if you accept workers’ comp benefits, as the law gives employers an exemption in this situation.

How long does it take to settle a workers’ compensation claim in New York City?

Some workers’ compensation claims in New York City can settle in a few months, while others can take several years. The severity of your injuries and whether the facts of the work accident are in dispute play a role in the length of the case.

Let our experienced team work toward delivering the results you want to see in your work injury claim. We are ready to work tirelessly on your behalf.

Contact Our NYC Work Injury Lawyers Today for a Free Case Evaluation

A workplace injury can be a frustrating and debilitating experience; it shouldn’t have to be an expensive one as well. If you’re not sure what your next steps should be, our New York work injury lawyers can help you pursue the compensation you need to put your life back on track.

Contact Tucker Lawyers by calling (516) 399-2364 or filling out our online contact form. Our initial consultations are always free, so there’s no risk for you if you want to come and tell us your story.

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ATTORNEY BIO]